Notice2022-28532
Uranium From the Russian Federation; Final Results of the Expedited Fifth Sunset Review of the Suspension Agreement
Primary source
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Published
January 3, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
As a result of this sunset review, the U.S. Department of Commerce (Commerce) finds that termination of the Agreement Suspending the Antidumping Investigation on Uranium from the Russian Federation (Agreement) and the suspended antidumping duty investigation would be likely to lead to continuation or recurrence of dumping at the levels indicated in the "Final Results of Review" section of this notice.
Full Text
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<title>Federal Register, Volume 88 Issue 1 (Tuesday, January 3, 2023)</title>
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[Federal Register Volume 88, Number 1 (Tuesday, January 3, 2023)]
[Notices]
[Pages 61-63]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-28532]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-821-802]
Uranium From the Russian Federation; Final Results of the
Expedited Fifth Sunset Review of the Suspension Agreement
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: As a result of this sunset review, the U.S. Department of
Commerce (Commerce) finds that termination of the Agreement Suspending
the Antidumping Investigation on Uranium from the Russian Federation
(Agreement) and the suspended antidumping duty
[[Page 62]]
investigation would be likely to lead to continuation or recurrence of
dumping at the levels indicated in the ``Final Results of Review''
section of this notice.
DATES: Applicable January 3, 2023.
FOR FURTHER INFORMATION CONTACT: Sally C. Gannon or Jill Buckles,
Enforcement and Compliance, International Trade Administration, U.S.
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC
20230; telephone: (202) 482-0162 or (202) 482-6230, respectively.
SUPPLEMENTARY INFORMATION:
Background
On September 1, 2022, Commerce initiated the fifth sunset review of
the suspended antidumping duty investigation on uranium from the
Russian Federation (Russia), pursuant to section 751(c) of the Tariff
Act of 1930, as amended (the Act).\1\ Commerce received notices of
intent to participate in this sunset review from Louisiana Energy
Services, LLC (LES); Ur-Energy USA Inc (Ur-Energy); Energy Fuels
Resources (USA) Inc. (Energy Fuels); Power Resources, Inc. and Crow
Butte Resources, Inc. (PRI and Crow Butte); ConverDyn; Global Laser
Enrichment, LLC (GLE); Uranium Producers of America (UPA); and Centrus
Energy Corp. and United States Enrichment Corporation (collectively,
Centrus) between September 12, 2022, and September 16, 2022, within the
applicable deadline specified in section 351.218(d)(1)(i) of Commerce's
regulations. Each claimed interested party status under section 771(9)
of the Act as producers of the domestic like product, importers of such
merchandise, or as a trade association whose members manufacture a
domestic like product.
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\1\ See Initiation of Five-Year (Sunset) Reviews, 87 FR 53727
(September 1, 2022).
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Commerce received adequate substantive responses from LES, PRI and
Crow Butte, GLE, UPA, Centrus, and Constellation Energy Generation, LLC
within the 30-day deadline specified in Commerce's regulations under
section 351.218(d)(3)(i). Ur-Energy and Energy Fuels submitted their
substantive responses very shortly after the 5:00 p.m. time limit on
the due date, and Commerce subsequently extended the time limit and
accepted these responses for good cause pursuant to 19 CFR 351.302(b).
Commerce did not receive a substantive response from any respondent
interested party. As a result, Commerce conducted an expedited (120-
day) sunset review, in accordance with 19 CFR
351.218(e)(1)(ii)(C)(2).\2\
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\2\ See Commerce's Letter, ``Sunset Reviews Initiated on
September 1, 2022,'' dated October 25, 2022.
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Scope of the Agreement
The product covered by the Agreement is natural uranium in the form
of uranium ores and concentrates; natural uranium metal and natural
uranium compounds; alloys, dispersions (including cermets), ceramic
products, and mixtures containing natural uranium or natural uranium
compounds; uranium enriched in U\235\ and its compounds; alloys,
dispersions (including cermets), ceramic products, and mixtures
containing uranium enriched in U\235\ or compounds of uranium enriched
in U\235\; and any other forms of uranium within the same class or
kind.
