Federal Register, Volume 64 Issue 58 (Friday, March 26, 1999)

[Federal Register Volume 64, Number 58 (Friday, March 26, 1999)]
[Notices]
[Pages 14697-14702]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-7373]

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DEPARTMENT OF COMMERCE

International Trade Administration

Procedures for Delivery of HEU Natural Uranium Component in the
United States

AGENCY: Import Administration, International Trade Administration, U.S.
Department of Commerce.

ACTION: Notice of draft revision of the procedures for delivery of HEU
natural uranium component in the United States, and request for
comments.

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SUMMARY: The Department of Commerce is announcing draft revised
procedures for the delivery of HEU material pursuant to the USEC
Privatization Act.

EFFECTIVE DATE: March 26, 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, NW, Washington, DC 20230; telephone: 202-
482-3793.

Background

On April 25, 1996 Congress passed the United States Enrichment
Corporation Privatization Act (``USEC Privatization Act''), 42 U.S.C.
2297h, et seq. The USEC Privatization Act requires the U.S. Department
of Commerce (``Department'') to administer and enforce the limitations
set forth in 42 U.S.C. 2297h-10(b)(5) of the USEC Privatization Act. On
January 7, 1998, in order to implement this statutory mandate, the
Department issued the Procedures for Delivery of HEU Natural Uranium
Component in the United States. The purpose of issuing Procedures for
Delivery of HEU Natural Uranium Component in the United States (``HEU
Procedures'') is to enhance the predictability and transparency of the
administration and enforcement of the above-referenced delivery
limitations.
On July 6, 1998 the Department provided public notification of the
HEU Procedures and Annex 1 to the HEU Procedures (see 63 FR 36391 (July
6, 1998)). On July 23, 1998 the Department issued a proposed Annex 2 to
the HEU Procedures regarding re-importation requirements and requested
public comment on Annex 2. Comments were received from eight parties.
In accordance with Section F of the HEU Procedures, on October 8,
1998, the Department requested comments on necessary or desirable
changes to the HEU Procedures from parties (see 63 FR 54108 (October 8,
1998)). The Department received comments from eight parties regarding
the HEU Procedures. After careful review of the comments, and after
consultations with various parties, the Department has determined that
revision and clarification of the HEU Procedures are warranted. Revised
HEU Procedures are set forth below.
The Department hereby invites parties to provide comment on these
draft

[[Page 14698]]

revised Procedures for delivery of HEU Natural Uranium Component in the
United States, as set forth below. All such comments must be submitted
to the Department no later than ten days after the date of publication
of this notice. Comments should be addressed and submitted to: Import
Administration, Central Records Unit, Room 1870, U.S. Department of
Commerce, 14th Street and Constitution Avenue, N.W., Washington, DC
20230, Attention: Roland L. MacDonald--Room 7866.
The Department intends to issue final revised Procedures for
delivery of HEU Natural Uranium Component in the United States no later
than 20 days after the date of publication of this notice.

Dated: March 18, 1999.
Robert S. LaRussa,
Assistant Secretary, Enforcement Group III.

Draft Revised Procedures for Delivery of HEU Natural Uranium
Component in the United States

The United States Enrichment Corporation Privatization Legislation,
42 U.S.C. Sec. 2297h, et seq. (``USEC Privatization Act''), directs the
Secretary of Commerce to administer and enforce Russian origin uranium
delivery limitations set forth in 42 U.S.C. Sec. 2297h-10(b)(5).
Accordingly, the U.S. Department of Commerce (``Department'') is
implementing Sec. 2297h-10 of the USEC Privatization Act by issuing
these revised HEU Procedures. The authority to implement the HEU
Procedures does not derive from the Tariff Act of 1930, as amended.
Therefore, these revised HEU Procedures are not subject to the
Agreement Suspending the Antidumping Investigation on Uranium from the
Russian Federation (``Russian Suspension Agreement''), 57 FR 79235
(October 30, 1992), as amended.

A. Coverage

The uranium covered by these revised HEU Procedures consists of
uranium hexafluoride derived from HEU taken from dismantled nuclear
warheads, deemed under United States law for all purposes to be of
Russian origin, and delivered to the Russian Executive Agent pursuant
to the USEC Privatization Act (``HEU Natural Uranium Component'').

