[Federal Register Volume 62, Number 194 (Tuesday, October 7, 1997)]
[Notices]
[Page 52322]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-26549]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-821-802]
Agreement Suspending the Antidumping Investigation on Uranium
From the Russian Federation
AGENCY: Import Administration, International Trade Administration,
Department of Commerce
ACTION: Request for Comments.
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SUMMARY: The Department of Commerce is hereby providing interested
parties an opportunity to comment on proposed procedures to administer
and enforce the uranium transfer provisions of Section 3112 of the USEC
Privatization Act. All comments are due to the Department of Commerce
within 30 days of publication of this notice.
EFFECTIVE DATE: October 7, 1997.
FOR FURTHER INFORMATION CONTACT: James Doyle or Karla Whalen, AD/CVD
Enforcement Group III, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, N.W., Washington, DC 20230, telephone: (202) 482-
0159 or (202) 482-0408, respectively.
Background: On April 26, 1996, the USEC Privatization Act was
signed into law (Pub. L. 104-134, 42 USC 2297(h) et seq.). In part, the
USEC Privatization Act provides for the measured delivery into the
United States market of the natural uranium component of highly
enriched uranium (HEU) imported pursuant to the Agreement Between the
Government of the United States of America and the Government of the
Russian Federation Concerning the Disposition of Highly Enriched
Uranium Extracted from Nuclear Weapons, dated February 18, 1993.
Pursuant to Section 3112(b)(9) of the USEC Privatization Act, the
Department of Commerce (the Department) is responsible for the
administration and enforcement of the limitations set forth in Section
3112 of the USEC Privatization Act.
Opportunity to Submit Comments: The Department is preparing
procedures to administer and enforce the limitations on the delivery of
the natural uranium associated with imports of low enriched uranium
(LEU) derived from HEU according to the restrictions in the USEC
Privatization Act and the Agreement Suspending the Antidumping
Investigation on Uranium from the Russian Federation (Suspension
Agreement). The specific elements of the proposal are included in the
attached Annex.
Prior to reaching a final decision on this issue, the Department is
providing an opportunity for full participation on the record to
parties wishing to comment. Accordingly, not later than 30 days from
the date of publication of this notice, parties may submit comments
with respect to the attached procedures which will govern the
administration and enforcement of the limitations set worth in Section
3112 of the USEC Privatization Act. Six copies of the comments should
be submitted to: Secretary of Commerce, Import Administration, Central
Records Unit, Room 1870, U.S. Department of Commerce, 14th Street and
Constitution Avenue, N.W., Washington, DC 20230. All comments provided
to the Department in response to this notice will be subject to release
under Administrative Protective Order (APO) in accordance with 19 CFR
353.32. Therefore, all comments must properly identify information the
submitter would like treated as business proprietary, and be
accompanied by a properly bracketed public version. The Department will
meet with interested parties upon request to explain the proposed
procedures contained in the Annex to this notice. Any party uncertain
of the proper procedures for filing under APO may contact the
Department for further information and assistance.
Dated: October 1, 1997.
Joseph A. Spetrini,
Deputy Assistant Secretary for Group III.
Annex
Proposed Procedures For The Sale And Delivery Of The Natural
Uranium Feed Component Of Highly Enriched Uranium Entries
These following proposed procedures have been developed pursuant
to the Department's authority to administer and enforce the
limitations set forth in Section 3112(b)(9) of the USEC
Privatization Act. To avoid confusion, the Department intends to
follow procedures established under the Suspension Agreement, as
closely as possible.
Submission of Contracts
Matched sales utilizing natural uranium associated with
LEU imports derived from HEU (the natural uranium component),
pursuant to Section 3112(b)(6) of the Act, will be reviewed and
approved according to current existing matched sales procedures. The
matched sales procedures and appropriate definitions are contained
in the Amendment to the Suspension Agreement (59 FR 15373 (April 1,
1994)) and related Statements of Administrative Intent which are
available by contacting the Department personnel listed above.
All contracts for the sale of the natural uranium
component between any parties must be submitted to the Department.
Allocation of Natural Uranium Component According to Available
Direct Delivery Quota
The Department believes that allocating the delivery quota
available under section 3112(b) of the USEC Privatization Act will
contribute to the efficient and equitable administration of the
delivery schedule set forth in subsection 3112(b)(5) of the USEC
Privatization Act. The Department intends to use the following
approach to allocate the delivery quotas.
The Department will allocate a portion of the quota to
a party only upon receipt of submitted contracts and confirmation by
the Department on a first-come first-served basis.
The Department will determine the amount of quota used
by a given contract by applying the maximum annual deliveries
(including allowed flexibilities) under the contract to the
remaining quota available for each of the appropriate delivery
years.
Consistent with Section 3112(b)(5) of the USEC
Privatization Act, all requests submitted to the Department for
confirmation must contain, in addition to the contract, a statement
from the end-user certifying that the material will be delivered
solely for consumption in the United States.
Monitoring and Enforcement
The Department will strictly monitor and verify the
movement of the natural uranium component between accounts.
The Department will require that account balances be
documented to the Department on a quarterly basis.
The Department reserves the right to conduct on-site
verifications of documentation reflecting natural uranium component
transactions.
Procedures customarily applied to imports of CIS-origin
uranium will also apply to all physical imports into the United
States of the natural uranium component.
Please also comment on the following:
Should the Ministry of Atomic Energy of the Russian
Federation license the material authorizing delivery for its
intended use, in accordance with section 3112(b)(5) of the USEC
Privatization Act?
Should the Department directly monitor or approve every
transfer of natural uranium component-related material between
companies' accounts?
[FR Doc. 97-26549 Filed 10-6-97; 8:45 am]
BILLING CODE 3510-DS-P
