Notice2023-07625
Uranium From the Russian Federation: Continuation of Suspension of Antidumping Investigation
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
April 12, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
As a result of determinations by the U.S. Department of Commerce (Commerce) that termination of the Agreement Suspending the Antidumping Investigation on Uranium from the Russian Federation (Agreement) and the suspended investigation on uranium from the Russian Federation (Russia) would likely lead to continuation or recurrence of dumping, and by the U.S. International Trade Commission (ITC) that termination of the suspended investigation would likely lead to material injury to an industry in the United States, Commerce is publishing this notice of continuation of the Agreement.
Full Text
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<title>Federal Register, Volume 88 Issue 70 (Wednesday, April 12, 2023)</title>
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[Federal Register Volume 88, Number 70 (Wednesday, April 12, 2023)]
[Notices]
[Pages 21973-21974]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-07625]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-821-802]
Uranium From the Russian Federation: Continuation of Suspension
of Antidumping Investigation
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: As a result of determinations by the U.S. Department of
Commerce (Commerce) that termination of the Agreement Suspending the
Antidumping Investigation on Uranium from the Russian Federation
(Agreement) and the suspended investigation on uranium from the Russian
Federation (Russia) would likely lead to continuation or recurrence of
dumping, and by the U.S. International Trade Commission (ITC) that
termination of the suspended investigation would likely lead to
material injury to an industry in the United States, Commerce is
publishing this notice of continuation of the Agreement.
DATES: Applicable April 12, 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\ On the basis of the notice of
intent to participate and adequate substantive responses filed by
domestic interested parties and the lack of response from any
respondent interested party, Commerce conducted an expedited (120-day)
sunset review, in accordance with 19 CFR 351.218(e)(1)(ii)(C)(2).\2\ As
a result of its review, Commerce determined that termination of the
Agreement and suspended antidumping duty investigation on uranium from
Russia would lead to a continuation or recurrence of dumping and
notified the ITC of the magnitude of the margins likely to prevail,
should the Agreement be terminated.\3\ On April 6, 2023, pursuant to
section 751(c) of the Act, the ITC published its determination that
termination of the suspended antidumping duty investigation on uranium
from Russia would be likely to lead to continuation or recurrence of
material injury to an industry in the United States within a reasonably
foreseeable time.\4\
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\1\ See Initiation of Five-Year (Sunset) Reviews, 87 FR 53727
(September 1, 2022).
\2\ See Commerce's Letter, ``Sunset Reviews Initiated on
September 1, 2022,'' dated October 25, 2022.
\3\ See Uranium from the Russian Federation; Final Results of
the Expedited Fifth Sunset Review of the Suspension Agreement, 88 FR
61 (January 3, 2023).
\4\ See Uranium from Russia, 88 FR 20553 (April 6, 2023)
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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.\5\
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\5\ The second amendment of two amendments to the Agreement
effective on October 3, 1996, in part included within the scope of
the 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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[[Page 21974]]
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.
Continuation of Suspension of Investigation
As a result of the respective determinations by Commerce and the
ITC that termination of the Agreement and suspended antidumping duty
investigation on uranium from Russia would likely lead to continuation
or recurrence of dumping and material injury to an industry in the
United States, consistent with section 751(d)(2) of the Act, Commerce
hereby gives notice of the continuation of the Agreement. The effective
date of continuation will be the date of publication in the Federal
Register of this notice of continuation. Pursuant to Section XII.A of
the Agreement, Commerce intends to initiate the next sunset review of
the Agreement in 2028.
Administrative Protective Order
This notice also serves as the only reminder to parties subject to
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.
Dated: April 6, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2023-07625 Filed 4-11-23; 8:45 am]
BILLING CODE 3510-DS-P
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