82_FR_8971 82 FR 8951 - Uranium From Russia; Institution of a Five-Year Review

82 FR 8951 - Uranium From Russia; Institution of a Five-Year Review

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 82, Issue 20 (February 1, 2017)

Page Range8951-8953
FR Document2017-01995

The Commission hereby gives notice that it has instituted a review pursuant to the Tariff Act of 1930 (``the Act''), as amended, to determine whether termination of the suspended investigation on uranium from Russia would be likely to lead to continuation or recurrence of material injury. Pursuant to the Act, interested parties are requested to respond to this notice by submitting the information specified below to the Commission.

Federal Register, Volume 82 Issue 20 (Wednesday, February 1, 2017)
[Federal Register Volume 82, Number 20 (Wednesday, February 1, 2017)]
[Notices]
[Pages 8951-8953]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-01995]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 731-TA-539-C (Fourth Review)]


Uranium From Russia; Institution of a Five-Year Review

AGENCY: United States International Trade Commission.

ACTION: Notice.

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SUMMARY: The Commission hereby gives notice that it has instituted a 
review pursuant to the Tariff Act of 1930 (``the Act''), as amended, to 
determine whether termination of the suspended investigation on uranium 
from Russia would be likely to lead to continuation or recurrence of 
material injury. Pursuant to the Act, interested parties are requested 
to respond to this notice by submitting the information specified below 
to the Commission.

DATES: Effective February 1, 2017. To be assured of consideration, the 
deadline for responses is March 3, 2017. Comments on the adequacy of 
responses may be filed with the Commission by April 17, 2017.

FOR FURTHER INFORMATION CONTACT: Mary Messer (202-205-3193), Office of 
Investigations, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436. Hearing-impaired persons can obtain information 
on this matter by contacting the Commission's TDD terminal on 202-205-
1810. Persons with mobility impairments who will need special 
assistance in gaining access to the Commission should contact the 
Office of the Secretary at 202-205-2000. General information concerning 
the Commission may also be obtained by accessing its internet server 
(https://www.usitc.gov). The public record for this proceeding may be 
viewed on the Commission's electronic docket (EDIS) at https://edis.usitc.gov.

SUPPLEMENTARY INFORMATION: 
    Background.--Effective October 16, 1992, the Department of Commerce 
(``Commerce'') suspended an antidumping duty investigation on imports 
of uranium from Russia (57 FR 49220, October 30, 1992). Following first 
five-year reviews by Commerce and the Commission, effective August 22, 
2000, Commerce issued a continuation of the suspended investigation on 
imports of uranium from Russia (65 FR 50958, August 22, 2000 and 65 FR 
52407, August 29, 2000 (corrected)). Following second five-year reviews 
by Commerce and the Commission, effective August 11, 2006, Commerce 
issued a continuation of the suspended investigation on imports of 
uranium from Russia (71 FR 46191, August 11, 2006). Following the third 
five-year reviews by Commerce and the Commission, effective March 8, 
2012, Commerce issued a continuation of the suspended investigation on 
imports of uranium from Russia (77 FR 14001, March 8, 2012). The 
Commission is now conducting a fourth review pursuant to section 751(c) 
of the Act, as amended (19 U.S.C. 1675(c)), to determine whether 
termination of the suspended investigation would be likely to lead to 
continuation or recurrence of material injury to the domestic industry 
within a reasonably foreseeable time. Provisions concerning the conduct 
of this proceeding may be found in the Commission's Rules of Practice 
and Procedure at 19 CFR parts 201, subparts A and B and 19 CFR part 
207, subparts A and F. The Commission will assess the adequacy of 
interested party responses to this notice of institution to determine 
whether to conduct a full review or an expedited review. The 
Commission's determination in any expedited review will be based on the 
facts available, which may include information provided in response to 
this notice.
    Definitions.--The following definitions apply to this review:
    (1) Subject Merchandise is the class or kind of merchandise that is 
within the scope of the five-year review, as defined by the Department 
of Commerce.
    (2) The Subject Country in this review is Russia.
    (3) The Domestic Like Product is the domestically produced product 
or products which are like, or in the absence of like, most similar in 
characteristics and uses with, the Subject Merchandise. In its original 
preliminary determination concerning the U.S.S.R., its full first and 
second five-year review determinations concerning Russia, and its 
expedited third five-year review determination concerning Russia, the 
Commission defined the Domestic Like Product as all forms of uranium 
coextensive with Commerce's scope.
    (4) The Domestic Industry is the U.S. producers as a whole of the 
Domestic Like Product, or those producers whose collective output of 
the Domestic Like Product constitutes a major proportion of the total 
domestic production of the product. In its original preliminary 
determination concerning the U.S.S.R., the Commission defined the 
Domestic Industry as domestic producers of the product coextensive with 
Commerce's scope of the investigation, including the U.S. Department of 
Energy's uranium enrichment operations. In its full first and second 
five-year review determinations and its expedited third five-year 
review determination concerning Russia, the Commission defined the 
Domestic Industry as all domestic producers of uranium, including 
concentrators, the converter, the enricher, and fabricators.
    (5) An Importer is any person or firm engaged, either directly or 
through a parent company or subsidiary, in importing the Subject 
Merchandise into the United States from a foreign manufacturer or 
through its selling agent.
    Participation in the proceeding and public service list.--Persons, 
including industrial users of the Subject Merchandise and, if the 
merchandise is sold at the retail level, representative consumer 
organizations, wishing to participate in the proceeding as parties must 
file an entry of appearance with the Secretary to the Commission, as 
provided in section 201.11(b)(4) of the Commission's rules, no later 
than 21 days after publication of this notice in the Federal Register. 
The Secretary will maintain a public service list containing the names 
and addresses of all persons, or their representatives, who are parties 
to the proceeding.
    Former Commission employees who are seeking to appear in Commission 
five-year reviews are advised that they may appear in a review even if 
they participated personally and substantially in the corresponding 
underlying original investigation or an earlier review of the same 
underlying investigation. The Commission's designated agency ethics 
official has advised that a five-year review is not the same particular 
matter as the underlying original investigation, and a five-year review 
is not the same particular matter as an earlier review of the same 
underlying investigation for purposes of 18 U.S.C. 207, the post 
employment statute for Federal employees, and Commission rule 201.15(b) 
(19 CFR 201.15(b)), 79 FR 3246 (Jan. 17, 2014), 73 FR 24609 (May 5, 
2008). Consequently, former employees are not required to seek 
Commission approval to appear in a review under Commission rule 19 CFR 
201.15, even if the corresponding underlying original

