99-12155. Procedures for Delivery of HEU Natural Uranium Component in the United States  

  • [Federal Register Volume 64, Number 92 (Thursday, May 13, 1999)]
    [Notices]
    [Pages 25867-25871]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 99-12155]
    
    
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    DEPARTMENT OF COMMERCE
    
    International Trade Administration
    [A-821-802]
    
    
    Procedures for Delivery of HEU Natural Uranium Component in the 
    United States
    
    AGENCY: Import Administration, International Trade Administration, U.S. 
    Department of Commerce.
    
    ACTION: Request for Comments.
    
    -----------------------------------------------------------------------
    
    SUMMARY: The Department of Commerce is hereby providing interested 
    parties an opportunity to comment on the latest draft Revision of the 
    Procedures for Delivery of HEU Natural Uranium Component in the United 
    States. All comments are due, by close of business, to the Department 
    of Commerce seven (7) days from the date of publication of this notice.
    
    EFFECTIVE DATE: May 13, 1999.
    
    FOR FURTHER INFORMATION CONTACT: James C. Doyle, Karla Whalen, or 
    Juanita H. Chen, Enforcement Group III, Office VII, Import 
    Administration, International Trade Administration, U.S. Department of 
    Commerce, 1401 Constitution Avenue, NW, Washington, DC 20230, at 
    telephone: 202-482-3793.
    
    Background
    
        As set forth in the USEC Privatization Act, the Department of 
    Commerce (``the Department'') has the responsibility for the 
    administration and enforcement of the HEU Agreement. Pursuant to this 
    Act, the Department established the Procedures for Delivery of HEU 
    Natural Uranium Component in the United States (``HEU Procedures'') (63 
    FR 36391, July 6, 1998) to enforce the USEC Privatization Act mandate. 
    After requesting comments from parties on necessary or desirable 
    changes to the HEU Procedures (63 FR 54108, October 8, 1998), the 
    Department determined that revision and clarification of the HEU 
    Procedures were warranted. Revised HEU Procedures were published on 
    March 26, 1999, and parties were again invited to comment on necessary 
    or desirable changes (64 FR 14697, March 26, 1999). As the Department 
    has made substantive changes, in part as a result of parties' comments, 
    the Department has determined that comments on this latest revision of 
    the HEU Procedures are again appropriate.
    
    Opportunity to Submit Comments
    
        Parties wishing to comment on this latest revision of the HEU 
    Procedures have the opportunity to participate on the record. Parties 
    may submit comments with respect to these revised HEU Procedures by 
    close of business seven (7) days from publication of this notice. Seven 
    copies of the comments should be submitted to: Import Administration, 
    Central Records Unit, Room 1870, U.S. Department of Commerce, 14th 
    Street and Constitution Avenue, NW, Washington, DC 20230, Attention: 
    Roland L. MacDonald.
        All comments provided to the Department in response to this notice 
    will be subject to release under the Freedom of Information Act 
    (``FOIA''), 5 U.S.C. 552, et seq. (1998).
    
        Dated: May 7, 1999.
    Joseph A. Spetrini,
    Deputy Assistant Secretary, Enforcement Group III.
    
    Draft Revised Procedures for Delivery of HEU Natural Uranium 
    Component in the United States
    
        The United States Enrichment Corporation Privatization Legislation, 
    42 U.S.C. 2297h, et seq. (``USEC Privatization Act''), directs the 
    Secretary of Commerce to administer and enforce Russian origin uranium 
    delivery limitations set forth in 42 U.S.C. 2297h-10(b)(5). 
    Accordingly, the U.S.
    
    [[Page 25868]]
    
    Department of Commerce (``Department'') is implementing Sec. 2297h-10 
    of the USEC Privatization Act by issuing these revised HEU Procedures. 
    The authority to implement the HEU Procedures does not derive from the 
    Tariff Act of 1930, as amended. Therefore, these revised HEU Procedures 
    are not subject to the Agreement Suspending the Antidumping 
    Investigation on Uranium from the Russian Federation (``Russian 
    Suspension Agreement''), 57 FR 79235 (October 30, 1992), as amended.
    
    A. Coverage
    
        The uranium covered by these revised HEU Procedures is the 
    U3 0 8 or UF6 component of the low-
    enriched uranium derived from the highly enriched uranium (``HEU'') 
    taken from dismantled nuclear warheads, deemed under United States law 
    for all purposes to be of Russian origin, and delivered to the Russian 
    Executive Agent pursuant to the USEC Privatization Act (``HEU Natural 
    Uranium Component'').
    
