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DEPARTMENT OF COMMERCE

International Trade Administration

[A-821-802]

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,

respectively.

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.

SUPPLEMENTARY INFORMATION:

Background

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

notice.

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

Amendment.

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.

[[Page 37880]]

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-

exported.

The Parties agree that this Amendment constitutes an integral part

of the Agreement.

The English language version of this Amendment shall be

controlling.

Signed on this 7th day of May, 1997.

For the Ministry of Atomic Energy of the Russian Federation:

N.N. Yegorov,

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]


TANC offers these agreements electronically as a public service for general reference. Every effort has been made to ensure that the text presented is complete and accurate. However, copies needed for legal purposes should be obtained from official archives maintained by the appropriate agency.