62 FR 37879, July 15, 1997 DEPARTMENT OF COMMERCE International Trade Administration [A-821-802] Amendment to the Agreement Suspending the Antidumping Investigation on Uranium From the Russian Federation AGENCY: Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: May 7, 1997. ACTION: Notice of Amendment to the Agreement Suspending the Antidumping Investigation on Uranium From the Russian Federation. FOR FURTHER INFORMATION CONTACT: James Doyle or Karla Whalen, Office of Antidumping Countervailing Duty Enforcement, Group III, Office 7, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-0159 or (202) 482-0408, respectively. SUMMARY: On May 7, 1997, the Department of Commerce (the Department) and the Ministry of Atomic Energy of the Russian Federation (MINATOM) signed an amendment to the Agreement Suspending the Antidumping Investigation on Uranium From the Russian Federation, as amended (the Suspension Agreement). This amendment doubles the amount of Russian-origin uranium which may be imported into the United States for further processing prior to re-exportation. In addition, it lengthens the period of time uranium may remain in the United States for such processing to up to three years. SUPPLEMENTARY INFORMATION: Background On October 16, 1992, the Department and MINATOM signed the Suspension Agreement on uranium and, on October 30, 1992, the Suspension Agreement was published in the Federal Register (57 FR 49220, 49235). On March 11, 1994, the Department and MINATOM signed an amendment to the Suspension Agreement on uranium and, on April 1, 1994, this amendment was published in the Federal Register (59 FR 15373). This amendment provided for entry of Russian uranium into the United States based on a concept of matched sales between the United States and Russian producers. On October 3, 1996, the Department and MINATOM signed two amendments to the Suspension Agreement. One amendment provided for the sale in the United States of feed associated with imports of low-enriched uranium (LEU) derived from high- enriched uranium (HEU) which made the Suspension Agreement consistent with the USEC Privatization Act. The second amendment restored previously unused quota for separative work units (SWU), and covered Russian uranium which had been enriched in a third country within the terms of the Suspension Agreement, for a period of two years from the effective date of the amendment. On November 6, 1996, both amendments were published in the Federal Register (61 FR 56665). On August 16, 1996, the Department and MINATOM initialed a proposed amendment regarding the re-export provision of the Suspension Agreement. The amendment extended the 12 month limitation up to 36 months and increased the amount of Russian Federation uranium which could enter the United States for further processing from 3 million pounds U3O8 to 6 million pounds U3O8. The Department subsequently released the proposed amendment to interested parties for comment. After careful consideration by the Department of the comments submitted and further consultations between the two parties, the Department and MINATOM signed the final amendment in its initialed form in Moscow on May 7, 1997. The text of this amendment follows in the Annex to this notice. Dated: June 12, 1997. Robert S. LaRussa, Acting Assistant Secretary for Import Administration. Amendment to the Agreement Suspending the Antidumping Investigation on Uranium From the Russian Federation Consistent with the requirement of Section 734(l) of the U.S. Tariff Act of 1930, as amended, to prevent the suppression or undercutting of price levels of domestic products in the United States, Section IV of the Agreement Suspending the Antidumping Investigation on Uranium from the Russian Federation, as amended on March 11, 1994, (the Agreement) is amended as set forth below. All other provisions of the Agreement, particularly Section VII, remain in force and apply to this Amendment. 1. The following paragraphs replace Section IV.H: For purposes of permitting processing in the United States of uranium products from the Russian Federation, the Government of the Russian Federation may issue re-export certificates for import into the United States of Russian uranium products only where such imports to the United States are not for sale or ultimate consumption in the United States and where re-exports will take place within 12 months or within 36 months of entry into the United States as indicated by the importer or record at the time of entry. In no event shall an export certificate be endorsed by the Russian Federation for uranium products previously imported into the United States under such re- export certificate. Such re-export certificates will in no event be issued in amounts greater than one million pounds U3O8 equivalent per re-export certificate. The importer of record must specify at the time of entry whether it will re- export the entered material under the 12 month limitation or under the 36 month limitation (which requires additional certifications as noted below). Re-export certificates issued under the 12 month limitation shall not exceed three million pounds U3O8 equivalent at any one time. Additional re-export certificates may be issued under the 36 month limitation as long as the total amount of uranium products entered pursuant to re-export certificates issued (under both the 12 month and 36 month limitations) does not exceed six million pounds U3O8 equivalent at any one time. *37880 For re-exports entered under the 36 month limitation, the importer of record must provide the Department with the following at the time of entry: 1) certification that it will ensure re-exportation within 36 months of entry into the United States; 2) certification from the end-user that the uranium products will not be sold, loaned, swapped, used as loan repayments, or utilized other than for re-export in accordance with Section IV.H of the suspension agreement; and 3) certification from the U.S. convertor and/or enricher and/or fabricator, as applicable, that the uranium products will not be sold, loaned, swapped, used as loan repayments, or utilized other than for re-export in accordance with Section IV.H of the suspension agreement while held at the respective entity's facility. Liquidation will be suspended for all such entries of uranium products which are covered by the 36 month re- export certificates. Suspension of liquidation will be continued for each such entry until all uranium products covered by the respective entries are re- exported and the Department of Commerce has notified Customs that the relevant entries may be liquidated. If uranium products from the Russian Federation are: (A) If subject to the 12 month limitation, not re-exported within 12 months; (B) if subject to the 36 month limitation, not re-exported within 36 months, or (C) if subject to the 36 month limitation, sold, loaned, swapped, used as loan repayments, or utilized other than for re-export in accordance with Section IV.H of the Agreement, the Department will refer the matter to Customs or the Department of Justice for further action and the United States will promptly notify the Government of the Russian Federation and the two governments shall enter into consultations. If the uranium products are not re-exported within 3 months of the referral to Customs or the Department of Justice and the problem has not been resolved to the mutual satisfaction of both the United States and the Russian Federation, the volume of the uranium products entered pursuant to the re-export certificate may be counted against the export limit in effect at such time, or, if there is insufficient quota, the first available quota. This volume may be restored to the export limit if the product is subsequently re- exported. The Parties agree that this Amendment constitutes an integral part of the Agreement. The English language version of this Amendment shall be controlling. Signed on this 7th day of May, 1997. For the Ministry of Atomic Energy of the Russian Federation: N.N. Yegorov, Deputy Minister, Ministry of Atomic Energy of the Russian Federation. For the United States Department of Commerce: Robert S. LaRussa, Acting Assistant Secretary for Import Administration. [FR Doc. 97-18449 Filed 7-14-97; 8:45 am] BILLING CODE 3510-DS-P END OF DOCUMENT