    B. Definitions
    
        1. Account Administrator--means the party that administers an 
    account into which the Russian Executive Agent or a Designated Agent 
    takes delivery of, and provides account balance information for, the 
    HEU Natural Uranium Component prior to its sale pursuant to the USEC 
    Privatization Act.
        2. Annual Maximum Deliveries--means the delivery limitations to 
    End-Users as set forth at 42 U.S.C. 2297h--10(b)(5):
    
                     Annual Maximum Deliveries to End-Users
    ------------------------------------------------------------------------
                                                                  (Millions
                               Year:                              lbs. U3O8
                                                                 equivalent)
    ------------------------------------------------------------------------
                      1998                                                 2
                      1999                                                 4
                      2000                                                 6
                      2001                                                 8
                      2002                                                10
                      2003                                                12
                      2004                                                14
                      2005                                                16
                      2006                                                17
                      2007                                                18
                      2008                                                19
                      2009 and each year thereafter                       20
    ------------------------------------------------------------------------
    
        3. Consumption--means for use as nuclear fuel.
        4. Designated Agent--means any party that has been authorized by 
    the Ministry of Atomic Energy of the Russian Federation (``MINATOM'') 
    to sell the HEU Natural Uranium Component.
        5. Designated Agent's Account--means the account held in the name 
    of the Designated Agent, into which only the HEU Natural Uranium 
    Component is delivered prior to its transfer pursuant to the USEC 
    Privatization Act.
        6. End-User--means an entity that purchases natural uranium for 
    consumption in a nuclear reactor in the United States, owned or 
    operated by itself or a parent, subsidiary, or other entity under 
    common ownership or control.
        7. Executive Agent--means either the United States or Russian 
    Federation executive agent with the authority to implement 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 
    19, 1993.
        8. Secretary--means the Secretary of Commerce or a designee. The 
    Secretary has responsibility for the administration and enforcement of 
    the limitations set forth in 42 U.S.C. 2297h-10(b)(5).
        9. U3 O8 to (UF6 Conversion--1 KgU 
    in UF6 2.61283 lbs. U.308
        10. Verification--The process by which the Department examines the 
    records of the party that provided the information being examined, and 
    interviews company personnel who prepared such information and who are 
    familiar with the sources of the data in the information, in order to 
    establish the adequacy and accuracy of submitted information.
        11. Importer of Record--means the person by whom, or for whose 
    account, subject merchandise is imported.
    
    C. Record Procedures and Commercial Confidentiality
    
        1. Public Record and Access
        a. HEU Record: A separate record for documents and information 
    generated under the HEU Procedures shall be created under the 
    identifying title ``HEU File'' and maintained in the Central Records 
    Unit.
        b. Central Records Unit: Import Administration's Central Records 
    Unit is located at B-099, U.S. Department of Commerce, Pennsylvania 
    Avenue and 14th Street, NW, Washington, DC 20230. The office hours of 
    the Central Records Unit are between 8:30 A.M. and 5:00 P.M. on 
    business days.
        c. The Central Records Unit is responsible for maintaining a public 
    and an official record for the HEU File. The public record will consist 
    of all material contained in the official record that the Secretary 
    determines is subject to release under the Freedom of Information Act 
    (``FOIA''), 5 U.S.C. 552, et seq. (1998), and disclosed to the general 
    public in the Central Records Unit. The Secretary will charge an 
    appropriate fee for providing copies of documents. The official record 
    will contain the foregoing information and information for which the 
    submitter has claimed an exemption to release under FOIA. Such official 
    record will be accessible only to authorized Commerce Department 
    employees.
        d. FOIA Release and Treatment of Commercial and Financial 
    Information: Documents submitted to the Department are fully releasable 
    under FOIA, unless a party claims protection from release under a FOIA 
    exemption. A party making a submission may not claim its own identity 
    as protected from release under FOIA. In order to claim protection from 
    release, a party must specify the appropriate exemption applicable to 
    the information which the party seeks to protect from release, and 
    bracket such information. See Sec. 4.7 of the Department's FOIA 
    regulations, set forth in 15 C.F.R. part 4 (1998). If the information 
    in the submission is protected from release under an exemption to FOIA, 
    the party submitting such documentation may provide a releasable public 
    version along with the non-releasable version. Further information on 
    FOIA may be accessed at http://www.usdoj.gov/foia.
        e. Interim Record: The Department will create the public record of 
    the HEU File. Within 90 days from publication of the final revised HEU 
    Procedures, the Department will provide to parties that have already 
    submitted information to the Department, pursuant to the January 7, 
    1998 HEU Procedures, the opportunity to claim that documents are exempt 
    from release under FOIA and to create releasable versions of said 
    documents. The Department will also transfer any documentation relating 
    to the HEU Procedures from the record for the Russian Suspension 
    Agreement (A-821-802) to the HEU File, or will return such 
    documentation to the submitter, as appropriate.
        2. Record Submission Instructions
        a. Where to file: For the Department to consider a submission to 
    the record, persons must address and submit all documents to: The 
    Secretary of Commerce, Attention: Import Administration, Central 
    Records Unit, Room 1870, U.S. Department of Commerce, 14th Street and 
    Constitution Avenue, NW, Washington, DC 20230. Submissions may be made 
    between 8:30 AM and 5:00 PM on business days. Courtesy copies addressed 
    to the appropriate employee, and designating
    