[[Page 8952]]

investigation or an earlier review of the same underlying investigation 
was pending when they were Commission employees. For further ethics 
advice on this matter, contact Carol McCue Verratti, Deputy Agency 
Ethics Official, at 202-205-3088.
    Limited disclosure of business proprietary information (BPI) under 
an administrative protective order (APO) and APO service list.--
Pursuant to section 207.7(a) of the Commission's rules, the Secretary 
will make BPI submitted in this proceeding available to authorized 
applicants under the APO issued in the proceeding, provided that the 
application is made no later than 21 days after publication of this 
notice in the Federal Register. Authorized applicants must represent 
interested parties, as defined in 19 U.S.C. 1677(9), who are parties to 
the proceeding. A separate service list will be maintained by the 
Secretary for those parties authorized to receive BPI under the APO.
    Certification.--Pursuant to section 207.3 of the Commission's 
rules, any person submitting information to the Commission in 
connection with this proceeding must certify that the information is 
accurate and complete to the best of the submitter's knowledge. In 
making the certification, the submitter will acknowledge that 
information submitted in response to this request for information and 
throughout this proceeding or other proceeding may be disclosed to and 
used: (i) By the Commission, its employees and Offices, and contract 
personnel (a) for developing or maintaining the records of this or a 
related proceeding, or (b) in internal investigations, audits, reviews, 
and evaluations relating to the programs, personnel, and operations of 
the Commission including under 5 U.S.C. Appendix 3; or (ii) by U.S. 
government employees and contract personnel, solely for cybersecurity 
purposes. All contract personnel will sign appropriate nondisclosure 
agreements.
    Written submissions.--Pursuant to section 207.61 of the 
Commission's rules, each interested party response to this notice must 
provide the information specified below. The deadline for filing such 
responses is March 3, 2017. Pursuant to section 207.62(b) of the 
Commission's rules, eligible parties (as specified in Commission rule 
207.62(b)(1)) may also file comments concerning the adequacy of 
responses to the notice of institution and whether the Commission 
should conduct an expedited or full review. The deadline for filing 
such comments is April 17, 2017. All written submissions must conform 
with the provisions of section 201.8 of the Commission's rules; any 
submissions that contain BPI must also conform with the requirements of 
sections 201.6, 207.3, and 207.7 of the Commission's rules. The 
Commission's Handbook on E-Filing, available on the Commission's Web 
site at https://edis.usitc.gov, elaborates upon the Commission's rules 
with respect to electronic filing. Also, in accordance with sections 
201.16(c) and 207.3 of the Commission's rules, each document filed by a 
party to the proceeding must be served on all other parties to the 
proceeding (as identified by either the public or APO service list as 
appropriate), and a certificate of service must accompany the document 
(if you are not a party to the proceeding you do not need to serve your 
response).
    No response to this request for information is required if a 
currently valid Office of Management and Budget (OMB) number is not 
displayed; the OMB number is 3117 0016/USITC No. 17-5-378, expiration 
date June 30, 2017. Public reporting burden for the request is 
estimated to average 15 hours per response. Please send comments 
regarding the accuracy of this burden estimate to the Office of 
Investigations, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436.
    Inability to provide requested information.--Pursuant to section 
207.61(c) of the Commission's rules, any interested party that cannot 
furnish the information requested by this notice in the requested form 
and manner shall notify the Commission at the earliest possible time, 
provide a full explanation of why it cannot provide the requested 
information, and indicate alternative forms in which it can provide 
equivalent information. If an interested party does not provide this 
notification (or the Commission finds the explanation provided in the 
notification inadequate) and fails to provide a complete response to 
this notice, the Commission may take an adverse inference against the 
party pursuant to section 776(b) of the Act (19 U.S.C. 1677e(b)) in 
making its determination in the review.
    Information To Be Provided in Response to This Notice of 
Institution: As used below, the term ``firm'' includes any related 
firms.
    (1) The name and address of your firm or entity (including World 
Wide Web address) and name, telephone number, fax number, and Email 
address of the certifying official.
    (2) A statement indicating whether your firm/entity is an 
interested party under 19 U.S.C. 1677(9) and if so, how, including 
whether your firm/entity is a U.S. producer of the Domestic Like 
Product, a U.S. union or worker group, a U.S. importer of the Subject 
Merchandise, a foreign producer or exporter of the Subject Merchandise, 
a U.S. or foreign trade or business association (a majority of whose 
members are interested parties under the statute), or another 
interested party (including an explanation). If you are a union/worker 
group or trade/business association, identify the firms in which your 
workers are employed or which are members of your association.
    (3) A statement indicating whether your firm/entity is willing to 
participate in this proceeding by providing information requested by 
the Commission.
    (4) A statement of the likely effects of the termination of the 
suspended investigation on the Domestic Industry in general and/or your 
firm/entity specifically. In your response, please discuss the various 
factors specified in section 752(a) of the Act (19 U.S.C. 1675a(a)) 
including the likely volume of subject imports, likely price effects of 
subject imports, and likely impact of imports of Subject Merchandise on 
the Domestic Industry.
    (5) A list of all known and currently operating U.S. producers of 
the Domestic Like Product. Identify any known related parties and the 
nature of the relationship as defined in section 771(4)(B) of the Act 
(19 U.S.C. 1677(4)(B)).
    (6) A list of all known and currently operating U.S. importers of 
the Subject Merchandise and producers of the Subject Merchandise in the 
Subject Country that currently export or have exported Subject 
Merchandise to the United States or other countries after 2010.
    (7) A list of 3-5 leading purchasers in the U.S. market for the 
Domestic Like Product and the Subject Merchandise (including street 
address, World Wide Web address, and the name, telephone number, fax 
number, and Email address of a responsible official at each firm).
    (8) A list of known sources of information on national or regional 
prices for the Domestic Like Product or the Subject Merchandise in the 
U.S. or other markets.
    (9) If you are a U.S. producer of the Domestic Like Product, 
provide the following information on your firm's operations on that 
product during calendar year 2016, except as noted. Report quantity 
data in (1) Pounds of natural uranium concentrate (concentrated 
U3O8) (Concentrate Producers), (2) kilograms of 
natural uranium hexafluoride, or kgU, (natural

