[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

    <bullet> 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.
    <bullet> 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.
    <bullet> 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.
    <bullet> 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.
    <bullet> 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

    <bullet> The Department will strictly monitor and verify the 
movement of the natural uranium component between accounts.
    <bullet> The Department will require that account balances be 
documented to the Department on a quarterly basis.
    <bullet> The Department reserves the right to conduct on-site 
verifications of documentation reflecting natural uranium component 
transactions.
    <bullet> 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:

    <bullet> 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?
    <bullet> 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