    [[Page 25869]]
    
    the employee's mail stop room number, may be delivered to Room 1874 
    (Courier Delivery Entrance).
        b. Required Header Information: Any submission made to the HEU File 
    must contain the following information in the upper right hand corner 
    of the document in the order presented below:
    
    HEU File
    Number of Pages
    Fully Releasable under FOIA, or, Not Fully Releasable under FOIA
    Attn: Uranium Program, Room 7866
    
        c. Number of Copies: Each submission to the Department must be 
    accompanied by three copies of the submission. Where claim of exemption 
    from release under FOIA is made, the specific portion(s) of the 
    submission for which exemption is claimed must be clearly identified 
    when the submission is made. Upon receipt, the Central Records Unit 
    will stamp the official date of filing on the submission.
    
    D. Allocation of Annual Maximum Deliveries to End-Users
    
        The Department recognizes that MINATOM may allocate the Annual 
    Maximum Deliveries of HEU Natural Uranium Component among any 
    Designated Agent(s) which it authorizes to sell the HEU Natural Uranium 
    Component. For each Designated Agent receiving a delivery allocation, 
    MINATOM will issue a certificate identifying such Designated Agent, the 
    duration of time for which the allocation is valid, and the maximum 
    annual amount to be delivered under that certificate. The 
    certificate(s) will also contain a statement that the material to be 
    delivered to the Designated Agent may be sold in the United States in 
    accordance with 42 U.S. C. 2297h-10. No such certificate shall be valid 
    and effective until such time as the Department receives a copy of such 
    certificate. The cumulative quantities authorized by all such 
    certificates for each year may not exceed the Annual Maximum Deliveries 
    for such year.
    
    E. Re-allocation
    
        Annual deliveries allocated to a Designated Agent may be re-
    allocated to any other Designated Agent or to MINATOM within the same 
    annual period subject to the Annual Maximum Deliveries, provided that 
    MINATOM submits to the Department a copy of the amended and/or 
    terminated certificate(s) from which annual delivery allocation is to 
    be withdrawn and a copy of the new certificate(s) re-allocating annual 
    delivery allocation.
    
    F. Delivery Forfeit and Flexibility
    
        On December 31 of each year, any portion of the Annual Maximum 
    Deliveries not delivered in that year will be forfeited. In the 
    unlikely event that there are transfer, transportation, or other 
    difficulties beyond the control of the Designated Agent, the Department 
    may provide for a 30 day grace period to complete the delivery. The 
    Department must be notified in writing of a request for a 30 day grace 
    period, detailing the reasons for the delivery delay.
    
