65 FR 50959 August 22, 2000
[A-844-802; A-823-802]
Revocation of Antidumping Duty Order on Uranium From Ukraine and
Termination of Suspended Antidumping Duty Investigation on Uranium From
Uzbekistan
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of revocation of antidumping duty order on uranium from
Ukraine and termination of suspended antidumping duty investigation on
uranium From Uzbekistan.
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SUMMARY: On March 3, 2000, the Department of Commerce (``the
Department''), pursuant to sections 751(c) and 752 of the Tariff Act of
1930, as amended (``the Act''), determined that revocation of the
antidumping duty order on uranium from Ukraine would be likely to lead
to continuation or recurrence of dumping. See Uranium from Ukraine;
Final Results of Expedited Sunset Review of Antidumping Duty Order
(``Final Results: Ukraine''), 65 FR 11552 (March 3, 2000). On July 5,
2000, the Department determined that termination of the suspended
antidumping duty investigation on uranium from Uzbekistan would be
likely to lead to continuation or recurrence of dumping. See Uranium
from Uzbekistan; Final Results of Full Sunset Review of Suspended
Antidumping Duty Investigation (``Final Results: Uzbekistan''), 65 FR
41441 (July 5, 2000).
On August 9, 2000, the International Trade Commission (``the
Commission''), pursuant to section 751(c) of the Act, determined that
revocation of the above antidumping duty order on uranium from Ukraine
and termination of the suspended antidumping duty investigation on
uranium from Uzbekistan would not be likely to lead to continuation or
recurrence of material injury to an industry in the United States
within a reasonably foreseeable time. See Uranium from Russia, Ukraine
and Uzbekistan, (``ITC Final Results''), 65 FR 48734 (August 9, 2000).
Therefore, pursuant to 19 CFR 351.222(i)(1), the Department is
publishing notice of the revocation of the antidumping duty order on
uranium from Ukraine and the termination of the suspended antidumping
duty investigation on uranium from Uzbekistan.
Effective Date: January 1, 2000.
For Further Information Contact: Kathryn B. McCormick or James Maeder,
Office of Policy for Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Ave., NW, Washington, DC 20230; telephone: (202) 482-1930
or (202) 482-3330, respectively.
SUPPLEMENTARY INFORMATION:
Background
On August 2, 1999, the Department initiated, and the Commission
instituted, sunset reviews (64 FR 41915) of the antidumping duty order
on uranium from Ukraine and the agreement suspending the antidumping
duty investigation on uranium from Uzbekistan. As a result of its
reviews, the Department found that revocation of the antidumping duty
order and termination of the suspended antidumping duty investigation
would likely lead to continuation or recurrence of dumping, and
notified the Commission of the magnitude of the margins were the order
revoked and suspension agreement terminated.
On August 9, 2000, the Commission determined, pursuant to section
751(c) of the Act, that revocation of the antidumping duty order on
uranium from Ukraine and the termination of the suspended antidumping
duty investigation on uranium from Uzbekistan would not be likely to
lead to continuation or recurrence of material injury to an industry in
the United States within a reasonably foreseeable time. See ITC Final
Results, 65 FR 48734, and USITC Publication 3334 (August 2000),
Investigation Nos. 731-TA-539-C, E and F (Review).
[[Page 50960]]
Scope of the Order and Suspension Agreement
Ukraine
The merchandise subject to this antidumping duty order includes
Ukrainian 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 U235 and its compounds; alloys, dispersions
(including cermets), ceramic products and mixtures containing uranium
enriched in U235 or compounds or uranium enriched in
U235. Low enriched uranium (``LEU'') is included within the
scope of the order; highly enriched uranium (``HEU'') is not. LEU is
uranium enriched in U235 to a level of up to 20 percent,
while HEU is uranium enriched in U235 to a level of 20
percent or more. The uranium subject to this order is provided for
under subheadings 2612.10.00.00, 2844.10.10.00, 2844.10.20.10,
2844.10.20.25, 2844.10.20.50, 2844.10.20.55, 2844.10.50.00,
2844.20.00.10, 2844.20.00.20, 2844.20.00.30, and 2844.20.00.50 of the
Harmonized Tariff Schedule of the United States (``HTSUS'').\1\
Although the above HTSUS subheadings are provided for convenience and
customs purposes, the written description remains dispositive.