B. Definitions

1. Account Administrator--means the party that administers the
account into which the Russian Executive Agent or Designated Agent
takes delivery of, and provides account balance information for, the
HEU Natural Uranium Component prior to its sale pursuant to the USEC
Privatization Act.
2. Annual Maximum Deliveries--means the delivery limitations as set
forth at 42 U.S.C. Sec. 2297h-10(b)(5):

Annual Maximum Deliveries to End-Users for Consumption
------------------------------------------------------------------------
(Millions
Year lbs. U3O8
equivalent)
------------------------------------------------------------------------
1998....................................................... 2
1999....................................................... 4
2000....................................................... 6
2001....................................................... 8
2002....................................................... 10
2003....................................................... 12
2004....................................................... 14
2005....................................................... 16
2006....................................................... 17
2007....................................................... 18
2008....................................................... 19
2009....................................................... 20
------------------------------------------------------------------------

3. Consumption--means for use as nuclear fuel.
4. Designated Agent--means any party that has been authorized by
the Ministry of Atomic Energy of the Russian Federation (``MINATOM'')
to sell the HEU Natural Uranium Component.
5. Designated Agent's Account--means the account held in the name
of the Designated Agent, into which only the HEU Natural Uranium
Component is delivered prior to its transfer pursuant to the USEC
Privatization Act.
6. End-User--means a utility that consumes the HEU Natural Uranium
Component for energy production.
7. Executive Agent--means the United States or Russian Federation
executive agent with the authority to implement the Agreement Between
the Government of the United States of America and the Government of
the Russian Federation Concerning the Disposition of Highly Enriched
Uranium Extracted from Nuclear Weapons, dated February 19, 1993.
8. Secretary--means the Secretary of Commerce or a designee. The
Secretary has responsibility for the administration and enforcement of
the limitations set forth in 42 U.S.C. 2297h-10(b)(5).
9. U3O8 to UF6 Conversion--based
on a tails assay of 0.30 U²³⁵, 1 KgU in UF6 =
2.61283 lbs. U3O8.
10. Verification--The process by which the Department examines the
records of the party that provided the information being examined, and
interviews company personnel who prepared such information and who are
familiar with the sources of the data in the information, in order to
establish the adequacy and accuracy of submitted information.

C. Record Procedures and Commercial Confidentiality

1. Public Record and Access
a. HEU Record: A separate record for documents and information
generated under the HEU Procedures shall be created under the
identifying title ``HEU File'' and maintained in the Central Records
Unit.
b. Central Records Unit: Import Administration's Central Records
Unit is located at B-099, U.S. Department of Commerce, Pennsylvania
Avenue and 14th Street, N.W., Washington, DC 20230. The office hours of
the Central Records Unit are between 8:30 A.M. and 5:00 P.M. on
business days.
c. The Central Records Unit is responsible for maintaining a public
and an official record for the HEU File. The public record will consist
of all material contained in the official record that the Secretary
determines is subject to release under the Freedom of Information Act
(``FOIA''), 5 U.S.C. 552, et seq. (1998), and disclosed to the general
public in the Central Records Unit. The Secretary will charge an
appropriate fee for providing copies of documents. The official record
will contain information for which the submitter has claimed an
exemption to release under FOIA. Such record will be accessible only to
authorized Commerce Department employees.
d. FOIA Release and Treatment of Commercial Information: Documents
submitted to the Department are fully releasable under FOIA, unless a
party claims protection from release under a listed exemption. A party
making a submission may not claim its own identity as protected from
release under FOIA. In order to claim protection from release, a party
must specify the appropriate exemption applicable to the information
which the party seeks to protect from release, and bracket such
information. See Sec. 4.7 of the Department's FOIA regulations, set
forth in 15 C.F.R. Part 4 (1998). If the information in the submission
is protected from release under an exemption to FOIA, the party
submitting such documentation is to provide a releasable public version
along with the non-releasable version. Further information on FOIA may
be accessed at http://www.usdoj.gov/foia .
e. Internet Access to Quarterly Quota Usage: The Department will
set up and update quarterly a web-page which will allow the public to
access updates on the Annual Maximum Deliveries quota usage. This
information will be accessible at http://www.ita.doc.gov .
f. Interim Record: The Department will create the public record of
the HEU

[[Page 14699]]