[[Page 8953]]

UF6) (Converters), (3) SWUs of enriched uranium hexafluoride 
(enriched UF6 (LEU-HF)) (Enrichers), or (4) kilograms of 
enriched uranium oxides, nitrates, and metals, or kgU (Fabricators) 
(including only that part of the fabrication that is included with the 
product scope--i.e., the conversion and pelletizing processes). Report 
value data in U.S. dollars, f.o.b. plant. If you are a union/worker 
group or trade/business association, provide the information, on an 
aggregate basis, for the firms in which your workers are employed/which 
are members of your association.
    (a) Production (quantity) and, if known, an estimate of the 
percentage of total U.S. production of the Domestic Like Product 
accounted for by your firm's(s') production;
    (b) Capacity (quantity) of your firm to produce the Domestic Like 
Product (that is, the level of production that your establishment(s) 
could reasonably have expected to attain during the year, assuming 
normal operating conditions (using equipment and machinery in place and 
ready to operate), normal operating levels (hours per week/weeks per 
year), time for downtime, maintenance, repair, and cleanup, and a 
typical or representative product mix);
    (c) the quantity and value of U.S. commercial shipments of the 
Domestic Like Product produced in your U.S. plant(s);
    (d) the quantity and value of U.S. internal consumption/company 
transfers of the Domestic Like Product produced in your U.S. plant(s); 
and
    (e) the value of (i) net sales, (ii) cost of goods sold (COGS), 
(iii) gross profit, (iv) selling, general and administrative (SG&A) 
expenses, and (v) operating income of the Domestic Like Product 
produced in your U.S. plant(s) (include both U.S. and export commercial 
sales, internal consumption, and company transfers) for your most 
recently completed fiscal year (identify the date on which your fiscal 
year ends).
    (10) If you are a U.S. importer or a trade/business association of 
U.S. importers of the Subject Merchandise from the Subject Country, 
provide the following information on your firm's(s') operations on that 
product during calendar year 2016. Depending upon the form in which it 
is imported, report quantity data in (1) Pounds of natural uranium 
concentrate (concentrated U3O8), (2) kilograms of 
natural uranium hexafluoride, or kgU, (natural UF6), (3) 
SWUs of enriched uranium hexafluoride (enriched UF6 (LEU-
HF)), or (4) kilograms of enriched uranium oxides, nitrates, and 
metals, or kgU. Report value data in U.S. dollars, f.o.b. plant. If you 
are a trade/business association, provide the information, on an 
aggregate basis, for the firms which are members of your association.
    (a) The quantity and value (landed, duty-paid but not including 
antidumping duties) of U.S. imports and, if known, an estimate of the 
percentage of total U.S. imports of Subject Merchandise from the 
Subject Country accounted for by your firm's(s') imports;
    (b) the quantity and value (f.o.b. U.S. port, including antidumping 
duties) of U.S. commercial shipments of Subject Merchandise imported 
from the Subject Country; and
    (c) the quantity and value (f.o.b. U.S. port, including antidumping 
and/or countervailing duties) of U.S. internal consumption/company 
transfers of Subject Merchandise imported from the Subject Country.
    (11) If you are a producer, an exporter, or a trade/business 
association of producers or exporters of the Subject Merchandise in the 
Subject Country, provide the following information on your firm's(s') 
operations on that product during calendar year 2016. Report quantity 
data in (1) pounds of natural uranium concentrate (concentrated 
U3O8) (Concentrate Producers), (2) kilograms of 
natural uranium hexafluoride, or kgU, (natural UF6) 
(Converters), (3) SWUs of enriched uranium hexafluoride (enriched 
UF6 (LEU-HF)) (Enrichers), or (4) kilograms of enriched 
uranium oxides, nitrates, and metals, or kgU (Fabricators) (including 
only that part of the fabrication that is included with the product 
scope-i.e., the conversion and pelletizing processes). Report value 
data in U.S. dollars, landed and duty-paid at the U.S. port but not 
including antidumping duties. If you are a trade/business association, 
provide the information, on an aggregate basis, for the firms which are 
members of your association.
    (a) Production (quantity) and, if known, an estimate of the 
percentage of total production of Subject Merchandise in the Subject 
Country accounted for by your firm's(s') production;
    (b) Capacity (quantity) of your firm(s) to produce the Subject 
Merchandise in the Subject Country (that is, the level of production 
that your establishment(s) could reasonably have expected to attain 
during the year, assuming normal operating conditions (using equipment 
and machinery in place and ready to operate), normal operating levels 
(hours per week/weeks per year), time for downtime, maintenance, 
repair, and cleanup, and a typical or representative product mix); and
    (c) the quantity and value of your firm's(s') exports to the United 
States of Subject Merchandise and, if known, an estimate of the 
percentage of total exports to the United States of Subject Merchandise 
from the Subject Country accounted for by your firm's(s') exports.
    (12) Identify significant changes, if any, in the supply and demand 
conditions or business cycle for the Domestic Like Product that have 
occurred in the United States or in the market for the Subject 
Merchandise in the Subject Country after 2010, and significant changes, 
if any, that are likely to occur within a reasonably foreseeable time. 
Supply conditions to consider include technology; production methods; 
development efforts; ability to increase production (including the 
shift of production facilities used for other products and the use, 
cost, or availability of major inputs into production); and factors 
related to the ability to shift supply among different national markets 
(including barriers to importation in foreign markets or changes in 
market demand abroad). Demand conditions to consider include end uses 
and applications; the existence and availability of substitute 
products; and the level of competition among the Domestic Like Product 
produced in the United States, Subject Merchandise produced in the 
Subject Country, and such merchandise from other countries.
    (13) (OPTIONAL) A statement of whether you agree with the above 
definitions of the Domestic Like Product and Domestic Industry; if you 
disagree with either or both of these definitions, please explain why 
and provide alternative definitions.

    Authority: This proceeding is being conducted under authority of 
title VII of the Tariff Act of 1930; this notice is published 
pursuant to section 207.61 of the Commission's rules.

    By order of the Commission.

    Issued: January 25, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017-01995 Filed 1-31-17; 8:45 am]
 BILLING CODE 7020-02-P



                                                                           Federal Register / Vol. 82, No. 20 / Wednesday, February 1, 2017 / Notices                                            8951

