82 FR 45810 - Uranium From the Russian Federation: Continuation of Suspension of Antidumping Investigation

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 82, Issue 189 (October 2, 2017)

As a result of determinations by the Department of Commerce (Department) that termination of the Agreement Suspending the Antidumping Investigation on Uranium from the Russian Federation, as amended (the Agreement), and the suspended investigation on uranium from the Russian Federation (Russia) would likely lead to a continuation or recurrence of dumping, and by the International Trade Commission (ITC) that termination of the suspended investigation would likely lead to material injury to an industry in the United States, the Department is publishing this notice of continuation of the Agreement on uranium from Russia.

[Federal Register Volume 82, Number 189 (Monday, October 2, 2017)]
[Notices]
[Pages 45810-45811]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-21211]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-821-802]


Uranium From the Russian Federation: Continuation of Suspension 
of Antidumping Investigation

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: As a result of determinations by the Department of Commerce 
(Department) that termination of the Agreement Suspending the 
Antidumping Investigation on Uranium from the Russian Federation, as 
amended (the Agreement), and the suspended investigation on uranium 
from the Russian Federation (Russia) would likely lead to a 
continuation or recurrence of dumping, and by the International Trade 
Commission (ITC) that termination of the suspended investigation would 
likely lead to material injury to an industry in the United States, the 
Department is publishing this notice of continuation of the Agreement 
on uranium from Russia.

DATES: Applicable October 2, 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 Agreement, pursuant to 
section 751(c) of the Tariff Act of 1930, as amended (the Act).\1\ On 
the basis of the notice of intent to participate and adequate 
substantive responses filed by domestic interested parties and the lack 
of response from any respondent interested party, the Department 
conducted an expedited sunset review of the Agreement pursuant to 
section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C). As a 
result of its review, pursuant to sections 751(c) and 752 of the Act, 
the Department determined that termination of the Agreement and the 
suspended investigation on uranium from the Russian Federation would 
likely lead to a continuation or recurrence of dumping and, therefore, 
notified the ITC of the magnitude of the margin likely to prevail 
should the Agreement be terminated.\2\
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    \1\ See Initiation of Five-year (Sunset) Reviews, 76 FR 38613 
(July 1, 2011).
    \2\ See Uranium From the Russian Federation; Final Results of 
the Expedited Fourth Sunset Review of the Suspension Agreement, 82 
FR 26776 (June 9, 2017).
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    On September 26, 2017, pursuant to section 751(c) of the Act, the 
ITC published its determination that termination of the suspended 
investigation on uranium from the Russian Federation would be likely to 
lead to continuation or recurrence of material injury to an industry in 
the United States within a reasonably foreseeable time.\3\
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    \3\ See Uranium from Russia; Determination, Investigation No. 
731-TA-539-C (Fourth Review), 82 FR 44842 (September 26, 2017); see 
also ITC Publication, Uranium from Russia (Investigation No. 731-TA-
539-C (Fourth Review), USITC Publication 4727, September 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.\4\
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    \4\ 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 on 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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[[Page 45811]]

    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 subheadings are provided for 
convenience and Customs purposes. The written description of the scope 
of this proceeding is dispositive.

Continuation of Suspension of Investigation

    As a result of the determinations by the Department and the ITC 
that termination of the Agreement and the suspended investigation would 
be likely to lead to continuation or recurrence, respectively, of 
dumping and material injury to an industry in the United States, 
pursuant to section 751(d)(2) of the Act, the Department hereby orders 
the continuation of the Agreement. The effective date of continuation 
of the Agreement will be the date of publication in the Federal 
Register of this notice of continuation. Pursuant to Section XII of the 
2008 Amendment to the Agreement, the Department intends to terminate 
the Agreement, and the underlying antidumping investigation, on 
December 31, 2020.\5\
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    \5\ See Amendment to the Agreement Suspending the Antidumping 
Investigation on Uranium From the Russian Federation, 73 FR 7705 
(February 11, 2008).
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    This five-year (sunset) review and notice are in accordance with 
section 751(c) of the Act and published pursuant to section 777(i)(1) 
of the Act.

    Dated: September 27, 2017.
Carole Showers,
Executive Director, performing the non-exclusive duties of Deputy 
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2017-21211 Filed 9-29-17; 8:45 am]
 BILLING CODE 3510-DS-P