File within 90 days from publication of the final revised HEU
Procedures. During this time the Department will allow parties that
have already submitted information to the Department, pursuant to the
January 7, 1998 HEU Procedures, the opportunity to claim documents are
exempt from release under FOIA and to create releasable versions of
said documents. The Department will also transfer any documentation
relating to the HEU Procedures from the record for the Russian
Suspension Agreement (A-821-802) to the HEU File, or will return such
documentation to the submitter, as appropriate.
2. Record Submission Instructions
a. Where to file: For the Department to consider a submission to
the record, persons must address and submit all documents to: The
Secretary of Commerce, Attention: Import Administration, Central
Records Unit, Room 1870, U.S. Department of Commerce, 14th Street and
Constitution Avenue, N.W., Washington, DC 20230. Submissions may be
made between 8:30 AM and 5:00 PM on business days. Courtesy copies
addressed to the appropriate employee, and designating the employee's
room number, may be delivered to Room 1874. Contract submitters are
requested to notify the Department at 202-482-3793 when a contract has
been submitted for approval.
b. Required Header Information: Any submission made to the HEU File
must contain the following information in the upper right hand corner
of the document in the order presented below:

HEU File
Number of Pages
Public Document, or,
Business Proprietary Document (Public or Proprietary Version)
Attn: Uranium Program, Room 7866

c. Number of Copies: Each submission to the Department must be
accompanied by three copies of the submission. Where claim of exemption
from release under FOIA is made, two public and three proprietary
versions should be submitted to the Department. Upon receipt, the
Central Records Unit will stamp the official date of filing on the
submission.

D. Allocation of Annual Maximum Deliveries to End-Users

The Department recognizes that MINATOM may allocate the Annual
Maximum Deliveries of HEU Natural Uranium Component among any
Designated Agent(s) which it authorizes to sell the HEU Natural Uranium
Component. For each Designated Agent receiving a delivery allocation,
MINATOM will issue a certificate identifying such Designated Agent, the
duration of time for which the allocation is valid, and the maximum
annual amount to be delivered under that certificate. The
certificate(s) will also contain a statement that the material to be
delivered to the Designated Agent is to be sold in the United States
for consumption. MINATOM will provide a copy of all such certificates
to the Department within 10 days of issuance. The cumulative amount of
the maximum deliveries authorized by such certificates each year may
not exceed the Annual Maximum Deliveries.

E. Contract Monitoring and Approval

1. All Designated Agents must submit for approval all contracts
related to the sale of the HEU Natural Uranium Component in the United
States, regardless of the point of delivery. The following five items
are required for contract approval:
a. A certificate as provided for in Section D confirming that the
Designated Agent has been allowed sufficient amounts for deliveries by
MINATOM to fulfill its obligations under the submitted contract;
b. A schedule of deliveries indicating the date(s) of deliveries,
amount, and site of each delivery. The Department will compare this
information to the sum of the previously approved contracts to ensure
that the Designated Agent delivery allocation and/or the Annual Maximum
Deliveries are not exceeded;
c. A statement in the contract that the material to be sold is of
Russian origin;
d. A statement in the contract that the sale is for delivery to an
End-User for consumption; and,
e. A certification from the Designated Agent that the deliveries
pursuant to the contract submitted for approval, when combined with
deliveries pursuant to other approved contracts entered into by that
Designated Agent, do not (and will not) exceed that Designated Agent's
delivery allocation for any given annual period. See Section E.2.a.,
below. In addition, each Designated Agent shall certify to the
Department that such Designated Agent's sales of HEU Natural Uranium
Component are for consumption and do not circumvent, directly or
indirectly, the limitations set forth in 42 U.S.C. 2297h-10(b) of the
USEC Privatization Act and the revised Procedures set forth in this
document. See Section E.2.b., below.
2. Required Language for Contract Approval Certifications.
a. (DESIGNATED AGENT) certifies that the total annual deliveries
under the contract between (SELLER) and (PURCHASER), contract number
(INSERT #), and executed on (INSERT DATE), when added to annual
delivery quantities of other contracts approved in accordance with the
HEU Procedures for Delivery of HEU Natural Uranium Component in the
United States, as revised, will not exceed the maximum annual delivery
quantity allocated to (DESIGNATED AGENT) by (MINATOM) for any given
year, or the annual maximum delivery quantity(ies) established in 42
U.S.C. Sec. 2297h-10(b)(5) of the USEC Privatization Act for the
approved year(s) in which deliveries under this contract are to be
made.
b. (DESIGNATED AGENT) further certifies that the sale of the HEU
Natural Uranium Component is for consumption and does not circumvent,
directly or indirectly, the limitations set forth in 42 U.S.C.
Sec. 2297h-10(b)(5) of the USEC Privatization Act or the Procedures for
Delivery of HEU Natural Uranium Component in the United States, as
revised.
3. Approval Notification.
The Department will notify the submitter of the contract in writing
whether the contract has been approved within 10 business days of
complete contract submission to the Central Records Unit. In the
unlikely event that the Department fails to notify the submitter of the
contract of approval or denial within 10 business days, the contract
will be deemed approved. If an approved contract is subsequently
terminated as a result of force majeure, as defined in the relevant
contract, the Department will allow the affected Designated Agent to
replace current and future year deliveries pursuant to such contract
with a newly executed contract, subject to the approval process
outlined above, provided that the Designated Agent's delivery
allocation and the Annual Maximum Deliveries are not exceeded.