Uranium ore from Russia that is milled into
U<INF>3</INF>O<INF>8</INF> and/or converted into UF<INF>6</INF> in
another country prior to direct and/or indirect importation into the
United States is considered uranium from Russia and is subject to the
terms of this Agreement.
For purposes of this Agreement, uranium enriched in U\235\ or
compounds of uranium enriched in U\235\ in Russia are covered by this
Agreement, regardless of their subsequent modification or blending.
Uranium enriched in U\235\ in another country prior to direct and/or
indirect importation into the United States is not considered uranium
from Russia and is not subject to the terms of this Agreement. \3\
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\3\ The second amendment of two amendments to the Suspension
Agreement effective on October 3, 1996, in part included within the
scope of the Suspension Agreement for Russian uranium which had been
enriched in a third country prior to importation into the United
States. According to the amendment, this modification remained in
effect until October 3, 1998. See Amendments to the Agreement
Suspending the Antidumping Investigation on Uranium from the Russian
Federation, 61 FR 56665, 56667 (November 4, 1996).
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HEU is within the scope of the underlying investigation, and HEU is
covered by this Agreement. For the purpose of this Agreement, HEU means
uranium enriched to 20 percent or greater in the isotope uranium-235.
Imports of uranium ores and concentrates, natural uranium
compounds, and all forms of enriched uranium are currently classifiable
under the Harmonized Tariff Schedule of the United States (HTSUS)
subheadings: 2612.10.00, 2844.10.20, 2844.20.00, respectively. Imports
of natural uranium metal and forms of natural uranium other than
compounds are currently classifiable under HTSUS subheadings:
2844.10.10 and 2844.10.50. HTSUS subheadings are provided for
convenience and Customs purposes. The written description of the scope
of this proceeding is dispositive.
Analysis of Comments Received
All issues raised in this sunset review, including the likelihood
of continuation or recurrence of dumping and the magnitude of the
margin of dumping likely to prevail if the Agreement is terminated, are
addressed in the accompanying Issues and Decision Memorandum.\4\ The
Issues and Decision Memorandum is a public document and is on file
electronically via Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System (ACCESS).
ACCESS is available to registered users at <a href="https://access.trade.gov">https://access.trade.gov</a>. A
list of topics discussed in the Issues and Decision Memorandum is
included as an appendix to this notice. A complete version of the
Issues and Decision Memorandum can be accessed directly at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
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\4\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Fifth Sunset Review of the Agreement Suspending
the Antidumping Investigation on Uranium from the Russian
Federation,'' dated concurrently with, and hereby adopted by, this
notice (Issues and Decision Memorandum).
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Final Results of Review
Pursuant to section 752(c) of the Act, Commerce determines that
termination of the Agreement and suspended investigation on uranium
from Russian would likely lead to continuation or recurrence of dumping
at a margin of up to 115.82 percent.
Administrative Protective Order
This notice also serves as the only reminder to parties subject to
an administrative protective orders (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305. Timely written
notification of the return or destruction of APO materials or
conversion to judicial protective order is hereby requested. Failure to
comply with the regulations and terms of an APO is a violation subject
to sanction.
Notification to Interested Parties
We are issuing and publishing these results and notice in
accordance with sections 751(c), 752(c), and 777(i)(1) of the Act and
19 CFR 351.218.
[[Page 63]]
Dated: December 27, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix--List of Topics Discussed in the Issues and Decision
Memorandum
I. Summary
II. Background
III. Scope of the Agreement
IV. History of the Agreement
V. Legal Framework
VI. Discussion of the Issues
1. Likelihood of Continuation or Recurrence of Dumping
2. Magnitude of Margin Likely to Prevail
VII. Final Results of Expedited Review
VIII. Recommendation
[FR Doc. 2022-28532 Filed 12-30-22; 8:45 am]
BILLING CODE 3510-DS-P
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