                                                  No record keeping burden is known to                  first five-year reviews by Commerce and               collective output of the Domestic Like
                                                result from the proposed collection of                  the Commission, effective August 22,                  Product constitutes a major proportion
                                                information.                                            2000, Commerce issued a continuation                  of the total domestic production of the
                                                  By order of the Commission.                           of the suspended investigation on                     product. In its original preliminary
                                                  Issued: January 26, 2017.
                                                                                                        imports of uranium from Russia (65 FR                 determination concerning the U.S.S.R.,
                                                                                                        50958, August 22, 2000 and 65 FR                      the Commission defined the Domestic
                                                Lisa R. Barton,
                                                                                                        52407, August 29, 2000 (corrected)).                  Industry as domestic producers of the
                                                Secretary to the Commission.
                                                                                                        Following second five-year reviews by                 product coextensive with Commerce’s
                                                [FR Doc. 2017–02070 Filed 1–31–17; 8:45 am]             Commerce and the Commission,                          scope of the investigation, including the
                                                BILLING CODE 7020–02–P                                  effective August 11, 2006, Commerce                   U.S. Department of Energy’s uranium
                                                                                                        issued a continuation of the suspended                enrichment operations. In its full first
                                                                                                        investigation on imports of uranium                   and second five-year review
                                                INTERNATIONAL TRADE                                     from Russia (71 FR 46191, August 11,                  determinations and its expedited third
                                                COMMISSION                                              2006). Following the third five-year                  five-year review determination
                                                [Investigation No. 731–TA–539–C (Fourth                 reviews by Commerce and the                           concerning Russia, the Commission
                                                Review)]                                                Commission, effective March 8, 2012,                  defined the Domestic Industry as all
                                                                                                        Commerce issued a continuation of the                 domestic producers of uranium,
                                                Uranium From Russia; Institution of a                   suspended investigation on imports of                 including concentrators, the converter,
                                                Five-Year Review                                        uranium from Russia (77 FR 14001,                     the enricher, and fabricators.
                                                AGENCY: United States International                     March 8, 2012). The Commission is now                    (5) An Importer is any person or firm
                                                Trade Commission.                                       conducting a fourth review pursuant to                engaged, either directly or through a
                                                                                                        section 751(c) of the Act, as amended                 parent company or subsidiary, in
                                                ACTION: Notice.
                                                                                                        (19 U.S.C. 1675(c)), to determine                     importing the Subject Merchandise into
                                                SUMMARY:    The Commission hereby gives                 whether termination of the suspended                  the United States from a foreign
                                                notice that it has instituted a review                  investigation would be likely to lead to              manufacturer or through its selling
                                                pursuant to the Tariff Act of 1930 (‘‘the               continuation or recurrence of material                agent.
                                                Act’’), as amended, to determine                        injury to the domestic industry within                   Participation in the proceeding and
                                                whether termination of the suspended                    a reasonably foreseeable time.                        public service list.—Persons, including
                                                investigation on uranium from Russia                    Provisions concerning the conduct of                  industrial users of the Subject
                                                would be likely to lead to continuation                 this proceeding may be found in the                   Merchandise and, if the merchandise is
                                                or recurrence of material injury.                       Commission’s Rules of Practice and                    sold at the retail level, representative
                                                Pursuant to the Act, interested parties                 Procedure at 19 CFR parts 201, subparts               consumer organizations, wishing to
                                                are requested to respond to this notice                 A and B and 19 CFR part 207, subparts                 participate in the proceeding as parties
                                                by submitting the information specified                 A and F. The Commission will assess                   must file an entry of appearance with
                                                below to the Commission.                                the adequacy of interested party                      the Secretary to the Commission, as
                                                                                                        responses to this notice of institution to            provided in section 201.11(b)(4) of the
