[Federal Register Volume 82, Number 110 (Friday, June 9, 2017)]
[Notices]
[Pages 26776-26777]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-11987]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-821-802]
Uranium From the Russian Federation; Final Results of the
Expedited Fourth Sunset Review of the Suspension Agreement
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: As a result of this sunset review, the Department of Commerce
(the Department) finds that termination of the Agreement Suspending the
Antidumping Investigation on Uranium from the Russian Federation
(Suspension Agreement) and the suspended investigation would be likely
to lead to continuation or recurrence of dumping. The magnitude of the
dumping margin likely to prevail is indicated in the ``Final Results of
Review'' section of this notice.
DATES: Effective June 9, 2017.
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 February 3, 2017, the Department published the notice of
initiation of the fourth sunset review of the Suspension Agreement and
suspended antidumping duty investigation on uranium from the Russian
Federation, pursuant to section 751(c) of the Tariff Act of 1930, as
amended (the Act).\1\ Pursuant to 19 CFR 351.218(d)(1)(i), the
Department received timely and complete notices of intent to
participate in this sunset reviews from Louisiana Energy Services, LLC
(LES), Power Resources, Inc. (PRI) and Crow Butte Resources, Inc. (Crow
Butte), and Centrus Energy Corp. and United States Enrichment
Corporation (USEC) (collectively, Centrus) on February 21, 2017, and
from ConverDyn on February 24, 2017. On March 6, 2017, the Department
received complete substantive responses from LES, PRI and Crow Butte,
and Centrus (collectively, the domestic interested parties) within the
30-day period specified in 19 CFR 351.218(d)(3)(i).\2\ The Department
did not receive substantive responses from any respondent interested
party. As a result, pursuant to section 751(c)(3)(B) of the Act and 19
CFR 351.218(e)(1)(ii)(C)(2), the Department conducted an expedited
sunset review of this Suspension Agreement.
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\1\ See Initiation of Five-Year (``Sunset'') Reviews, 82 FR 9193
(February 3, 2017) (Initiation).
\2\ See ``Uranium from Russia: Louisiana Energy Services, LLC's
Substantive Response to the Notice of Initiation'' from Louisiana
Energy Services dated March 6, 2017; ``Uranium from the Russian
Federation: Substantive Response to the Notice of Initiation'' from
Power Resources and Crow Butte Resources dated March 6, 2017;
``Uranium from the Russian Federation: Substantive Response to
Notice of Initiation of Five-Year Review'' from Centrus Energy Corp.
and United States Enrichment Corporation dated March 6, 2017.
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Scope of the Agreement
The product covered by the Suspension 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 Suspension Agreement.
For purposes of this Suspension Agreement, uranium enriched in
U\235\ or compounds of uranium enriched in U\235\ in Russia are covered
by this Suspension 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 Suspension Agreement.\3\
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\3\ The second amendment of two amendments to the Suspension
Agreement effective on October 3, 1996, in part included within the
scope of the Suspension 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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HEU is within the scope of the underlying investigation, and HEU is
covered by this Suspension Agreement. For the purpose of this
Suspension 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
[[Page 26777]]
subheadings are provided for convenience and Customs purposes. The
written description of the scope of this proceeding is dispositive.
Analysis of Comments Received
All issues raised in this sunset review, including the likelihood
of continuation or recurrence of dumping and the magnitude of the
margin of dumping likely to prevail if the Suspension Agreement is
terminated, are addressed in the Issues and Decision Memorandum.\4\ The
Issues and Decision Memorandum is a public document and is on file
electronically via Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System (ACCESS).
ACCESS is available to registered users at http://access.trade.gov and
is available in the Central Records Unit, room B8024 of the main
Department of Commerce building. In addition, a complete version of the
Issues and Decision Memorandum can be accessed directly on the Internet
at http://enforcement.trade.gov/frn.
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\4\ See Memorandum from Sally C. Gannon, Director for Bilateral
Agreements, to Ronald K. Lorentzen, Acting Assistant Secretary for
Enforcement and Compliance, ``Issues and Decision Memorandum for the
Fourth Sunset Review of the Agreement Suspending the Antidumping
Investigation on Uranium from the Russian Federation; Final
Results,'' (June 5, 2017) (Issues and Decision Memorandum).
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Final Results of Review
Pursuant to section 752(c) of the Act, the Department determines
that termination of the Suspension Agreement and suspended
investigation on uranium from the Russian Federation would likely lead
to continuation or recurrence of dumping, and that the magnitude of the
margin of dumping likely to prevail if the suspension agreement is
terminated would be 115.82 percent.
Notification Regarding 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: June 5, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2017-11987 Filed 6-8-17; 8:45 am]
BILLING CODE 3510-DS-P