[Federal Register Volume 64, Number 151 (Friday, August 6, 1999)]
[Notices]
[Pages 42925-42930]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-20339]
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DEPARTMENT OF COMMERCE
International Trade Administration
Procedures for Delivery of HEU Natural Uranium Component in the
United States
AGENCY: Import Administration, International Trade Administration, U.S.
Department of Commerce.
ACTION: Notice.
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SUMMARY: The Department of Commerce is announcing the final Procedures
for Delivery of HEU Natural Uranium Component in the United States.
FOR FURTHER INFORMATION CONTACT: James C. Doyle or Sally C. Gannon,
Enforcement Group III, Office IX, Import Administration, International
Trade Administration, U.S. Department of Commerce, 14th St. and
Constitution Avenue, NW., Washington, DC 20230, telephone: 202-482-
3793.
Background:
On April 25, 1996, Congress passed the United States Enrichment
Corporation Privatization Act (``USEC Privatization Act''), 42 U.S.C.
2297h, et seq. The USEC Privatization Act requires the U.S. Department
of Commerce (``Department'') to administer and enforce the limitations
set forth in 42 U.S.C. 2297h-10(b) of the USEC Privatization Act. On
January 7, 1998, in order to implement this statutory mandate, the
Department issued the Procedures for Delivery of HEU Natural Uranium
Component in the United States (``HEU Procedures''). The purpose of
issuing the HEU Procedures is to enhance the predictability and
transparency of the administration and enforcement of the above-
referenced limitations.
On March 20, 1998, the Department issued Annex 1 to the HEU
Procedures to clarify certain requirements detailed in the HEU
Procedures. On July 6, 1998, the Department provided public
notification of the HEU Procedures and Annex 1 to the HEU Procedures
(see 63 FR 36391 (July 6, 1998)). On July 23, 1998, the Department
issued a proposed Annex 2 to the HEU Procedures regarding re-
importation requirements and requested public comment on Annex 2. The
Department received comments from eight parties.
On October 8, 1998, in accordance with Section F of the January 7,
1998, HEU Procedures, the Department requested comments from parties on
necessary or desirable changes to the HEU Procedures (see 63 FR 54108
(October 8, 1998)). The Department received comments from eight parties
regarding the HEU Procedures. After careful review of the comments, and
after consultations with various parties, the Department determined
that revision and clarification of the HEU Procedures were warranted.
On March 26, 1999, the Department provided public notification of the
draft revised HEU Procedures and invited parties to provide comments
(see 64 FR 14697 (March 26, 1999)).
Because the Department made substantive changes, in part as a
result of parties' comments, the Department determined on May 7, 1999,
that an additional opportunity to comment on the draft revised HEU
Procedures was appropriate (see 64 FR 25867 (May 13, 1999)). The
Department received comments from eleven parties. After careful review
of these comments and consultations with various parties, the
Department has made further revisions to the draft HEU Procedures. The
Department hereby provides public notification of the final Procedures
for Delivery of HEU Natural Uranium Component in the United States, the
text of which follows in the Annex to this notice. These final HEU
Procedures replace all prior versions of the HEU Procedures, including
any annexes, as detailed above in the ``Background'' section of this
notice.
Dated: July 26, 1999.
Robert S. LaRussa,
Assistant Secretary for Import Administration.
Annex--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
limitations set forth in 42 U.S.C. 2297h-10(b). Accordingly, the U.S.
Department of Commerce (``Department'') is implementing 42 U.S.C.
2297h-10(b) of the USEC Privatization Act by issuing these revised
Highly-Enriched Uranium (``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
[[Page 42926]]
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 the revised HEU Procedures is the
U3O8 or U3O8 equivalent
contained in the UF6 component of the low-enriched uranium
derived from the 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 42 U.S.C. 2297h-
10(b) of the USEC Privatization Act (``HEU Natural Uranium
Component'').
B. Definitions
The following definitions apply to the terms of the HEU Procedures,
including all Attachments thereto, and any documentation submitted to,
or released by, the Department in connection with deliveries of HEU
Natural Uranium Component.
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
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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. Delivery--means the physical or book transfer of the HEU Natural
Uranium Component to the account of an End-User in the United States.
5. 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.
6. Designated Agent's Account--means the account held in the name
of the Designated Agent, or its wholly-owned subsidiary, into which
only the HEU Natural Uranium Component is delivered pursuant to the
USEC Privatization Act.
7. 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.
8. 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 (``HEU Agreement'').
9. 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. Sec. 2297h-10(b).
10. U3O8 to UF6 Conversion--1 KgU
in UF6 = 2.61283 lbs. U3O8e.
11. 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.
12. Importer of Record--means the person by whom, or for whose
account, HEU Natural Uranium Component is imported.
13. Resale Party--means a seller of HEU Natural Uranium Component
pursuant to Paragraph G.2.