                                                DATES: Effective February 1, 2017. To be
                                                                                                        determine whether to conduct a full                   Commission’s rules, no later than 21
                                                assured of consideration, the deadline                                                                        days after publication of this notice in
                                                for responses is March 3, 2017.                         review or an expedited review. The
                                                                                                        Commission’s determination in any                     the Federal Register. The Secretary will
                                                Comments on the adequacy of responses                                                                         maintain a public service list containing
                                                may be filed with the Commission by                     expedited review will be based on the
                                                                                                        facts available, which may include                    the names and addresses of all persons,
                                                April 17, 2017.                                                                                               or their representatives, who are parties
                                                                                                        information provided in response to this
                                                FOR FURTHER INFORMATION CONTACT:                                                                              to the proceeding.
                                                                                                        notice.
                                                Mary Messer (202–205–3193), Office of                      Definitions.—The following                            Former Commission employees who
                                                Investigations, U.S. International Trade                definitions apply to this review:                     are seeking to appear in Commission
                                                Commission, 500 E Street SW.,                              (1) Subject Merchandise is the class or            five-year reviews are advised that they
                                                Washington, DC 20436. Hearing-                          kind of merchandise that is within the                may appear in a review even if they
                                                impaired persons can obtain                             scope of the five-year review, as defined             participated personally and
                                                information on this matter by contacting                by the Department of Commerce.                        substantially in the corresponding
                                                the Commission’s TDD terminal on 202–                      (2) The Subject Country in this review             underlying original investigation or an
                                                205–1810. Persons with mobility                         is Russia.                                            earlier review of the same underlying
                                                impairments who will need special                          (3) The Domestic Like Product is the               investigation. The Commission’s
                                                assistance in gaining access to the                     domestically produced product or                      designated agency ethics official has
                                                Commission should contact the Office                    products which are like, or in the                    advised that a five-year review is not the
                                                of the Secretary at 202–205–2000.                       absence of like, most similar in                      same particular matter as the underlying
                                                General information concerning the                      characteristics and uses with, the                    original investigation, and a five-year
                                                Commission may also be obtained by                      Subject Merchandise. In its original                  review is not the same particular matter
                                                accessing its internet server (https://                 preliminary determination concerning                  as an earlier review of the same
                                                www.usitc.gov). The public record for                   the U.S.S.R., its full first and second               underlying investigation for purposes of
                                                this proceeding may be viewed on the                    five-year review determinations                       18 U.S.C. 207, the post employment
                                                Commission’s electronic docket (EDIS)                   concerning Russia, and its expedited                  statute for Federal employees, and
                                                at https://edis.usitc.gov.                                                                                    Commission rule 201.15(b) (19 CFR
sradovich on DSK3GMQ082PROD with NOTICES




                                                                                                        third five-year review determination
                                                SUPPLEMENTARY INFORMATION:                              concerning Russia, the Commission                     201.15(b)), 79 FR 3246 (Jan. 17, 2014),
                                                   Background.—Effective October 16,                    defined the Domestic Like Product as all              73 FR 24609 (May 5, 2008).
                                                1992, the Department of Commerce                        forms of uranium coextensive with                     Consequently, former employees are not
                                                (‘‘Commerce’’) suspended an                             Commerce’s scope.                                     required to seek Commission approval
                                                antidumping duty investigation on                          (4) The Domestic Industry is the U.S.              to appear in a review under Commission
                                                imports of uranium from Russia (57 FR                   producers as a whole of the Domestic                  rule 19 CFR 201.15, even if the
                                                49220, October 30, 1992). Following                     Like Product, or those producers whose                corresponding underlying original


