[Federal Register Volume 64, Number 11 (Tuesday, January 19, 1999)]
[Notices]
[Pages 2877-2879]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-1117]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-834-802]
Termination of Suspension Agreement, Resumption of Antidumping
Investigation, and Termination of Administrative Review on Uranium From
Kazakhstan
AGENCY: Import Administration, International Trade Administration, U.S.
Department of Commerce.
-----------------------------------------------------------------------
SUMMARY: The Government of Kazakhstan has provided notice of its intent
to terminate the agreement between the United States Department of
Commerce (``Department'') and the Republic of Kazakhstan suspending the
antidumping investigation on uranium from Kazakhstan. Therefore, the
Department is resuming the underlying antidumping investigation.
EFFECTIVE DATE: January 11, 1999.
FOR FURTHER INFORMATION CONTACT: James C. Doyle, Karla Whalen, or
Juanita H. Chen, Enforcement Group III, Import Administration,
International Trade Administration, U.S. Department of Commerce, 14th
Street & Constitution Avenue, N.W., Washington, DC 20230; telephone:
202-482-3793.
Applicable Statute: Unless otherwise indicated, all citations to
the Tariff Act of 1930, as amended (``the Act''), are references to the
provisions effective in 1992. In addition, unless otherwise indicated,
all citations to the Department's regulations are to the regulations at
19 CFR part 353 (1992).
SUPPLEMENTARY INFORMATION:
Background
On December 5, 1991, the Department initiated an antidumping
investigation concerning uranium from the Union of Soviet Socialist
Republics (``Soviet
[[Page 2878]]
Union''). Initiation of Antidumping Duty Investigation: Uranium from
the Union of Soviet Socialist Republics, 56 FR 63711 (December 5,
1991). On December 25, 1991, the Soviet Union dissolved and the United
States subsequently recognized the twelve newly independent states
(``NIS'') which emerged, one of which was the Republic of Kazakhstan
(``Kazakhstan''). On January 16, 1992, the Department presented an
antidumping duty questionnaire to the Embassy of the Russian
Federation, the only newly independent state which had a diplomatic
facility in the United States at that time, for service on Kazakhstan.
On January 30, 1992, the Department sent questionnaires to the United
States Embassy in Moscow, which served copies of the questionnaire on
the permanent representative to the Russian Federation of each NIS. The
questionnaires were served on February 10 and 11, 1992. On March 25,
1992, the Department gave notice that it intended to continue its
antidumping duty investigation with respect to the newly independent
states of the former Soviet Union. Postponement of Preliminary
Antidumping Duty Determination: Uranium from the Former Union of Soviet
Socialist Republics (USSR), 57 FR 11064 (April 1, 1992).
On June 3, 1992, the Department issued its preliminary
determination, in its antidumping duty investigation on uranium from
Kazakhstan (``Investigation''), that imports of uranium from Kazakhstan
were being, or were likely to be, sold in the United States at less
than fair value, as provided for in the Act. Preliminary Determinations
of Sales at Less Than Fair Value: Uranium from Kazakhstan, Kyrgyzstan,
Russia, Tajikistan, Ukraine and Uzbekistan; and Preliminary
Determinations of Sales at Not Less Than Fair Value: Uranium from
Armenia, Azerbaijan, Byelarus, Georgia, Moldova and Turkmenistan, 57 FR
23380 (June 3, 1992). On October 16, 1992, the Department amended the
preliminary determination to include highly enriched uranium (``HEU'')
in the scope of the investigations. Antidumping; Uranium from
Kazakhstan, Kyrgyzstan, Russia, Tajikistan, Ukraine, and Uzbekistan;
Suspension of Investigations and Amendment of Preliminary
Determinations, 57 FR 49221 (October 30, 1992), Also on October 16,
1992, the Department suspended the antidumping duty investigation
involving uranium from Kazakhstan. Agreement Suspending the Antidumping
Investigation on Uranium from Kazakhstan, 57 FR 49222 (October 30,
1992) (``Suspension Agreement''). The basis for the Suspension
Agreement was an agreement by Kazakhstan to restrict exports of uranium
to the United States. On February 7, 1995, the Department and
Kazakhstan signed an amendment to the Suspension Agreement to permit
entry of highly enriched uranium (``HEU'') within the terms of the
Suspension Agreement. Agreement Suspending the Antidumping
Investigation on Uranium from Kazakhstan, 60 FR 13699 (March 14, 1995).