    G. Swaps, Exchanges, Loans, or Resales of Material
    
        1. Swaps, Exchanges or Loans: Swaps, exchanges or loans of HEU 
    Natural Uranium Component may be conducted solely for the purpose of 
    facilitating delivery, further processing, and end-use as nuclear fuel. 
    Notification of such permitted swaps, exchanges, or loans is required 
    to be provided to the Department at the time of the transactions, in 
    the format set forth in Attachment One; however, no prior approval by 
    the Department is required to proceed. Examples of such permitted 
    swaps, exchanges, or loans are those designed to avoid transportation 
    costs. The Department considers swaps, exchanges, or loans that will 
    result in sales for Consumption in the United States, directly or 
    indirectly, in excess of the Annual Maximum Deliveries to be 
    circumvention. Swaps, exchanges or loans are subject to verification by 
    the Department at any time and at its discretion.
        2. Resale.
        a. The Department will permit End-Users to resell the HEU Natural 
    Uranium Component. If the HEU Natural Uranium Component is resold, the 
    End-User (or any other entity) making the resale must notify the 
    Department of the date of the resale, the entity to whom it was sold, 
    and the volume resold, in the format provided in Attachment One; 
    however, no prior approval by the Department is required to proceed.
        b. If an End-User resells the HEU Natural Uranium Component to any 
    party other than another End-User, the material must be held in a 
    separate account and quarterly reports on the account balance, in the 
    format provided in Attachment Two, are required from the purchaser of 
    the resold material. The material must be tracked in a separate 
    account, and quarterly reports on the account balance must be provided 
    for all subsequent resales except those to an End-User.
        c. An End-User may purchase HEU Natural Uranium Component on re-
    sale only from another End-User or an entity utilizing a separate 
    account and providing quarterly reports to the Department as noted in 
    Paragraph H.2.b. above.
        d. Resales remain subject to the requirements of Sec. 2297h-10 of 
    the USEC Privatization Act, these HEU Procedures, and are also subject 
    to verification by the Department at any time and at its discretion.
    
    H. Post-Delivery Notification
    
        For all deliveries of HEU Natural Uranium Component, Designated 
    Agents must submit to the Department, within ten (10) days of receipt, 
    copies of all delivery confirmations provided to the Designated Agents 
    from the appropriate Account Administrator. Such confirmations must 
    contain the identity of the account holders from and to which the 
    material was transferred, the quantity transferred, the contract number 
    pursuant to which such delivery is made, and the date of delivery.
    
    I. Quarterly Reports
    
    1. Designated Agents
        Designated Agents must submit for the HEU File quarterly reports 
    and certifications detailing all activity relating to the movement of 
    HEU Natural Uranium Component into and out of their respective 
    accounts, in the format set forth in Attachment Two. These reports must 
    be submitted on May 1, August 1, November 1, and February 1 of each 
    year for the quarters ending March 31, June 30, September 30, and 
    December 31, respectively.
    2. Account Administrators
        Account Administrators must submit quarterly reports regarding the 
    accounts holding the HEU Natural Uranium Component, in the format set 
    forth in Attachment Three. These reports must be submitted on May 1, 
    August 1, November 1, and February 1 of each year for the quarters 
    ending March 31, June 30, September 30, and December 31, respectively.
    
    J. Verification
    
        The Department reserves the right to verify any information 
    submitted to the Department relating to deliveries under the USEC 
    Privatization Act. Furthermore, the Department may restrict future 
    deliveries from any account in which the reported activity is found to 
    be in violation of these revised HEU Procedures and/or the Annual 
    Maximum Deliveries if such violations are not rectified to the 
    satisfaction of the Department and MINATOM.
    
    [[Page 25870]]
    
    K. Consultations
    
        Upon request, MINATOM and the Department will hold consultations 
    subsequent to the filing of the quarterly reports due February 1 of 
    each year for the purpose of exchanging/reviewing all data pertaining 
    to deliveries of HEU Natural Uranium Component under these revised HEU 
    Procedures during the previous year. Consultations may be held at other 
    times as necessary.
    
    L. Re-Importation Requirements 1
    
        1. HEU Natural Uranium Component previously sold to an End-User, 
    exported from the United States for further processing, and 
    subsequently re-imported:
    ---------------------------------------------------------------------------
    
        \1\ The certifications required under this Paragraph are 
    independent of the general importer certification requirements of 
    the Agreements Suspending the Antidumping Duty Investigations on 
    Uranium, as amended (``the Agreements''). Certification number 3 on 
    Attachment Four (page two) and certification numbers 2 and 4 on 
    Attachment Five (page two) will continue to be required only to the 
    extent they are applicable. At such a time when the Agreements are 
    no longer in existence, the certifications required under this 
    Paragraph will be amended to reflect the absence of the Agreements.
    ---------------------------------------------------------------------------
    