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. To the extent
permitted by law, such official record will be accessible only to
authorized government officials.
d. FOIA Release and Treatment of Commercial and Financial
Information: Documents submitted to the Department are subject to
release under FOIA, unless a party claims protection from release under
a FOIA exemption. In order to claim protection from release, a party
must specify the information which the party seeks to protect from
release, provide an explanation as to why it should be protected, and
bracket such information. See section 4.7 of the Department's FOIA
regulations, set forth in 15 CFR Part 4 (1998). A party making a
submission may not claim its own identity as protected from release
under FOIA. Although the party making the submission is responsible for
seeking protection from release under FOIA for any third-party
information in its submission, and for identifying such information,
the Department will endeavor to protect price, quantity, and customer
identity information from release under all FOIA requests for the life
of the HEU Agreement to the extent allowed under the FOIA statute. The
party submitting such documentation may provide a releaseable public
version along with the non-releaseable 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 return to parties any contracts and
related contractual information submitted pursuant to the January 7,
1998, HEU Procedures and will notify parties who submitted additional
information to the Department, pursuant to the January 7, 1998, HEU
Procedures, of the opportunity to claim that documents are exempt from
release under FOIA. The Department will also transfer other
documentation relating to the HEU Procedures from the records of the
[[Page 42927]]
Russian Suspension Agreement (A-821-802) to the HEU File.
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 A.M. and 5:00 P.M. on business days. Courtesy copies
addressed to the appropriate employee, and designating 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 Releaseable under FOIA, or, Not Fully Releaseable 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 Designated Agents
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(s) may be sold in the United States
in accordance with 42 U.S.C. 2297h-10(b). 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 the annual delivery allocation is
to be withdrawn and a copy of the new certificate(s) re-allocating the
annual delivery allocation.
F. Delivery Forfeit and Flexibility
On December 31 of each year, any portion of the Annual Maximum
Deliveries not delivered 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.1 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.
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\1\ Parties need not report as a swap or exchange hereunder a
routine adjustment in nuclear material accounting documentation
which is intended only to account for the delivery by an End-User,
in the normal course of a processing transaction, of HEU Natural
Uranium Component to be used in the production of a processed
uranium product where: (i) prior to delivery of the HEU Natural
Uranium Component, the processor produced the product using natural
uranium other than the End-User's natural uranium to fulfill the
contractual processing obligation to such End-User and delivered it
to a downstream processor; (ii) the adjustment is intended only to
ascribe the HEU Natural Uranium Component to the product delivered
to the downstream processor and to return to the upstream processor
natural uranium of the origin used to produce the product; and (iii)
no monetary or other consideration is paid or given for the exchange
of origins affected by the adjustment.
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2. Resales:
a. The Department will permit parties 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.
c. An End-User may purchase HEU Natural Uranium Component on resale
only from another End-User or an entity utilizing a separate account
and providing quarterly reports to the Department as noted in Paragraph
G.2.b above.
d. Resales remain subject to the requirements of 42 U.S.C. 2297h-
10(b) of the USEC Privatization Act, these HEU Procedures, and are also
subject to verification by the Department at any time and at its
discretion. Resold material will not be subject to the Annual Maximum
Deliveries in the year in which it is resold.
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, 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
[[Page 42928]]
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 HEU Procedures and/or the Annual Maximum
Deliveries if such violations are not rectified to the satisfaction of
the Department and MINATOM.
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. Importation/Re-Importation Requirements 2
1. HEU Natural Uranium Component exported from the United States
for further processing and subsequently re-imported:
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\2\ The certifications required under this Paragraph are
independent of the general importer certification requirements of
the agreements suspending the antidumping investigations on uranium,
as amended (``the Agreements''). Certification number three on
Attachment Four (page two) and certifications numbers two and four
on Attachment Five (page two) will continue to be required only to
the extent they are applicable. At such time when the Agreements are
no longer in existence, the certifications under this Paragraph will
be amended to reflect the absence of the Agreements.
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The End-User, or its agent, or the importer of record 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
Deliveries:
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, or the importer of
record, of this material must certify to the Department that the
material will not be used in (and was not obtained under) any
arrangement, swap, exchange, or other transaction designed to
circumvent any of the Agreements while in the United States and that
the owner, or the importer of record, will not circumvent (and has not
circumvented) the Annual Maximum Deliveries. The owner, or the importer
of record, must also provide the Department with the expected quantity
(U3O8 equivalent, less any processing losses)
that will be exported from the United States. There will 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 will provide to the United States Customs Service the
appropriate instructions to clear the imports. 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 changes to these HEU Procedures will be made only with
public notice in the Federal Register and an opportunity for interested
party comment.
O. Revised Uranium Import Certification
All uranium importers, regardless of declared country of origin,
must continue to submit to the U.S. Customs Service upon importation
the certification in the format set forth in Attachment Six, unless
said importer is submitting certification information set forth in
Attachments 4 or 5.