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                                                8952                       Federal Register / Vol. 82, No. 20 / Wednesday, February 1, 2017 / Notices

                                                investigation or an earlier review of the               conform with the provisions of section                including whether your firm/entity is a
                                                same underlying investigation was                       201.8 of the Commission’s rules; any                  U.S. producer of the Domestic Like
                                                pending when they were Commission                       submissions that contain BPI must also                Product, a U.S. union or worker group,
                                                employees. For further ethics advice on                 conform with the requirements of                      a U.S. importer of the Subject
                                                this matter, contact Carol McCue                        sections 201.6, 207.3, and 207.7 of the               Merchandise, a foreign producer or
                                                Verratti, Deputy Agency Ethics Official,                Commission’s rules. The Commission’s                  exporter of the Subject Merchandise, a
                                                at 202–205–3088.                                        Handbook on E-Filing, available on the                U.S. or foreign trade or business
                                                   Limited disclosure of business                       Commission’s Web site at https://                     association (a majority of whose
                                                proprietary information (BPI) under an                  edis.usitc.gov, elaborates upon the                   members are interested parties under
                                                administrative protective order (APO)                   Commission’s rules with respect to                    the statute), or another interested party
                                                and APO service list.—Pursuant to                       electronic filing. Also, in accordance                (including an explanation). If you are a
                                                section 207.7(a) of the Commission’s                    with sections 201.16(c) and 207.3 of the              union/worker group or trade/business
                                                rules, the Secretary will make BPI                      Commission’s rules, each document                     association, identify the firms in which
                                                submitted in this proceeding available                  filed by a party to the proceeding must               your workers are employed or which are
                                                to authorized applicants under the APO                  be served on all other parties to the                 members of your association.
                                                issued in the proceeding, provided that                 proceeding (as identified by either the                  (3) A statement indicating whether
                                                the application is made no later than 21                public or APO service list as                         your firm/entity is willing to participate
                                                days after publication of this notice in                appropriate), and a certificate of service            in this proceeding by providing
                                                the Federal Register. Authorized                        must accompany the document (if you                   information requested by the
                                                applicants must represent interested                    are not a party to the proceeding you do              Commission.
                                                parties, as defined in 19 U.S.C. 1677(9),               not need to serve your response).                        (4) A statement of the likely effects of
                                                who are parties to the proceeding. A                       No response to this request for                    the termination of the suspended
                                                separate service list will be maintained                information is required if a currently                investigation on the Domestic Industry
                                                by the Secretary for those parties                      valid Office of Management and Budget                 in general and/or your firm/entity
                                                authorized to receive BPI under the                     (OMB) number is not displayed; the                    specifically. In your response, please
                                                APO.                                                    OMB number is 3117 0016/USITC No.                     discuss the various factors specified in
                                                   Certification.—Pursuant to section                   17–5–378, expiration date June 30,                    section 752(a) of the Act (19 U.S.C.
                                                207.3 of the Commission’s rules, any                    2017. Public reporting burden for the                 1675a(a)) including the likely volume of
                                                person submitting information to the                    request is estimated to average 15 hours              subject imports, likely price effects of
                                                Commission in connection with this                      per response. Please send comments                    subject imports, and likely impact of
                                                proceeding must certify that the                        regarding the accuracy of this burden                 imports of Subject Merchandise on the
                                                information is accurate and complete to                 estimate to the Office of Investigations,             Domestic Industry.
                                                the best of the submitter’s knowledge. In               U.S. International Trade Commission,                     (5) A list of all known and currently
                                                making the certification, the submitter                 500 E Street SW., Washington, DC                      operating U.S. producers of the
                                                will acknowledge that information                       20436.                                                Domestic Like Product. Identify any
                                                submitted in response to this request for                  Inability to provide requested                     known related parties and the nature of
                                                information and throughout this                         information.—Pursuant to section                      the relationship as defined in section
                                                proceeding or other proceeding may be                   207.61(c) of the Commission’s rules, any              771(4)(B) of the Act (19 U.S.C.
                                                disclosed to and used: (i) By the                       interested party that cannot furnish the              1677(4)(B)).
                                                Commission, its employees and Offices,                  information requested by this notice in                  (6) A list of all known and currently
                                                and contract personnel (a) for                          the requested form and manner shall                   operating U.S. importers of the Subject
                                                developing or maintaining the records                   notify the Commission at the earliest                 Merchandise and producers of the
                                                of this or a related proceeding, or (b) in              possible time, provide a full explanation             Subject Merchandise in the Subject
                                                internal investigations, audits, reviews,               of why it cannot provide the requested                Country that currently export or have
                                                and evaluations relating to the                         information, and indicate alternative                 exported Subject Merchandise to the
                                                programs, personnel, and operations of                  forms in which it can provide                         United States or other countries after
                                                the Commission including under 5                        equivalent information. If an interested              2010.
                                                U.S.C. Appendix 3; or (ii) by U.S.                      party does not provide this notification                 (7) A list of 3–5 leading purchasers in
                                                government employees and contract                       (or the Commission finds the                          the U.S. market for the Domestic Like
                                                personnel, solely for cybersecurity                     explanation provided in the notification              Product and the Subject Merchandise
                                                purposes. All contract personnel will                   inadequate) and fails to provide a                    (including street address, World Wide
                                                sign appropriate nondisclosure                          complete response to this notice, the                 Web address, and the name, telephone
                                                agreements.                                             Commission may take an adverse                        number, fax number, and Email address
                                                   Written submissions.—Pursuant to                     inference against the party pursuant to               of a responsible official at each firm).
                                                section 207.61 of the Commission’s                      section 776(b) of the Act (19 U.S.C.                     (8) A list of known sources of
                                                rules, each interested party response to                1677e(b)) in making its determination in              information on national or regional
                                                this notice must provide the information                the review.                                           prices for the Domestic Like Product or
                                                specified below. The deadline for filing                   Information To Be Provided in                      the Subject Merchandise in the U.S. or
                                                such responses is March 3, 2017.                        Response to This Notice of Institution:               other markets.
                                                Pursuant to section 207.62(b) of the                    As used below, the term ‘‘firm’’ includes                (9) If you are a U.S. producer of the
                                                Commission’s rules, eligible parties (as                any related firms.                                    Domestic Like Product, provide the
                                                specified in Commission rule                                                                                  following information on your firm’s
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                                                                                                           (1) The name and address of your firm
                                                207.62(b)(1)) may also file comments                    or entity (including World Wide Web                   operations on that product during
                                                concerning the adequacy of responses to                 address) and name, telephone number,                  calendar year 2016, except as noted.
                                                the notice of institution and whether the               fax number, and Email address of the                  Report quantity data in (1) Pounds of
                                                Commission should conduct an                            certifying official.                                  natural uranium concentrate
                                                expedited or full review. The deadline                     (2) A statement indicating whether                 (concentrated U3O8) (Concentrate
                                                for filing such comments is April 17,                   your firm/entity is an interested party               Producers), (2) kilograms of natural
                                                2017. All written submissions must                      under 19 U.S.C. 1677(9) and if so, how,               uranium hexafluoride, or kgU, (natural