        The End-user or its agent must submit a notification letter and 
    certifications as set forth in Attachment Four.
        2. HEU Natural Uranium Component sold for delivery outside the 
    territory of the United States to an End-User and subsequently imported 
    to be consumed by an End-User in accordance with Annual Maximum 
    Delivery Limitations:
        The End-User or its agent must submit a notification letter and 
    certifications as set forth in Attachment Four.
        3. HEU Natural Uranium Component sold for consumption outside the 
    United States to be imported into the United States for further 
    processing and exportation:
        The entity or importer of record must provide the information set 
    forth in Attachment Five. In addition, the owner of this material must 
    certify to the Department that the material will not be swapped, 
    exchanged, or loaned while in the United States and that it will not 
    (and has not) circumvented the Annual Maximum Delivery Limitations. The 
    owner must also provide the Department with the expected quantity 
    (U308 equivalent, less any processing losses) 
    that will be exported from the United States. There shall be no time or 
    quantity limitations on the import of HEU Natural Uranium Component 
    under this provision.
        4. In all cases noted above, the owner of the HEU Natural Uranium 
    Component or its agent must provide the Department with the required 
    information ten (10) days prior to its expected entry into the United 
    States. Within ten (10) days of receipt of the required information, 
    the Department shall provide the United States Customs Service with the 
    appropriate instructions to clear this shipment. The Department will 
    notify the importer of record of the issuance of such instructions.
    
    M. Enforcement
    
        If the Department finds that a Designated Agent has directly or 
    indirectly exceeded its delivery allocation, the Department will 
    require the Account Administrator or the appropriate entity to withhold 
    any further release of HEU Natural Uranium Component from the 
    Designated Agent's Account, until the issue has been satisfactorily 
    resolved among the Department, MINATOM, and the relevant Designated 
    Agent. The Department will notify both the Account Administrator and 
    the affected Designated Agent in writing of its enforcement action.
    
    N. Future Revisions
    
        Any future revisions to these HEU Procedures will be made only 
    after public notice in the Federal Register and an opportunity for 
    interested party comment.
    
    Attachment One--Swaps, Exchanges, Loans, and Resales Notification 
    Format
    
        For each swap, exchange, loan, or resale under a provision of 
    the HEU Procedures, provide the following information to the 
    Department:
        1. The quantity and origin(s) of the material.
        2. The location(s) of the transaction.
        3. The parties involved in the transaction.
        4. The purpose of the transaction.
    
    Attachment Two 2 Designated Agent Quarterly Report Form
    ---------------------------------------------------------------------------
    
        \2\ The Department will amend this certification to reflect 
    changes, if any, in the existence of the Agreement Suspending the 
    Antidumping Investigation on Uranium from the Russian Federation.
    ---------------------------------------------------------------------------
    
    Quarterly Delivery Report for (INSERT DATES AND DESIGNATED AGENT) 
    HEU Natural Uranium Component
    
    Beginning Balance (in U3O8 equivalent):----------
    
    --------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                          Quantity (in UF6 and       Transaction
              Transaction date               Delivered from           Delivered to          U3O8 equivalent)         description              Comments
    --------------------------------------------------------------------------------------------------------------------------------------------------------
     
     
     
    --------------------------------------------------------------------------------------------------------------------------------------------------------
    
    Ending Balance (in U3O8 equivalent):-------------
        (DESIGNATED AGENT) certifies that it holds an HEU Natural 
    Uranium Component account at (STATE NAME OF ENTITY(IES)) and that 
    all HEU Natural Uranium Component transferred from or into this 
    (these) account(s) during calendar quarter (INDICATE DATES) has been 
    transferred for one of the following reasons: (1) for use under an 
    approved matched sale under 42 U.S.C. Sec. 2297h-10(b) of the USEC 
    Privatization Act and Article IV of the Agreement Suspending the 
    Antidumping Investigation on Uranium from the Russian Federation, as 
    amended; (2) for use in overfeeding in U.S. enrichment facilities 
    pursuant to 42 U.S.C. Sec. 2297h-10(b)(7); (3) for delivery to a 
    United States End-User for Consumption, within the Annual Maximum 
    Deliveries set forth in the USEC Privatization Act, at 42 U.S.C. 
    Sec. 2297h-10(b)(5); (4) for export out of the United States; or (5) 
    for further processing on behalf of (NAME OF ENTITY).
        (DESIGNATED AGENT) further certifies that, for the time period 
    in which the material was in its possession or control, none of the 
    HEU Natural Uranium Component transferred from or into the 
    account(s) during the calendar quarter (INDICATE DATES) has been 
    loaned, swapped, exchanged or used in any arrangement that directly 
    or indirectly circumvents the limitations set forth in 42 U.S.C. 
    Sec. 2297h-10(b)(5) of the USEC Privatization Act, the Agreement 
    Suspending the Antidumping Investigation on Uranium from the Russian 
    Federation, as amended, or the Procedures for Delivery of HEU 
    Natural Uranium Component in the United States, as revised.
    