On March 27, 1995, the Department and Kazakhstan signed an amendment to
the Suspension Agreement to modify the original price-tied quota
mechanism by lowering the threshold price from $13.00 to $12.00, and
re-defined Kazakhstan-origin uranium to include uranium mined in
Kazakhstan and enriched in a third country. Agreement Suspending the
Antidumping Investigation on Uranium from Kazakhstan, 60 FR 25692 (May
12, 1995). On September 29, 1998, the Department and Kazakhstan signed
an amendment to the Suspension Agreement permitting entry of certain
shipments of uranium from Kazakhstan into the United States pursuant to
ongoing consultations. Agreement Suspending the Antidumping
Investigation on Uranium from Kazakhstan, 63 FR 67858 (December 9,
1998).
On October 21, 1998, USEC Inc. and its subsidiary, United States
Enrichment Corporation (hereinafter collectively referred to as
``USEC''), requested that the Department conduct a hearing related to
the issues raised in the administration of the Suspension Agreement for
the period October 1, 1997 to September 29, 1998. On October 27, 1998
and October 29, 1998, the Ad Hoc Committee of Domestic Uranium
Producers, and the Oil Chemical and Atomic Workers International Union,
AFL-CIO (hereinafter collectively referred to as ``Petitioners''),
joined in USEC's request for a hearing. On October 30, 1998, Kazakhstan
expressed its interest in participating in the hearing. On October 30,
1998, the Ad Hoc Committee of Domestic Uranium Producers requested an
administrative review of the Suspension Agreement for the period
October 1, 1997 to September 30, 1998, pursuant to the Department's
notice of opportunity to request an administrative review. Antidumping
or Countervailing Duty Order, Finding, or Suspended Investigation;
Opportunity to Request Administrative Review, 63 FR 54440 (October 9,
1998).
On November 10, 1998, the Department received notice from
Kazakhstan of its intent to terminate the Suspension Agreement. Section
XII of the Suspension Agreement provides that Kazakhstan may terminate
the Suspension Agreement at any time upon notice to the Department;
termination would be effective 60 days after such notice. On December
23, 1998, the Department initiated an administrative review of the
Suspension Agreement for the period October 1, 1997 to September 30,
1998. Initiation of Antidumping and Countervailing Duty Administrative
Reviews, 63 FR 71091 (December 23, 1998). As the 60 day period provided
for in the Suspension Agreement has passed, the Department is
terminating the Suspension Agreement and resuming the original
Investigation effective January 11, 1999. Moreover, as a result of
resumption of the Investigation, the Department is also terminating the
administrative review of the Suspension Agreement.
Scope of the Investigation
The merchandise covered constitutes one class or kind of
merchandise. HEU is included in the scope of the investigation. The
merchandise covered includes 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 or uranium enriched in U\235\. The
uranium subject to these investigations is provided for under
subheadings 2612.10.00.00, 2844.10.10.00, 2844.10.20.10, 2844.10.20.25,
2844.10.20.55, 2844.10.50.00, 2844.20.00.10, 2844.20.00.20,
2844.20.00.30, and 2844.20.00.50, of the Harmonized Tariff Schedule
(``HTS''). Although the HTS subheadings are provided for convenience
and customs purposes, our written description of the scope of this
proceeding is dispositive.
Period of Investigation
The period of investigation (``POI'') is June 1 through November
30, 1991.
Resumption of Investigation
Because Kazakhstan terminated the Suspension Agreement, there no
longer exists a Suspension Agreement under section 734(l) of the Act
which ``prevent(s) the suppression or undercutting of price levels of
domestic products by imports of the merchandise under investigation.''
Therefore, in
[[Page 2879]]
accordance with section 734(l)(2) of the Act, the Department must
resort to section 734(i)(1)(B), which directs us to resume the
Investigation as if our preliminary determination had been issued on
January 11, 1999. In accordance with section 735(a) of the Act, the
Department will issue a final determination within 75 days of January
11, 1999, unless Kazakhstan requests an extension of time under 19 CFR
353.20(b).
Since Kazakhstan may not have had a full opportunity to respond to
the original antidumping duty questionnaire, in making its final
determination in the Investigation, the Department shall issue a
supplemental questionnaire for the original POI.