F. Re-allocation

1. Annual deliveries allocated to a Designated Agent may be re-
allocated to any other Designated Agent or to MINATOM within the same
annual period subject to the Annual Maximum Deliveries under the
following conditions:
a. The new contract is submitted to the Department no later than
December 21 of the year in which the delivery is to be made;
b. MINATOM provides the Department with a copy of the amended and/
or terminated certificate(s) from

[[Page 14700]]

which delivery allocation is to be withdrawn and a copy of the new
certificate(s) re-allocating such deliveries; and,
c. All new contracts entered into as a result of re-allocation must
be approved under Section E of these HEU Procedures.
2. If, in any given annual period, a Designated Agent delivers less
than the maximum amount deliverable under the approved contract(s),
such Designated Agent may re-direct the difference between its actual
deliveries during that year and the maximum deliverable amount approved
for that same year by entering into a new contract(s), provided that
the Designated Agent's total annual deliveries under all contracts do
not exceed that Designated Agent's delivery allocation or the Annual
Maximum Deliveries and provided that the following four conditions are
met:
a. The Department is notified of the Designated Agent's intention
to re-direct deliveries no later than December 21 of the applicable
annual period;
b. All re-directed deliveries are to be delivered in that same
year;
c. All new contracts entered into by Designated Agents resulting
from re-direction of deliveries must be approved under Section E of
these HEU Procedures; and,
d. The Designated Agent provides the Department with a copy of the
End-User's binding delivery notice.

G. Delivery Forfeit and Flexibility

On December 31 of each year, any portion of the Annual Maximum
Deliveries not delivered in that year will be forfeited. In the
unlikely event that there are transfer or transportation difficulties
beyond the control of the Designated Agent, the Department may provide
for a 30 day grace period to complete the delivery. The Department must
be notified in writing of a request for a 30 day grace period,
detailing the reasons for the delivery delay.

H. Swaps, Exchanges, Loans, or Resales of Material

1. Swaps, Exchanges or Loans: Swaps, exchanges or loans of HEU
Natural Uranium Component may be conducted solely for the purpose of
facilitating further processing and end-use as nuclear fuel.
Notification of such permitted swaps, exchanges or loans is required to
be provided to the Department at the time of the transactions. The
Department is attaching the notification format as Attachment 1.
Examples of such permitted swaps are swaps designed to avoid
transportation costs. The Department considers swaps, exchanges or
loans that will result in sales for consumption in the United States,
directly or indirectly, exceeding the Annual Maximum Deliveries to be
circumvention. Swaps, exchanges or loans are subject to verification by
the Department at any time and at its discretion.
2. Resale: The Department will permit End-Users to resell the HEU
Natural Uranium Component. If the HEU Natural Uranium Component is
resold to an entity outside the United States, the End-User making the
resale must notify the Department of the date of the resale and the
volume to be resold. If the HEU Natural Uranium Component is to be
resold to an entity in the United States, the contract for the resale
is presented to the Department for approval. The contract must indicate
the date of delivery, amount, and site of delivery. The contract must
also contain a statement that the material to be sold is of Russian
origin. If the HEU Natural Uranium Component is resold to any party
other than an End-User, the material must be held in a separate account
and quarterly reports on the account balance similar to those attached
at Attachments 2 and 3, are required from the purchaser of the resold
material. The Department will notify the End-User making the resale
whether the contract has been approved within 10 business days of
complete contract submission to the Central Records Unit. Resales are
also subject to verification by the Department at any time and at its
discretion.