    Signature:-------------------------------------------------------------
    
    Printed Name:----------------------------------------------------------
    
    Title:-----------------------------------------------------------------
    
    Attachment Three--Account Administrator Quarterly Report Form
    
    Quarterly Report for (INSERT DATES AND ACCOUNT ADMINISTRATOR) HEU 
    Natural Uranium Component
    
    Beginning Balance (in U3O8 equivalent):
    
    [[Page 25871]]
    
    -----------------------------------------------------------------------
    
    --------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                          Quantity (in UF6 and       Transaction
              Transaction date               Delivered from           Delivered to          U3O8 equivalent)         description              Comments
    --------------------------------------------------------------------------------------------------------------------------------------------------------
     
     
     
    --------------------------------------------------------------------------------------------------------------------------------------------------------
    
    Ending Balance (in U3O8 equivalent):-------------
        (ACCOUNT ADMINISTRATOR) certifies that to the best of its 
    knowledge, the foregoing information is true and correct.
    
    Signature:-------------------------------------------------------------
    
    Printed Name:----------------------------------------------------------
    
    Title:-----------------------------------------------------------------
    
    Attachment Four (Page One)--Re-importation Notification Form and 
    Certifications
    
        TOPIC: Re-importation of Uranium under 42 U.S.C. Sec. 2297h-
    10(b)(5) of the USEC Privatization Act.
        Pursuant to Paragraph L of the Procedures for Delivery of HEU 
    Natural Uranium Component in the United States, as revised, we 
    hereby submit information describing the re-importation of Russian 
    origin uranium subject to the delivery limitations set forth in the 
    USEC Privatization Act, at 42 U.S.C. Sec. 2297h-10(b)(5):
    
    Export:
    
        2. Quantity of HEU Natural Uranium Component 
    (U3O8 equivalent) exported out of U.S.:
        3. Date of Export out of U.S. (if available):
    
    Re-Importation:
    
        1. (NUMBER) lbs. of U3O8 equivalent 
    contained in (NUMBER) KgU with enrichment assay (NUMBER) wt % and 
    tails assay (NUMBER) wt %, as applicable:
        2. Port of Re-Importation:
        3. Importer of Record:
        4. Planned Date of Re-Importation:
        5. End User:
        6. Vessel/Airline Name:
        Also, please find attached the importer of record declaration 
    regarding country of origin, anti-circumvention and qualification of 
    this material under 42 U.S.C. Sec. 2297h-10(b) of the USEC 
    Privatization Act. We also agree to verification of this information 
    if requested.
    
    Attachment Four (Page Two)--Importation Notification Form and 
    Certifications
    
     Certifications To U.S. Customs Service
    
        1. (END-USER or IMPORTER OF RECORD) hereby certifies that the 
    HEU Natural Uranium Component of the uranium being imported into the 
    United States is derived from Russian highly enriched uranium 
    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. The uranium being imported was converted in (INSERT 
    COUNTRY), and/or enriched in (INSERT COUNTRY) and/or fabricated in 
    (INSERT COUNTRY)
        2. (END-USER or IMPORTER OF RECORD) hereby certifies that the 
    material being imported was not obtained under any arrangement, 
    swap, exchange, or other transaction designed to circumvent the 
    delivery limitations set forth in 42 U.S.C. Sec. 2297h-10(b) of the 
    USEC Privatization Act, 42 U.S.C. Sec. 2297h, et seq., and the 
    Procedures for Delivery of HEU Natural Uranium Component in the 
    United States, as revised.
        3. (END-USER or IMPORTER OF RECORD) hereby certifies that the 
    material being imported was not obtained under any arrangement, 
    swap, exchange, or other transaction designed to circumvent any of 
    the agreements suspending the antidumping investigations on uranium, 
    as amended.
        4. (END-USER or IMPORTER OF RECORD) hereby certifies that the 
    uranium being imported into the United States is for consumption in 
    the United States and is in compliance with 42 U.S.C. Sec. 2297h-
    10(b) of the USEC Privatization Act, 42 U.S.C. Sec. 2297h, et seq. 
    The material being imported represents (NUMBER) lbs. 
    U3O8 equivalent of (NUMBER) lbs. 
    U3O8 equivalent exported for further 
    processing on (DATE) or delivered to an End-User outside the United 
    States.
    
