82 FR 26776 - Uranium From the Russian Federation; Final Results of the Expedited Fourth Sunset Review of the Suspension Agreement

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 82, Issue 110 (June 9, 2017)

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.

[Federal Register Volume 82, Number 110 (Friday, June 9, 2017)]
[Notices]
[Pages 26776-26777]
From the Federal Register Online  [www.thefederalregister.org]
[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