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)
International Trade Administration
Federal Register Volume 82, Issue 110 (June 9, 2017)
| Page Range | 26776-26777 | |
| FR Document | 2017-11987 |
[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] ----------------------------------------------------------------------- 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. --------------------------------------------------------------------------- \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. --------------------------------------------------------------------------- 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 U3 O8 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\ --------------------------------------------------------------------------- \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). --------------------------------------------------------------------------- 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. --------------------------------------------------------------------------- \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). --------------------------------------------------------------------------- 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
![26776 Federal Register / Vol. 82, No. 110 / Friday, June 9, 2017 / Notices
military aircraft to a foreign government SUMMARY: As a result of this sunset sunset review of this Suspension
may agree to offset the cost of the review, the Department of Commerce Agreement.
aircraft by providing training assistance (the Department) finds that termination
Scope of the Agreement
to plant managers in the purchasing of the Agreement Suspending the
country. Although this distorts the true Antidumping Investigation on Uranium The product covered by the
price of the aircraft, the foreign from the Russian Federation Suspension Agreement is natural
government may require this sort of (Suspension Agreement) and the uranium in the form of uranium ores
extra compensation as a condition of suspended investigation would be likely and concentrates; natural uranium metal
awarding the contract to purchase the to lead to continuation or recurrence of and natural uranium compounds;
aircraft. As described in the regulations, dumping. The magnitude of the alloys, dispersions (including cermets),
U.S. companies are required to report dumping margin likely to prevail is ceramic products, and mixtures
information on contracts for the sale of indicated in the ‘‘Final Results of containing natural uranium or natural
defense articles or defense services to Review’’ section of this notice. uranium compounds; uranium enriched
foreign countries or foreign companies DATES: Effective June 9, 2017.
in U235 and its compounds; alloys,
that are subject to offsets agreements dispersions (including cermets), ceramic
FOR FURTHER INFORMATION CONTACT: products, and mixtures containing
exceeding $5,000,000 in value. U.S. Sally C. Gannon or Jill Buckles,
companies are also required to report uranium enriched in U235 or
Enforcement and Compliance, compounds of uranium enriched in
annually information on offsets International Trade Administration,
transactions completed in performance U235; and any other forms of uranium
U.S. Department of Commerce, 1401 within the same class or kind.
of existing offsets commitments for Constitution Avenue NW., Washington,
which offsets credit of $250,000 or more Uranium ore from Russia that is
DC 20230; telephone: (202) 482–0162 or milled into U3O8 and/or converted into
has been claimed from the foreign (202) 482–6230, respectively.
representative. UF6 in another country prior to direct
SUPPLEMENTARY INFORMATION: and/or indirect importation into the
Commerce’s annual report to Congress
includes an aggregated summary of the Background United States is considered uranium
data reported by industry in accordance from Russia and is subject to the terms
On February 3, 2017, the Department of this Suspension Agreement.
with the offsets regulation and the DPA published the notice of initiation of the For purposes of this Suspension
(50 U.S.C. 4568 (2015)). As provided by fourth sunset review of the Suspension Agreement, uranium enriched in U235 or
section 723(c) of the DPA, BIS will not Agreement and suspended antidumping compounds of uranium enriched in U235
publicly disclose individual company duty investigation on uranium from the in Russia are covered by this
information it receives through offsets Russian Federation, pursuant to section Suspension Agreement, regardless of
reporting unless the company 751(c) of the Tariff Act of 1930, as their subsequent modification or
furnishing the information specifically amended (the Act).1 Pursuant to 19 CFR blending. Uranium enriched in U235 in
authorizes public disclosure. The 351.218(d)(1)(i), the Department another country prior to direct and/or
information collected is sorted and received timely and complete notices of indirect importation into the United
organized into an aggregate report of intent to participate in this sunset States is not considered uranium from
national offsets data, and therefore does reviews from Louisiana Energy Services, Russia and is not subject to the terms of
not identify company-specific LLC (LES), Power Resources, Inc. (PRI) this Suspension Agreement.3
information. and Crow Butte Resources, Inc. (Crow HEU is within the scope of the
In order to enable BIS to prepare the Butte), and Centrus Energy Corp. and underlying investigation, and HEU is
next annual offset report reflecting United States Enrichment Corporation covered by this Suspension Agreement.
calendar year 2016 data, affected U.S. (USEC) (collectively, Centrus) on For the purpose of this Suspension
companies must submit the required February 21, 2017, and from ConverDyn Agreement, HEU means uranium
information on offsets agreements and on February 24, 2017. On March 6, enriched to 20 percent or greater in the
offsets transactions from calendar year 2017, the Department received complete isotope uranium-235.