I. Quarterly Reports

1. Designated Agents
Designated Agents must submit quarterly reports to the HEU File
that detail all activity relating to the movement of HEU Natural
Uranium Component into and out of their respective accounts. These
reports must be submitted on May 1, August 1, November 1, and February
1 of each year for the quarters ending March 31, June 30, September 30,
and December 31. The Designated Agent must also provide a public
summary of the report that details the movement of material in the
aggregate. The Department is attaching a sample quarterly report form
as Attachment 2. Designated Agents must also submit the following
certification with the quarterly reports:
a. (DESIGNATED AGENT) certifies that it holds an HEU Natural
Uranium Component account(s) at (STATE NAME OF ENTITY(IES)), and that
all HEU Natural Uranium Component transferred from or into this (these)
account(s) during calendar quarter (INDICATE DATES) has been
transferred for any of the following reasons: (1) for use under an
approved matched sale under 42 U.S.C. 2297h-10(b)(6) of the USEC
Privatization Act and Article IV of the Agreement Suspending the
Antidumping Investigation on Uranium from the Russian Federation, as
amended; (2) for use in overfeeding in U.S. enrichment facilities
pursuant to 42 U.S.C. 2297h-10(b)(7); (3) for delivery to a United
States End-User for consumption, within the Annual Maximum Deliveries
set forth in 42 U.S.C. 2297h-10(b)(5) ¹; (4) for export out
of the United States; or (5) for further processing on behalf of (NAME
OF ENTITY).
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\1\ Material which is exported to a non-United States entity may
not re-enter the United States for consumption, either directly or
indirectly, except when in compliance with these revised Procedures.
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b. (DESIGNATED AGENT) further certifies that none of the HEU
Natural Uranium Component transferred from or into this (these)
account(s) during the calendar quarter (INDICATE DATES) has been
loaned, swapped, exchanged or used in any arrangement that directly or
indirectly circumvents the limitations set forth in 42 U.S.C. 2297h-
10(b)(5) of the USEC Privatization Act, the Agreement Suspending the
Antidumping Investigation on Uranium from the Russian Federation, as
amended, or the Procedures for Delivery of HEU Natural Uranium
Component in the United States, as revised.
2. Account Administrators
Account Administrators must submit quarterly reports regarding the
account holding the HEU Natural Uranium Component. These reports must
be submitted on May 1, August 1, November 1, and February 1 of each
year for the quarters ending March 31, June 30, September 30, and
December 31. The Department is attaching a sample Account Administrator
form as Attachment 3.

J. Importer Certifications

The importer of record must certify the following to the United
States Customs Service and provide a copy of such certification to the
Department:

(IMPORTER NAME) hereby certifies that the material being
imported was not obtained under any arrangement, swap, exchange, or
other transaction designed to circumvent any of the agreements
suspending the antidumping investigations on uranium, as amended,
any antidumping duty order(s) on uranium, or the delivery
limitations set forth in 42 U.S.C. 2297h-10(b)(5) of the USEC
Privatization Act, 42 U.S.C. 2297h, et seq., and the Procedures for
Delivery of HEU

[[Page 14701]]

Natural Uranium Component in the United States, as revised.

K. Verification

The Department reserves the right to verify any information
submitted to the Department related to deliveries authorized under the
USEC Privatization Act and to restrict future deliveries from any
account in which the reported activity is found to be in violation of
these revised Procedures and/or the Annual Maximum Deliveries if such
violations are not rectified to the satisfaction of the Department and
MINATOM.

L. Consultations

Upon request, MINATOM and the Department will hold consultations
subsequent to the filing of the quarterly reports due February 1 of
each year for the purpose of exchanging/reviewing all data pertaining
to deliveries of HEU Natural Uranium Component under these revised
Procedures during the previous year. Consultations may be held as
necessary at other times.

M. Re-importation

The Department has simplified the procedure for allowing the re-
importation of HEU Natural Uranium Component previously sold to an End-
User that has been exported from the United States for further
processing and subsequent re-importation into the United States. The
End-User or its agent, i.e. the importer of record, must submit a
notification letter and certifications, attached as Attachment 4.