    Signature:-------------------------------------------------------------
    
    Printed Name:----------------------------------------------------------
    
    Title:-----------------------------------------------------------------
    
    Attachment Five (Page One)--Importation Notification Form and 
    Certifications
    
        TOPIC: Importation of Uranium under 42 U.S.C. Sec. 2297h-
    10(b)(5) of the USEC Privatization Act---Consumption Outside the 
    United States.
        Pursuant to Paragraph L of the Procedures for Delivery of HEU 
    Natural Uranium Component in the United States, as revised, we 
    hereby submit information describing our scheduled importation of 
    Russian origin uranium into the United States for subsequent export:
        1. Scheduled Date of Re-importation:
        2. (NUMBER) lbs. Of U3O8 in (NUMBER) KgU 
    with enrichment assay (NUMBER) wt % and tails assay (NUMBER) wt % 
    (if applicable):
        3. Port of Re-importation:
        4. Importer of Record:
        5. Vessel/Airline:
        6. Parties Providing Further Processing and/or storage:
        7. Anticipated Date of Export out of U.S. (if available):
        8. End-User:
        Also, please find attached the importer of record declaration 
    regarding country of origin, anticircumvention, and qualification of 
    the material under 42 U.S.C. Sec. 2297h-10(b) of the USEC 
    Privatization Act. We also agree to verification of this information 
    if requested.
    
    Attachment Five (Page Two)--Importation Notification Form and 
    Certifications
    
    Certifications To U.S. Customs Service
    
        1. (OWNER or IMPORTER OF RECORD) hereby certifies that the HEU 
    Natural Uranium Component of the uranium being imported into the 
    United States is derived from Russian highly enriched uranium 
    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. The uranium being imported was converted in (INSERT 
    COUNTRY), and/or enriched in (INSERT COUNTRY), and/or fabricated in 
    (INSERT COUNTRY) and is not intended for consumption in the United 
    States.
        2. (OWNER or IMPORTER OF RECORD) hereby certifies that the 
    material being imported was not obtained under any arrangement, 
    swap, exchange, or other transaction designed to circumvent any of 
    the agreements suspending the antidumping investigations on uranium, 
    as amended
        3. (OWNER or IMPORTER OF RECORD) hereby certifies that the 
    material being imported was not obtained under any arrangement, 
    swap, exchange, or other transaction designed to circumvent the 
    delivery limitations set forth in 42 U.S.C. Sec. 2297h-10(b)(5) of 
    the USEC Privatization Act, 42 U.S.C. Sec. 2297H, et seq., and the 
    Procedures for Delivery of HEU Natural Uranium Component in the 
    United States, as revised.
        Further, the material being imported will not be swapped, 
    exchanged, or loaned or otherwise used in any other transaction 
    designed to circumvent any of the agreements suspending the 
    antidumping investigations on uranium, as amended.
        Further, the material being imported will not be swapped, 
    exchanged, or loaned or otherwise used in any other transaction 
    designed to circumvent or the delivery limitations set forth in 42 
    U.S.C.Sec. 2297h-10(b)(5) of the USEC Privatization Act, 42 U.S.C. 
    Sec. 2297h, et seq. and the Procedures for Delivery of HEU Natural 
    Uranium Component in the United States, as revised.
    
    Signature:-------------------------------------------------------------
    
    Printed Name:----------------------------------------------------------
    
    Title:-----------------------------------------------------------------
    
    [FR Doc. 99-12155 Filed 5-12-99; 8:45 am]
    BILLING CODE 3510-DS-P
    
    
    

Document Information

Effective Date:
5/13/1999
Published:
05/13/1999
Department:
International Trade Administration
Entry Type:
Notice
Action:
Request for Comments.
Document Number:
99-12155
Dates:
May 13, 1999.
Pages:
25867-25871 (5 pages)
Docket Numbers:
A-821-802
PDF File:
99-12155.pdf