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                                                                           Federal Register / Vol. 82, No. 20 / Wednesday, February 1, 2017 / Notices                                                  8953

                                                UF6) (Converters), (3) SWUs of enriched                 provide the information, on an aggregate                 (c) the quantity and value of your
                                                uranium hexafluoride (enriched UF6                      basis, for the firms which are members                firm’s(s’) exports to the United States of
                                                (LEU–HF)) (Enrichers), or (4) kilograms                 of your association.                                  Subject Merchandise and, if known, an
                                                of enriched uranium oxides, nitrates,                      (a) The quantity and value (landed,                estimate of the percentage of total
                                                and metals, or kgU (Fabricators)                        duty-paid but not including                           exports to the United States of Subject
                                                (including only that part of the                        antidumping duties) of U.S. imports                   Merchandise from the Subject Country
                                                fabrication that is included with the                   and, if known, an estimate of the                     accounted for by your firm’s(s’) exports.
                                                product scope—i.e., the conversion and                  percentage of total U.S. imports of                      (12) Identify significant changes, if
                                                pelletizing processes). Report value data               Subject Merchandise from the Subject                  any, in the supply and demand
                                                in U.S. dollars, f.o.b. plant. If you are a             Country accounted for by your firm’s(s’)              conditions or business cycle for the
                                                union/worker group or trade/business                    imports;                                              Domestic Like Product that have
                                                association, provide the information, on                   (b) the quantity and value (f.o.b. U.S.            occurred in the United States or in the
                                                an aggregate basis, for the firms in                    port, including antidumping duties) of                market for the Subject Merchandise in
                                                which your workers are employed/                        U.S. commercial shipments of Subject                  the Subject Country after 2010, and
                                                which are members of your association.                  Merchandise imported from the Subject                 significant changes, if any, that are
                                                   (a) Production (quantity) and, if                    Country; and                                          likely to occur within a reasonably
                                                known, an estimate of the percentage of                    (c) the quantity and value (f.o.b. U.S.            foreseeable time. Supply conditions to
                                                total U.S. production of the Domestic                   port, including antidumping and/or                    consider include technology;
                                                Like Product accounted for by your                      countervailing duties) of U.S. internal               production methods; development
                                                firm’s(s’) production;                                  consumption/company transfers of                      efforts; ability to increase production
                                                   (b) Capacity (quantity) of your firm to              Subject Merchandise imported from the                 (including the shift of production
                                                produce the Domestic Like Product (that                                                                       facilities used for other products and the
                                                                                                        Subject Country.
                                                is, the level of production that your                                                                         use, cost, or availability of major inputs
                                                                                                           (11) If you are a producer, an exporter,
                                                establishment(s) could reasonably have                                                                        into production); and factors related to
                                                                                                        or a trade/business association of
                                                expected to attain during the year,                                                                           the ability to shift supply among
                                                                                                        producers or exporters of the Subject
                                                assuming normal operating conditions                                                                          different national markets (including
                                                                                                        Merchandise in the Subject Country,
                                                (using equipment and machinery in                                                                             barriers to importation in foreign
                                                                                                        provide the following information on
                                                place and ready to operate), normal                                                                           markets or changes in market demand
                                                operating levels (hours per week/weeks                  your firm’s(s’) operations on that
                                                                                                        product during calendar year 2016.                    abroad). Demand conditions to consider
                                                per year), time for downtime,                                                                                 include end uses and applications; the
                                                maintenance, repair, and cleanup, and a                 Report quantity data in (1) pounds of
                                                                                                        natural uranium concentrate                           existence and availability of substitute
                                                typical or representative product mix);                                                                       products; and the level of competition
                                                   (c) the quantity and value of U.S.                   (concentrated U3O8) (Concentrate
                                                                                                        Producers), (2) kilograms of natural                  among the Domestic Like Product