N. Enforcement

If the Department finds that a Designated Agent has directly or
indirectly exceeded its delivery allocation and/or the Annual Maximum
Deliveries, the Department will require the Account Administrator or
the appropriate entity to withhold any further release of HEU Natural
Uranium Component from the Designated Agent's Account, until the issue
has been satisfactorily resolved among the Department, MINATOM, and the
relevant Designated Agent.
Pursuant to its authority under 42 U.S.C. 2297h-10(b)(9) of the
USEC Privatization Act, the Department reserves the right to require
any additional certifications, information, or take any other action
necessary to enforce the Annual Maximum Deliveries provided for
therein.

Attachment 1--Swaps, Exchanges and Loans Notification Format

1. List the volume and origin of the material being swapped.
2. Indicate the location of the swap, exchange, and/or loan.
3. List the parties involved in the swap, exchange, and/or loan.
4. Indicate the purpose of the swap, exchange and/or loan.
Indicate whether there was any financial or other consideration
involved with the swap, exchange and/or loan.

Attachment 2--Designated Agent Quarterly Report Form

Quarterly Delivery Report for (INSERT DATES AND DESIGNATED AGENT)
HEU Natural Uranium Component

Beginning Balance (in U3O8 equivalent):
____________________

--------------------------------------------------------------------------------------------------------------------------------------------------------
Quantity (in UF6 and Transaction
Transaction date Delivered from Delivered to U3O8 equivalent) description Comments
--------------------------------------------------------------------------------------------------------------------------------------------------------

--------------------------------------------------------------------------------------------------------------------------------------------------------

Ending Balance (in U3O8
equivalent):____________________
(DESIGNATED AGENT) certifies that it holds an HEU Natural
Uranium Component account at (STATE NAME OF ENTITY(IES)) and that
all HEU Natural Uranium Component transferred from or into this
(these) account(s) during calendar quarter (INDICATE DATES) has been
transferred for any of the following reasons: (1) for use under an
approved matched sale under 42 U.S.C. 2297h-10(b) of the USEC
Privatization Act and Article IV of the Agreement Suspending the
Antidumping Investigation on Uranium from the Russian Federation, as
amended; (2) for use in overfeeding in U.S. enrichment facilities
pursuant to 42 U.S.C. 2297h-10(b)(7); (3) for delivery to a United
States End-User for consumption, within the Annual Maximum
Deliveries set forth in the USEC Privatization Act, at 42 U.S.C.
2297h-10(b)(5); (4) for export out of the United States; or (5) for
further processing on behalf of (NAME OF ENTITY).
(DESIGNATED AGENT) further certifies that none of the HEU
Natural Uranium Component transferred from or into the account(s)
during the calendar quarter (INDICATE DATES) has been loaned,
swapped, exchanged or used in any arrangement that directly or
indirectly circumvents the limitations set forth in 42 U.S.C. 2297h-
10(b)(5) of the USEC Privatization Act, the Agreement Suspending the
Antidumping Investigation on Uranium from the Russian Federation, as
amended, or the Procedures for Delivery of HEU Natural Uranium
Component in the United States, as revised.

Attachment 3--Account Administrator Quarterly Report Form

Quarterly Report for (INSERT DATES AND ACCOUNT ADMINISTRATOR) HEU
Natural Uranium Component

Beginning Balance (in U3O8
equivalent):____________________

--------------------------------------------------------------------------------------------------------------------------------------------------------

Ending Balance (in U3O8 equivalent):
(ACCOUNT ADMINISTRATOR) certifies that it holds an HEU Natural
Uranium Component account(s) in the name(s) of (DESIGNATED
AGENT(S)), at (LOCATION), and that all HEU Natural Uranium Component
transferred from or into this (these) account(s) during calendar
quarter (INDICATE DATES) has been transferred for any of the
following reasons: (1) for use under an approved matched sale under
42 U.S.C. 2297h-10(b)(6) and Article IV of the Agreement Suspending
the Antidumping Investigation on Uranium from the Russian
Federation, as amended; (2) for use in overfeeding in U.S.
enrichment facilities pursuant to 42 U.S.C. 2297h-10(b)(7); (3) for
delivery to a United States End-User for consumption, within the
delivery limits of the USEC Privatization Act, at 42 U.S.C. 2297h-
10(b)(5) ; (4) for export out of the United States; or (5) for
further processing on behalf of (NAME OF ENTITY).
(ACCOUNT ADMINISTRATOR) further certifies that none of the HEU
Natural Uranium Component transferred from or into this (these)
account(s) during calendar

[[Page 14702]]

quarter (INDICATE DATES) has been loaned, swapped, exchanged or used
in any arrangement that directly or indirectly circumvents the
limitations set forth in the USEC Privatization Act, at 42 U.S.C.
2297h-10(b), the Agreement Suspending the Antidumping Investigation
on Uranium from the Russian Federation, as amended, or the
Procedures for Delivery of HEU Natural Uranium Component in the
United States, as revised.