2016 to BIS no later than June 15, 2017. substantive responses from LES, PRI Imports of uranium ores and
Dated: June 6, 2017. and Crow Butte, and Centrus concentrates, natural uranium
Matthew S. Borman, (collectively, the domestic interested compounds, and all forms of enriched
Acting Assistant Secretary for Export parties) within the 30-day period uranium are currently classifiable under
Administration. specified in 19 CFR 351.218(d)(3)(i).2 the Harmonized Tariff Schedule of the
[FR Doc. 2017–11981 Filed 6–8–17; 8:45 am] The Department did not receive United States (HTSUS) subheadings:
BILLING CODE 3510–JT–P
substantive responses from any 2612.10.00, 2844.10.20, 2844.20.00,
respondent interested party. As a result, respectively. Imports of natural uranium
pursuant to section 751(c)(3)(B) of the metal and forms of natural uranium
DEPARTMENT OF COMMERCE Act and 19 CFR 351.218(e)(1)(ii)(C)(2), other than compounds are currently
the Department conducted an expedited classifiable under HTSUS subheadings:
International Trade Administration 2844.10.10 and 2844.10.50. HTSUS
1 See Initiation of Five-Year (‘‘Sunset’’) Reviews,
82 FR 9193 (February 3, 2017) (Initiation). 3 The second amendment of two amendments to
[A–821–802] 2 See ‘‘Uranium from Russia: Louisiana Energy the Suspension Agreement effective on October 3,
Services, LLC’s Substantive Response to the Notice 1996, in part included within the scope of the
mstockstill on DSK30JT082PROD with NOTICES
Uranium From the Russian Federation; of Initiation’’ from Louisiana Energy Services dated Suspension Agreement for Russian uranium which
Final Results of the Expedited Fourth March 6, 2017; ‘‘Uranium from the Russian had been enriched in a third country prior to
Sunset Review of the Suspension Federation: Substantive Response to the Notice of importation into the United States. According to the
Agreement Initiation’’ from Power Resources and Crow Butte amendment, this modification remained in effect
Resources dated March 6, 2017; ‘‘Uranium from the until October 3, 1998. See Amendments to the
Russian Federation: Substantive Response to Notice Agreement Suspending the Antidumping
AGENCY: Enforcement and Compliance, of Initiation of Five-Year Review’’ from Centrus Investigation on Uranium from the Russian
International Trade Administration, Energy Corp. and United States Enrichment Federation, 61 FR 56665, 56667 (November 4,
Department of Commerce. Corporation dated March 6, 2017. 1996).
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![Federal Register / Vol. 82, No. 110 / Friday, June 9, 2017 / Notices 26777
subheadings are provided for sections 751(c), 752(c), and 777(i)(1) of from the World Trade Organization
convenience and Customs purposes. the Act and 19 CFR 351.218. (WTO), the United States Trade
The written description of the scope of Dated: June 5, 2017. Representative subsequently directed
this proceeding is dispositive. Ronald K. Lorentzen, the Department to revise the all-others
rate for the Pasta Order to 15.45 percent
Analysis of Comments Received Acting Assistant Secretary for Enforcement
and Compliance. ad valorem.3
All issues raised in this sunset review, In 2014, the Department conducted a
including the likelihood of continuation [FR Doc. 2017–11987 Filed 6–8–17; 8:45 am]
CCR of Delverde Industrie Alimentari
or recurrence of dumping and the BILLING CODE 3510–DS–P
S.p.A. (Delverde S.p.A.) and found that
magnitude of the margin of dumping Delverde S.p.A. was not the successor-
likely to prevail if the Suspension in-interest to Delverde based on aspects
Agreement is terminated, are addressed DEPARTMENT OF COMMERCE
of the bankruptcy of Delverde, changes
in the Issues and Decision in management, changes in supplier
International Trade Administration
Memorandum.4 The Issues and Decision relationships, and changes in
Memorandum is a public document and [A–475–818]
production facilities.4 Thus, the
is on file electronically via Enforcement Department found that Delverde S.p.A.
and Compliance’s Antidumping and Certain Pasta From Italy: Notice of
Final Results of Antidumping Duty was not entitled to the exclusion from
Countervailing Duty Centralized the Pasta Order that was originally
Electronic Service System (ACCESS). Changed Circumstances Review
granted to Delverde, a defunct entity.5
ACCESS is available to registered users AGENCY: Enforcement and Compliance,
at http://access.trade.gov and is On July 29, 2016, American Italian
International Trade Administration, Pasta Company, Dakota Growers Pasta
available in the Central Records Unit, Department of Commerce.