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.
5. The date of the swap, exchange, loan or resale.
ATTACHMENT TWO 3
Designated Agent or Resale Party Quarterly Report Form
Quarterly Delivery Report for (INSERT DATES AND DESIGNATED AGENT OR
RESALE PARTY) HEU Natural Uranium Component
Beginning Balance (in U3O8 equivalent):
____________________
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Quantity (in UF6 and U3O8 Transaction
Transaction date Delivered from Delivered to equivalent) description Comments
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[[Page 42929]]
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Ending Balance (in U3O8 equivalent):
____________________
(DESIGNATED AGENT OR RESALE PARTY) 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 an End-
User, 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; (5) for further processing on behalf of (NAME OF
ENTITY); or (6) for resale to (NAME OF ENTITY).
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\3\ 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, as
amended.
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(DESIGNATED AGENT OR RESALE PARTY) further certifies that, for the
time period during 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) 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):
____________________
--------------------------------------------------------------------------------------------------------------------------------------------------------
Quantity (in UF6 and U3O8 Transaction
Transaction date Delivered from Delivered to 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)
Importation/Re-Importation Notification Form and Certifications
TOPIC: Importation/Re-Importation of Uranium Under 42 U.S.C. 2297h-
10(b) 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 importation or re-importation of
Russian origin uranium subject to the limitations set forth in the USEC
Privatization Act, at 42 U.S.C. 2297h-10(b):
Export (if Applicable)
1. Quantity of HEU Natural Uranium Component Exported
(U3O8 equivalent) out of U.S.:
2. Date of Export out of U.S. (if available):
Importation/Re-Importation
1. (NUMBER) lbs. of U3O8 equivalent contained
in (NUMBER) KgU with enrichment assay (NUMBER) wt % and tails assay
(NUMBER) wt %, if applicable:
2. Port of Importation/Re-Importation:
3. Importer of Record:
4. Planned Date of Importation/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. 2297h-10(b) of the USEC Privatization
Act. We also agree to verification of this information if requested.
Signature:
Printed Name:
Title:
ATTACHMENT FOUR (page two)
Importation/Re-Importation Notification Form and Certifications
CERTIFICATIONS TO U.S. CUSTOMS SERVICE
A. (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), enriched in (INSERT
COUNTRY) and/or fabricated in (INSERT COUNTRY).
B. (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
[[Page 42930]]
to circumvent the limitations set forth in 42 U.S.C. 2297h-10(b) of the
USEC Privatization Act, 42 U.S.C. 2297h, et seq., and the Procedures
for Delivery of HEU Natural Uranium Component in the United States, as
revised.
C. (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.
D. (END-USER or IMPORTER OF RECORD) hereby certifies that the
uranium being imported into the United States is in compliance with 42
U.S.C. 2297h-10(b) of the USEC Privatization Act, 42 U.S.C. 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. 2297h-10(b) of the USEC
Privatization Act--Consumption Outside the United States
Pursuant to Section 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 Importation:
2. (NUMBER) lbs. of U3O8 in (NUMBER) KgU with
enrichment assay (NUMBER) wt % and tails assay (NUMBER) wt % (if
applicable):
3. Port of 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. Non-U.S. 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. 2297h-10(b) of the USEC Privatization Act.
We also agree to verification of this information if requested.
Signature:
Printed Name:
Title:
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 limitations set forth
in 42 U.S.C. 2297h-10(b) of the USEC Privatization Act, 42 U.S.C.
2297h, et seq., and the Procedures for Delivery of HEU Natural Uranium
Component in the United States, as revised.
4. (OWNER or IMPORTER OF RECORD) hereby further certifies that the
material being imported will not be used in any arrangement, swap,
exchange, or other transaction designed to circumvent any of the
agreements suspending the antidumping investigations on uranium, as
amended.
5. (OWNER or IMPORTER OF RECORD) hereby further certifies that the
material being imported will not be used in any arrangement, swap,
exchange, or other transaction designed to circumvent the limitations
set forth in 42 U.S.C. 2297h-10(b) of the USEC Privatization Act, 42
U.S.C. 2297h, et seq. and the Procedures for Delivery of HEU Natural
Uranium Component in the United States, as revised.
Signature:
Printed Name:
Title:
ATTACHMENT SIX
Certification For All Other Uranium Importers
CERTIFICATION TO U.S. CUSTOMS SERVICE
1. (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, or
the limitations set forth in 42 U.S.C. 2297h-10(b) of the USEC
Privatization Act, 42 U.S.C. 2297h, et seq., and the Procedures for
Delivery of HEU Natural Uranium Component in the United States, as
revised (FR Cite).4
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\4\ Please insert into the certification the citation of this
Federal Register notice.
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Signature:
Printed Name:
Title:
[FR Doc. 99-20339 Filed 8-5-99; 8:45 am]
BILLING CODE 3510-DS-P
