[Federal Register Volume 88, Number 70 (Wednesday, April 12, 2023)]
[Notices]
[Pages 21973-21974]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-07625]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-821-802]


Uranium From the Russian Federation: Continuation of Suspension 
of Antidumping Investigation

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: As a result of determinations by the U.S. Department of 
Commerce (Commerce) that termination of the Agreement Suspending the 
Antidumping Investigation on Uranium from the Russian Federation 
(Agreement) and the suspended investigation on uranium from the Russian 
Federation (Russia) would likely lead to continuation or recurrence of 
dumping, and by the U.S. International Trade Commission (ITC) that 
termination of the suspended investigation would likely lead to 
material injury to an industry in the United States, Commerce is 
publishing this notice of continuation of the Agreement.

DATES: Applicable April 12, 2023.

FOR FURTHER INFORMATION CONTACT: Sally C. Gannon or Jill Buckles, 
Enforcement and Compliance, International Trade Administration, U.S. 
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 
20230; telephone: (202) 482-0162 or (202) 482-6230, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On September 1, 2022, Commerce initiated the fifth sunset review of 
the suspended antidumping duty investigation on uranium from the 
Russian Federation (Russia), pursuant to section 751(c) of the Tariff 
Act of 1930, as amended (the Act).\1\ On the basis of the notice of 
intent to participate and adequate substantive responses filed by 
domestic interested parties and the lack of response from any 
respondent interested party, Commerce conducted an expedited (120-day) 
sunset review, in accordance with 19 CFR 351.218(e)(1)(ii)(C)(2).\2\ As 
a result of its review, Commerce determined that termination of the 
Agreement and suspended antidumping duty investigation on uranium from 
Russia would lead to a continuation or recurrence of dumping and 
notified the ITC of the magnitude of the margins likely to prevail, 
should the Agreement be terminated.\3\ On April 6, 2023, pursuant to 
section 751(c) of the Act, the ITC published its determination that 
termination of the suspended antidumping duty investigation on uranium 
from Russia would be likely to lead to continuation or recurrence of 
material injury to an industry in the United States within a reasonably 
foreseeable time.\4\
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    \1\ See Initiation of Five-Year (Sunset) Reviews, 87 FR 53727 
(September 1, 2022).
    \2\ See Commerce's Letter, ``Sunset Reviews Initiated on 
September 1, 2022,'' dated October 25, 2022.
    \3\ See Uranium from the Russian Federation; Final Results of 
the Expedited Fifth Sunset Review of the Suspension Agreement, 88 FR 
61 (January 3, 2023).
    \4\ See Uranium from Russia, 88 FR 20553 (April 6, 2023)
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Scope of the Agreement

    The product covered by the Agreement is natural uranium in the form 
of uranium ores and concentrates; natural uranium metal and natural 
uranium compounds; alloys, dispersions (including cermets), ceramic 
products, and mixtures containing natural uranium or natural uranium 
compounds; uranium enriched in U\235\ and its compounds; alloys, 
dispersions (including cermets), ceramic products, and mixtures 
containing uranium enriched in U\235\ or compounds of uranium enriched 
in U\235\; and any other forms of uranium within the same class or 
kind.
    Uranium ore from Russia that is milled into 
U3O8 and/or converted into UF6 in 
another country prior to direct and/or indirect importation into the 
United States is considered uranium from Russia and is subject to the 
terms of this Agreement.
    For purposes of this Agreement, uranium enriched in U\235\ or 
compounds of uranium enriched in U\235\ in Russia are covered by this 
Agreement, regardless of their subsequent modification or blending. 
Uranium enriched in U\235\ in another country prior to direct and/or 
indirect importation into the United States is not considered uranium 
from Russia and is not subject to the terms of this Agreement.\5\
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    \5\ The second amendment of two amendments to the Agreement 
effective on October 3, 1996, in part included within the scope of 
the Agreement for Russian uranium which had been enriched in a third 
country prior to importation into the United States. According to 
the amendment, this modification remained in effect until October 3, 
1998. See Amendments to the Agreement Suspending the Antidumping 
Investigation on Uranium from the Russian Federation, 61 FR 56665, 
56667 (November 4, 1996).

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[[Page 21974]]

    HEU is within the scope of the underlying investigation, and HEU is 
covered by this Agreement. For the purpose of this Agreement, HEU means 
uranium enriched to 20 percent or greater in the isotope uranium-235.
    Imports of uranium ores and concentrates, natural uranium 
compounds, and all forms of enriched uranium are currently classifiable 
under the Harmonized Tariff Schedule of the United States (HTSUS) 
subheadings: 2612.10.00, 2844.10.20, 2844.20.00, respectively. Imports 
of natural uranium metal and forms of natural uranium other than 
compounds are currently classifiable under HTSUS subheadings: 
2844.10.10 and 2844.10.50. HTSUS subheadings are provided for 
convenience and Customs purposes. The written description of the scope 
of this proceeding is dispositive.

Continuation of Suspension of Investigation

    As a result of the respective determinations by Commerce and the 
ITC that termination of the Agreement and suspended antidumping duty 
investigation on uranium from Russia would likely lead to continuation 
or recurrence of dumping and material injury to an industry in the 
United States, consistent with section 751(d)(2) of the Act, Commerce 
hereby gives notice of the continuation of the Agreement. The effective 
date of continuation will be the date of publication in the Federal 
Register of this notice of continuation. Pursuant to Section XII.A of 
the Agreement, Commerce intends to initiate the next sunset review of 
the Agreement in 2028.

Administrative Protective Order

    This notice also serves as the only reminder to parties subject to 
administrative protective orders (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305. Timely written 
notification of the return or destruction of APO materials or 
conversion to judicial protective order is hereby requested. Failure to 
comply with the regulations and terms of an APO is a violation subject 
to sanction.

Notification to Interested Parties

    We are issuing and publishing these results and notice in 
accordance with sections 751(c), 752(c), and 777(i)(1) of the Act and 
19 CFR 351.218.

    Dated: April 6, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2023-07625 Filed 4-11-23; 8:45 am]
BILLING CODE 3510-DS-P