room B8024 of the main Department of Company, and New World Pasta
SUMMARY: On March 17, 2017, the Company (the petitioners) filed a
Commerce building. In addition, a
Department of Commerce (Department) request for the Department to initiate a
complete version of the Issues and
Decision Memorandum can be accessed published the preliminary results of the CCR of Tamma to determine whether
directly on the Internet at http:// changed circumstances review (CCR) of Tamma is the successor-in-interest to
enforcement.trade.gov/frn. the antidumping duty order on certain TIAC, the company excluded from the
pasta from Italy and preliminarily Pasta Order that was previously
Final Results of Review determined that Francesco Tamma affiliated with the now defunct
Pursuant to section 752(c) of the Act, S.p.A. (Tamma) is not the successor-in- Delverde.6 On September 13, 2016, we
the Department determines that interest to Tamma Industrie Alimentary initiated a CCR with respect to Tamma.7
termination of the Suspension Capitanata S.r.l. (TIAC), the company On March 21, 2017, the Department
Agreement and suspended investigation affiliated with Delverde, S.r.l. issued the Preliminary Results of this
on uranium from the Russian Federation (Delverde), which was excluded from CCR, in which it determined that
would likely lead to continuation or the order on pasta from Italy. We Tamma is not the successor-in-interest
recurrence of dumping, and that the received comments from interested to TIAC, the company in the Delverde/
magnitude of the margin of dumping parties. Based on our analysis, for the TIAC entity, which was excluded from
likely to prevail if the suspension final results, the Department continues the Pasta Order.8
agreement is terminated would be to find that Tamma is not the successor-
115.82 percent. in-interest to TIAC. Pursuant to Court Decision and Revocation in Part:
DATES: Effective June 9, 2017. Certain Pasta from Italy, 66 FR 65889 (December
Notification Regarding Administrative 21, 2001).
Protective Order FOR FURTHER INFORMATION CONTACT: Joy 3 See Implementation of the Findings of the WTO
Zhang, Office III, AD/CVD Operations, Panel in US—Zeroing (EC): Notice of
This notice also serves as the only Enforcement and Compliance, Determinations Under Section 129 of the Uruguay
reminder to parties subject to International Trade Administration, Round Agreements Act and Revocations and Partial
administrative protective orders (APO) U.S. Department of Commerce, 1401 Revocations of Certain Antidumping Duty Orders,
of their responsibility concerning the 72 FR 25261, 25263 (May 4, 2007) (Pasta Section
Constitution Avenue NW., Washington, 129 Implementation Determination).
return or destruction of proprietary DC 20230; telephone: (202) 482–1168. 4 See Certain Pasta from Italy: Notice of
information disclosed under APO in Preliminary Results of Antidumping Duty Changed
accordance with 19 CFR 351.305. Background Circumstances Review, 79 FR 28481 (May 16, 2014);
Timely written notification of the return On July 24, 1996, the Department unchanged in Certain Pasta from Italy: Notice of
or destruction of APO materials or Final Results of Antidumping Duty Changed
published in the Federal Register the Circumstances Review, 79 FR 76339 (September 19,
conversion to judicial protective order is antidumping duty order on pasta from 2014) and accompanying Issues and Decision
hereby requested. Failure to comply Italy, which included Delverde and its Memorandum (Delverde CCR).
with the regulations and terms of an affiliate TIAC (collectively, Delverde/ 5 See Delverde CCR.
APO is a violation subject to sanction. TIAC).1 Pursuant to a decision by the 6 See Petitioners’ letter titled, ‘‘Request for 2015–
2016 Administrative Reviews of the Antidumping
Notification to Interested Parties Court of International Trade, on remand, Duty Order on Certain Pasta from Italy,’’ dated July
the Department determined that 29, 2016. This letter requests an administrative
We are issuing and publishing these Delverde/TIAC had a de minimis review and changed circumstances review of
results and notice in accordance with dumping margin and should be Tamma. On August 11, 2016, the petitioners refiled
this review request to clarify the specific company
excluded from the order on pasta from
mstockstill on DSK30JT082PROD with NOTICES
4 See Memorandum from Sally C. Gannon, names requested for review.
Director for Bilateral Agreements, to Ronald K.
Italy.2 In accordance with a decision 7 See Certain Pasta from Italy: Initiation of
Lorentzen, Acting Assistant Secretary for Changed Circumstances Review, 81 FR 62864
1 See Notice of Antidumping Duty Order and (September 13, 2016) (Initiation Notice).
Enforcement and Compliance, ‘‘Issues and Decision
Memorandum for the Fourth Sunset Review of the Amended Final Determination of Sales at Less 8 See Certain Pasta from Italy: Notice of
Agreement Suspending the Antidumping Than Fair Value: Certain Pasta from Italy, 61 FR Preliminary Results of Antidumping Duty Changed
Investigation on Uranium from the Russian 38547 (July 24, 1996) (Pasta Order). Circumstances Review, 82 FR 14501 (March 21,
Federation; Final Results,’’ (June 5, 2017) (Issues 2 See Notice of Amendment of Final 2017) (Preliminary Results) and the accompanying
and Decision Memorandum). Determination of Sales at Less Than Fair Value Preliminary Decision Memorandum.
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Document Created: 2017-06-09 01:11:57
Document Modified: 2017-06-09 01:11:57
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Dates | Effective June 9, 2017. | |
| 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. | |
| FR Citation | 82 FR 26776 |
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