                                                commercial shipments of the Domestic
                                                                                                        uranium hexafluoride, or kgU, (natural                produced in the United States, Subject
                                                Like Product produced in your U.S.
                                                plant(s);                                               UF6) (Converters), (3) SWUs of enriched               Merchandise produced in the Subject
                                                   (d) the quantity and value of U.S.                   uranium hexafluoride (enriched UF6                    Country, and such merchandise from
                                                internal consumption/company                            (LEU–HF)) (Enrichers), or (4) kilograms               other countries.
                                                transfers of the Domestic Like Product                  of enriched uranium oxides, nitrates,                    (13) (OPTIONAL) A statement of
                                                produced in your U.S. plant(s); and                     and metals, or kgU (Fabricators)                      whether you agree with the above
                                                   (e) the value of (i) net sales, (ii) cost            (including only that part of the                      definitions of the Domestic Like Product
                                                of goods sold (COGS), (iii) gross profit,               fabrication that is included with the                 and Domestic Industry; if you disagree
                                                (iv) selling, general and administrative                product scope-i.e., the conversion and                with either or both of these definitions,
                                                (SG&A) expenses, and (v) operating                      pelletizing processes). Report value data             please explain why and provide
                                                income of the Domestic Like Product                     in U.S. dollars, landed and duty-paid at              alternative definitions.
                                                produced in your U.S. plant(s) (include                 the U.S. port but not including                         Authority: This proceeding is being
                                                both U.S. and export commercial sales,                  antidumping duties. If you are a trade/               conducted under authority of title VII of the
                                                internal consumption, and company                       business association, provide the                     Tariff Act of 1930; this notice is published
                                                transfers) for your most recently                       information, on an aggregate basis, for               pursuant to section 207.61 of the
                                                completed fiscal year (identify the date                the firms which are members of your                   Commission’s rules.
                                                on which your fiscal year ends).                        association.                                            By order of the Commission.
                                                   (10) If you are a U.S. importer or a                    (a) Production (quantity) and, if                    Issued: January 25, 2017.
                                                trade/business association of U.S.                      known, an estimate of the percentage of               Lisa R. Barton,
                                                importers of the Subject Merchandise                    total production of Subject Merchandise               Secretary to the Commission.
                                                from the Subject Country, provide the                   in the Subject Country accounted for by               [FR Doc. 2017–01995 Filed 1–31–17; 8:45 am]
                                                following information on your firm’s(s’)                your firm’s(s’) production;
                                                                                                                                                              BILLING CODE 7020–02–P
                                                operations on that product during                          (b) Capacity (quantity) of your firm(s)
                                                calendar year 2016. Depending upon the                  to produce the Subject Merchandise in
                                                form in which it is imported, report                    the Subject Country (that is, the level of
                                                quantity data in (1) Pounds of natural                  production that your establishment(s)                 DEPARTMENT OF JUSTICE
                                                uranium concentrate (concentrated                       could reasonably have expected to                     Notice of Lodging of Proposed
                                                U3O8), (2) kilograms of natural uranium                 attain during the year, assuming normal
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                                                                                                                                                              Consent Decree Under the Clean Water
                                                hexafluoride, or kgU, (natural UF6), (3)                operating conditions (using equipment                 Act
                                                SWUs of enriched uranium hexafluoride                   and machinery in place and ready to
                                                (enriched UF6 (LEU–HF)), or (4)                         operate), normal operating levels (hours                On January 19, 2017, the Department
                                                kilograms of enriched uranium oxides,                   per week/weeks per year), time for                    of Justice lodged a proposed Consent
                                                nitrates, and metals, or kgU. Report                    downtime, maintenance, repair, and                    Decree with the United States District
                                                value data in U.S. dollars, f.o.b. plant.               cleanup, and a typical or representative              Court for the Northern District of Iowa
                                                If you are a trade/business association,                product mix); and                                     in the lawsuit entitled United States v.


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Document Created: 2017-02-01 00:05:59
Document Modified: 2017-02-01 00:05:59
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
DatesEffective February 1, 2017. To be assured of consideration, the deadline for responses is March 3, 2017. Comments on the adequacy of responses may be filed with the Commission by April 17, 2017.
ContactMary Messer (202-205-3193), Office of Investigations, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436. Hearing-impaired persons can obtain information on this matter by contacting the Commission's TDD terminal on 202-205- 1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202-205-2000. General information concerning the Commission may also be obtained by accessing its internet server (https://www.usitc.gov). The public record for this proceeding may be viewed on the Commission's electronic docket (EDIS) at https:// edis.usitc.gov.
FR Citation82 FR 8951 

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