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\1\ See Preliminary Determination of Sales at Less Than Fair
Value: Uranium from Kazakhstan, Kyrgyzstan, Russia, Tajikistan,
Ukraine and Uzbekistan; and Preliminary Determination of Sales at
Not Less Than Fair Value: Uranium from Armenia, Azerbaijan,
Byelarus, Georgia, Moldova and Turkmenistan, 57 FR 23380, 23381
(June 3, 1992).
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The Department clarified, in the scope of the order, that:
``milling'' or ``conversion'' performed in a third country does not
change the country of origin for the purposes of this order. Milling
consists of processing uranium ore into uranium concentrate. Conversion
consists of transforming uranium concentrate into natural uranium
hexafluoride (UF6). Since milling or conversion does not
change the country of origin, uranium ore or concentrate of Ukrainian
origin that is subsequently milled and/or converted in a third country
will still be considered of Ukrainian origin and subject to antidumping
duties (58 FR 45483, August 30, 1993).
Uzbekistan
According to the June 3, 1992, preliminary determination, the
suspended investigation included 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 compound;
uranium enriched in U235 and its compounds; alloys
dispersions (including cermets), ceramic products and mixtures
containing uranium enriched in U235 or compounds or uranium
enriched in U235; and any other forms of uranium within the
same class or kind (57 FR 23381, 23382 (June 3, 1992)). The uranium
subject to these investigations was provided for under HTSUS
subheadings 2612.10.00.00, 2844.10.10.00, 2844.10.20.10, 2844.10.20.25,
2844.10.20.50, 2844.10.20.55, 2844.10.50, 2844.20.00.10, 2844.20.00.20,
2844.20.00.30, and 2844.20.00.50. Id. In addition, the Department
preliminarily determined that HEU was not covered within the scope of
the investigation, and that the subject merchandise constituted a
single class or kind of merchandise.
On October 30, 1992, the Department issued a suspension of the
antidumping duty investigation of uranium from Uzbekistan and an
amendment of the preliminary determination.\2\ The notice amended the
scope of the investigation to include HEU.\3\ The suspension agreement
provided that uranium ore from Uzbekistan 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 Uzbekistan and is subject to
the terms of the Agreement.\4\ Further, uranium enriched in
U235 in another country prior to direct and/or indirect
importation into the United States was not considered uranium from
Uzbekistan and was not subject to the terms of the suspension
agreement.\5\ In this suspension agreement, imports of uranium ores and
concentrates, natural uranium compounds, and all forms of enriched
uranium are classifiable under 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 were classifiable
under HTSUS subheadings 2844.10.10 and 2844.44.10.50.
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\2\ See Antidumping; Uranium from Kazakhstan, Kyrgyszstan,
Russia, Tajikistan, Ukraine, and Uzbekistan; Suspension of
Investigations and Amendment of Preliminary Determinations, 57 FR
49220 (October 30, 1992).
\3\ Id. at 49221.
\4\ Id. at 49255.
\5\ Id.
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On October 13, 1995, the Department issued an amendment to the
suspension agreement on uranium from Uzbekistan. Among other things,
this amendment modified the agreement to include Uzbek uranium enriched
in a third country prior to importation into the United States.
Determination
As a result of the determinations by the Commission that revocation
of the antidumping duty order on uranium from Ukraine and the
termination of the suspended antidumping duty investigation on uranium
from Uzbekistan would not be likely to lead to continuation or
recurrence 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 revocation of the antidumping duty order on uranium from
Ukraine and the termination of the suspended antidumping duty
investigation on uranium from Uzbekistan. The Department will instruct
the Customs Service to discontinue suspension of liquidation and
collection of cash deposits on entries of subject merchandise entered
or withdrawn from warehouse on or after January 1, 2000 (the effective
date). The Department will complete any pending administrative reviews
of this order and suspension agreement and will conduct administrative
reviews of subject merchandise entered prior to the effective date of
revocation and termination, respectively, in response to appropriately
filed requests for review.
Dated: August 16, 2000.
Troy H. Cribb,
Acting Assistant Secretary for Import Administration.
[FR Doc. 00-21395 Filed 8-21-00; 8:45 am]
BILLING CODE 3510-DS-P