Attachment 4 (Page One)--Re-importation Notification Form and
Certifications

TOPIC: Re-importation of Uranium under 42 U.S.C. 2297h-10(b)(5)
of the USEC Privatization Act.
Pursuant to Section M of the Procedures for Delivery of HEU
Natural Uranium Component in the United States, as revised, (``HEU
Procedures''), we hereby submit information describing the re-
importation of Russian origin uranium subject to the delivery
limitations set forth in the USEC Privatization Act, at 42 U.S.C.
2297h-10(b)(5), and in association with the contract between (NAME
OF COMPANY A) and (NAME OF COMPANY B) approved by the U.S.
Department of Commerce (``Department''), either by letter dated
(DATE) or deemed approved at the end of the ten business day
approval period referenced in Section E.3 of the HEU Procedures:

1. Quantity of Export (U3O8 equivalent) out of
U.S.:
2. Date of Export out of U.S. (if available):
3. (NUMBER) lbs. of U3O8 equivalent contained
in (NUMBER) KgU with enrichment assay (NUMBER) wt % and tails assay
(NUMBER) wt %:
4. Port of Re-Import:
5. Importer of Record:
6. Planned Date of Re-Import:
7. End User:
8. Vessel/Airline Name:
9. Amount of export listed in 1. and 2. that has been re-imported as
of date (including current re-import):

Also, please find attached the importer of record declaration
regarding country of origin, anti-circumvention and qualification of
this material under 42 U.S.C. 2297h-10(b) of the USEC Privatization
Act. Further, we understand that, under 42 U.S.C. 2297h-10(b)(9) of
the USEC Privatization Act, the Department has the authority to
require additional information, if appropriate. We also agree to
verification of this information if requested.

Attachment 4 (Page Two)--Re-importation Notification Form and
Certifications

Certifications To U.S. Customs Service

1. (END-USER or IMPORTER OF RECORD) hereby certifies that the
HEU Natural Uranium Component of the uranium being re-imported into
the United States is derived from Russian highly enriched uranium
pursuant to the Agreement Between the Government of the United
States of America and the Government of the Russian Federation
Concerning the Disposition of Highly Enriched Uranium Extracted from
Nuclear Weapons. The uranium being re-imported was converted in
(INSERT COUNTRY), enriched in (INSERT COUNTRY) and/or fabricated in
(INSERT COUNTRY).
2. (END-USER or IMPORTER OF RECORD) hereby certifies that the
material being re-imported was not obtained under any arrangement,
swap, exchange, or other transaction designed to circumvent any of
the agreements suspending the antidumping investigations on uranium,
as amended, any antidumping duty order(s), or the delivery
limitations set forth in 42 U.S.C. 2297h-10(b) of the USEC
Privatization Act, 42 U.S.C. 2297h, et seq., and the Procedures for
Delivery of HEU Natural Uranium Component in the United States, as
revised.
(END-USER or IMPORTER OF RECORD) hereby certifies that the
uranium being re-imported into the United States is approved for
United States end-use under 42 U.S.C. 2297h-10(b) of the USEC
Privatization Act, 42 U.S.C. 2297h, et seq., under contract between
(COMPANY) and (COMPANY) approved by the U.S. Department of Commerce,
either by letter dated (DATE) with contract reference number
(CONTRACT REFERENCE NUMBER) or deemed approved at the end of the ten
business day approval period referenced in Section E.3 of the HEU
Procedures. The material being re-imported represents (NUMBER) lbs.
U3O8 equivalent of (NUMBER) lbs.
U3O8 equivalent exported for further
processing on (DATE). Including this shipment, (NUMBER) lbs.
U3O8 equivalent of the material exported for
further processing has been re-imported.

Signature
Name:
Title:

[FR Doc. 99-7373 Filed 3-25-99; 8:45 am]
BILLING CODE 3510-DS-P