DEPARTMENT OF COMMERCE
International Trade Administration
Amendment to the Agreement Suspending the Antidumping
Investigation on Uranium From the Russian Federation
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: May 7, 1997.
ACTION: Notice of Amendment to the Agreement Suspending the Antidumping
Investigation on Uranium From the Russian Federation.
FOR FURTHER INFORMATION CONTACT: James Doyle or Karla Whalen, Office of
Antidumping Countervailing Duty Enforcement, Group III, Office 7,
Import Administration, International Trade Administration, U.S.
Department of Commerce, 14th Street and Constitution Avenue, NW,
Washington, DC 20230; telephone: (202) 482-0159 or (202) 482-0408,
SUMMARY: On May 7, 1997, the Department of Commerce (the Department)
and the Ministry of Atomic Energy of the Russian Federation (MINATOM)
signed an amendment to the Agreement Suspending the Antidumping
Investigation on Uranium From the Russian Federation, as amended (the
Suspension Agreement). This amendment doubles the amount of Russian-
origin uranium which may be imported into the United States for further
processing prior to re-exportation. In addition, it lengthens the
period of time uranium may remain in the United States for such
processing to up to three years.
On October 16, 1992, the Department and MINATOM signed the
Suspension Agreement on uranium and, on October 30, 1992, the
Suspension Agreement was published in the Federal Register (57 FR
49220, 49235). On March 11, 1994, the Department and MINATOM signed an
amendment to the Suspension Agreement on uranium and, on April 1, 1994,
this amendment was published in the Federal Register (59 FR 15373).
This amendment provided for entry of Russian uranium into the United
States based on a concept of matched sales between the United States
and Russian producers.
On October 3, 1996, the Department and MINATOM signed two
amendments to the Suspension Agreement. One amendment provided for the
sale in the United States of feed associated with imports of low-
enriched uranium (LEU) derived from high-enriched uranium (HEU) which
made the Suspension Agreement consistent with the USEC Privatization
Act. The second amendment restored previously unused quota for
separative work units (SWU), and covered Russian uranium which had been
enriched in a third country within the terms of the Suspension
Agreement, for a period of two years from the effective date of the
amendment. On November 6, 1996, both amendments were published in the
Federal Register (61 FR 56665).
On August 16, 1996, the Department and MINATOM initialed a proposed
amendment regarding the re-export provision of the Suspension
Agreement. The amendment extended the 12 month limitation up to 36
months and increased the amount of Russian Federation uranium which
could enter the United States for further processing from 3 million
pounds U3O8 to 6 million pounds U3O8. The Department subsequently
released the proposed amendment to interested parties for comment.
After careful consideration by the Department of the comments submitted
and further consultations between the two parties, the Department and
MINATOM signed the final amendment in its initialed form in Moscow on
May 7, 1997. The text of this amendment follows in the Annex to this
Dated: June 12, 1997.
Robert S. LaRussa,
Acting Assistant Secretary for Import Administration.
Amendment to the Agreement Suspending the Antidumping Investigation on
Uranium From the Russian Federation
Consistent with the requirement of Section 734(l) of the U.S.
Tariff Act of 1930, as amended, to prevent the suppression or
undercutting of price levels of domestic products in the United States,
Section IV of the Agreement Suspending the Antidumping Investigation on
Uranium from the Russian Federation, as amended on March 11, 1994, (the
Agreement) is amended as set forth below. All other provisions of the
Agreement, particularly Section VII, remain in force and apply to this
1. The following paragraphs replace Section IV.H:
For purposes of permitting processing in the United States of
uranium products from the Russian Federation, the Government of the
Russian Federation may issue re-export certificates for import into the
United States of Russian uranium products only where such imports to
the United States are not for sale or ultimate consumption in the
United States and where re-exports will take place within 12 months or
within 36 months of entry into the United States as indicated by the
importer or record at the time of entry.
In no event shall an export certificate be endorsed by the Russian
Federation for uranium products previously imported into the United
States under such re-export certificate. Such re-export certificates
will in no event be issued in amounts greater than one million pounds
U3O8 equivalent per re-export certificate.
The importer of record must specify at the time of entry whether it
will re-export the entered material under the 12 month limitation or
under the 36 month limitation (which requires additional certifications
as noted below).
Re-export certificates issued under the 12 month limitation shall
not exceed three million pounds U3O8 equivalent at any one time.
Additional re-export certificates may be issued under the 36 month
limitation as long as the total amount of uranium products entered
pursuant to re-export certificates issued (under both the 12 month and
36 month limitations) does not exceed six million pounds U3O8
equivalent at any one time.
For re-exports entered under the 36 month limitation, the importer
of record must provide the Department with the following at the time of
entry: 1) certification that it will ensure re-exportation within 36
months of entry into the United States; 2) certification from the end-
user that the uranium products will not be sold, loaned, swapped, used
as loan repayments, or utilized other than for re-export in accordance
with Section IV.H of the suspension agreement; and 3) certification
from the U.S. convertor and/or enricher and/or fabricator, as
applicable, that the uranium products will not be sold, loaned,
swapped, used as loan repayments, or utilized other than for re-export
in accordance with Section IV.H of the suspension agreement while held
at the respective entity's facility. Liquidation will be suspended for
all such entries of uranium products which are covered by the 36 month
re-export certificates. Suspension of liquidation will be continued for
each such entry until all uranium products covered by the respective
entries are re-exported and the Department of Commerce has notified
Customs that the relevant entries may be liquidated.
If uranium products from the Russian Federation are: (A) If subject
to the 12 month limitation, not re-exported within 12 months; (B) if
subject to the 36 month limitation, not re-exported within 36 months,
or (C) if subject to the 36 month limitation, sold, loaned, swapped,
used as loan repayments, or utilized other than for re-export in
accordance with Section IV.H of the Agreement, the Department will
refer the matter to Customs or the Department of Justice for further
action and the United States will promptly notify the Government of the
Russian Federation and the two governments shall enter into
consultations. If the uranium products are not re-exported within 3
months of the referral to Customs or the Department of Justice and the
problem has not been resolved to the mutual satisfaction of both the
United States and the Russian Federation, the volume of the uranium
products entered pursuant to the re-export certificate may be counted
against the export limit in effect at such time, or, if there is
insufficient quota, the first available quota. This volume may be
restored to the export limit if the product is subsequently re-
The Parties agree that this Amendment constitutes an integral part
of the Agreement.
The English language version of this Amendment shall be
Signed on this 7th day of May, 1997.
For the Ministry of Atomic Energy of the Russian Federation:
Deputy Minister, Ministry of Atomic Energy of the Russian Federation.
For the United States Department of Commerce:
Robert S. LaRussa,
Acting Assistant Secretary for Import Administration.
[FR Doc. 97-18449 Filed 7-14-97; 8:45 am]
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