International Trade Commission
In accordance with section 733(f) of the Act, the Department has
notified the International Trade Commission (``ITC'') of the
termination of the Suspension Agreement and resumption of the
Investigation. If the Department's final determination is affirmative,
the ITC will determine whether these imports are materially injuring,
or threatening material injury to, the United States uranium industry.
The ITC shall make this determination before the latter of: (1) 120
days after the effective date of this notice; or, (2) 45 days after
publication of the Department's final determination.
Termination of Administrative Review
On October 30, 1998, the Ad Hoc Committee of Domestic Uranium
Producers, one of the Petitioners, requested that the Department
conduct an administrative review of the Suspension Agreement for the
period October 1, 1997 to September 30, 1998. On December 23, 1998, the
Department initiated an administrative review of the Suspension
Agreement for the requested period. Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 63 FR 71091 (December 23,
1998). Because the underlying Suspension Agreement is terminated, the
administrative review is being terminated as well.
Denial of Request for Hearing
On October 21, 1998, USEC, an interested party to the proceeding,
requested that the Department conduct a hearing related to the issues
raised in the administration of the Suspension Agreement for the period
October 1, 1997 to September 29, 1998. USEC was joined in its request
by Petitioners. Kazakhstan also expressed its interest in participating
if a hearing was held on said issues. Because the underlying Suspension
Agreement is terminated, the Department will not hold the requested
hearing.
Verification
As provided for in section 776(b) of the Act, the Department will
verify all the non-BIA (best information available) material used in
reaching its final determination.
Suspension of Liquidation
In accordance with Sec. 734(i)(1)(A) of the Act, the Department is
not aware of any sale within the last 90 days that was in violation of
the Suspension Agreement or did not meet the requirements of the
Suspension Agreement. Therefore, the Department is instructing the
United States Customs Service (``U.S. Customs'') to suspend liquidation
of all unliquidated entries of uranium, as defined in the Scope of the
Investigation section of this notice, that are entered or withdrawn
from warehouse for consumption on or after the effective date of the
termination of the Suspension Agreement, which is January 11, 1999.
U.S. Customs shall require a cash deposit or bond equal to 115.82
percent ad valorem (the original preliminary determination duty rate),
the estimated weighted-average amount by which the foreign market value
of the subject merchandise exceeds the United States price, for all
manufacturers, producers, and exporters of uranium from Kazakhstan.
These suspension of liquidation instructions will remain in effect
until further notice.
APO Access
Any party wishing to access business proprietary information in the
resumed Investigation must apply for APO access, regardless of whether
such APO access was previously granted in the original Investigation or
Suspension Agreement.
Public Comment
In accordance with 19 CFR 353.38, the Department will hold a public
hearing, if requested, to afford interested parties an opportunity to
comment on the preliminary determination on March 12, 1999, at 10 a.m.
at the United States Department of Commerce, 14th Street and
Constitution Avenue, N.W., Washington, DC 20230. Individuals who wish
to request a hearing must submit such a request within ten days of the
publication of this notice in the Federal Register to the Assistant
Secretary for Import Administration, United States Department of
Commerce, Room 1870, 14th Street and Constitution Avenue, NW,
Washington, DC 20230. Parties should confirm by telephone the time,
date, and place of the hearing 48 hours before the scheduled time.
Requests should contain: (1) The party's name, address and
telephone number; (2) the number of participants; (3) the reason for
attending; and (4) a list of the issues to be discussed. In addition,
ten copies of the business proprietary version and five copies of the
nonproprietary version of the case briefs must be submitted to the
Assistant Secretary no later than March 1, 1999. Ten copies of the
business proprietary version and five copies of the nonproprietary
version of the rebuttal briefs must be submitted to the Assistant
Secretary no later than March 8, 1999. An interested party may make an
affirmative presentation only on arguments raised in that party's case
or rebuttal briefs. Written arguments should be submitted in accordance
with Sec. 353.38 of the Department's regulations and will be considered
if received within the time limits specified above.
This determination is issued and published in accordance with
section 733(f) of the Act (19 U.S.C. 1673b(f)) and 19 CFR 353.15.
Dated: January 11, 1999.
Robert S. LaRussa,
Assistant Secretary Import Administration.
[FR Doc. 99-1117 Filed 1-15-99; 8:45 am]
BILLING CODE 3510-DS-P