Agreement Suspending the Antidumping Investigation on Uranium From the Russian Federation: Final Results of the 2016-2017 Administrative Review, 31022-31024 [2019-13867]
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31022
Federal Register / Vol. 84, No. 125 / Friday, June 28, 2019 / Notices
approved, the grantee would be able to
serve sites throughout the expanded
service area based on companies’ needs
for FTZ designation. The application
indicates that the proposed expanded
service area is adjacent to the Boise,
Idaho Customs and Border Protection
Port of Entry.
In accordance with the FTZ Board’s
regulations, Qahira El-Amin of the FTZ
Staff is designated examiner to evaluate
and analyze the facts and information
presented in the application and case
record and to report findings and
recommendations to the FTZ Board.
Public comment is invited from
interested parties. Submissions shall be
addressed to the FTZ Board’s Executive
Secretary and sent to: ftz@trade.gov. The
closing period for their receipt is August
27, 2019. Rebuttal comments in
response to material submitted during
the foregoing period may be submitted
during the subsequent 15-day period to
September 11, 2019.
A copy of the application will be
available for public inspection in the
‘‘Reading Room’’ section of the FTZ
Board’s website, which is accessible via
www.trade.gov/ftz. For further
information, contact Qahira El-Amin at
Qahira.El-Amin@trade.gov or (202) 482–
5928.
Dated: June 20, 2019.
Andrew McGilvray,
Executive Secretary.
Street, New Haven; and, Site 4 (23 acres)
347 Chapel Street, New Haven. No
authorization for production activity has
been requested at this time.
In accordance with the FTZ Board’s
regulations, Elizabeth Whiteman of the
FTZ Staff is designated examiner to
review the application and make
recommendations to the FTZ Board.
Public comment is invited from
interested parties. Submissions shall be
addressed to the FTZ Board’s Executive
Secretary and sent to: ftz@trade.gov. The
closing period for their receipt is August
7, 2019. Rebuttal comments in response
to material submitted during the
foregoing period may be submitted
during the subsequent 15-day period to
August 22, 2019.
A copy of the application will be
available for public inspection in the
‘‘Reading Room’’ section of the FTZ
Board’s website, which is accessible via
www.trade.gov/ftz.
For further information, contact
Elizabeth Whiteman at Elizabeth
.Whiteman@trade.gov or (202) 482–
0473.
Dated: June 25, 2019.
Andrew McGilvray,
Executive Secretary.
[FR Doc. 2019–13862 Filed 6–27–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
[FR Doc. 2019–13864 Filed 6–27–19; 8:45 am]
International Trade Administration
BILLING CODE 3510–DS–P
[A–821–802]
Agreement Suspending the
Antidumping Investigation on Uranium
From the Russian Federation: Final
Results of the 2016–2017
Administrative Review
DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
[B–41–2019]
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Foreign-Trade Zone 162—New Haven,
Connecticut; Application for Subzone;
Waterfront Enterprises, LLC, New
Haven, Connecticut
An application has been submitted to
the Foreign-Trade Zones (FTZ) Board by
the Greater New Haven Chamber of
Commerce, grantee of FTZ 162,
requesting subzone status for the
facilities of Waterfront Enterprises, LLC,
located in New Haven, Connecticut. The
application was submitted pursuant to
the provisions of the Foreign-Trade
Zones Act, as amended (19 U.S.C. 81a–
81u), and the regulations of the FTZ
Board (15 CFR part 400). It was formally
docketed on June 24, 2019.
The proposed subzone would consist
of the following sites: Site 1 (4.6 acres)
400 Waterfront Street, New Haven; Site
2 (22 acres) 31 Waterfront Street, New
Haven; Site 3 (7 acres) 30 Waterfront
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Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) continues to find that the
State Atomic Energy Corporation
‘‘ROSATOM’’ (ROSATOM), its affiliates
Joint Stock Company ‘‘TENEX’’
(TENEX) and TENAM Corporation
(TENAM), and TENEX’s unaffiliated
reseller, Centrus Energy Corp. and
United States Enrichment Corporation
(collectively, Centrus), are in
compliance with the Agreement
Suspending the Antidumping
Investigation on Uranium from the
Russian Federation (Agreement) during
the period of review (POR) from October
1, 2016 through September 30, 2017.
DATES: Applicable June 28, 2019.
FOR FURTHER INFORMATION CONTACT:
Sally C. Gannon or Jill Buckles,
AGENCY:
PO 00000
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Sfmt 4703
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–0162 or
(202) 482–6230, respectively.
SUPPLEMENTARY INFORMATION:
Background
On November 14, 2018, Commerce
published the Preliminary Results of
this administrative review.1 After the
Preliminary Results, we received a
number of submissions, including
responses to supplemental
questionnaires issued by Commerce
prior to the Preliminary Results.2 In
accordance with 19 CFR 351.309(c), we
invited interested parties to comment on
the Preliminary Results.3 On June 11,
2019, Louisiana Energy Services LLC
(LES); Centrus; and Power Resources,
Inc. and Crow Butte Resources, Inc.
(collectively, Cameco) submitted case
1 See Agreement Suspending the Antidumping
Duty Investigation on Uranium From the Russian
Federation: Preliminary Results of 2016–2017
Administrative Review and Postponement of Final
Results, 83 FR 56802 (November 14, 2018)
(Preliminary Results).
2 See Letter from ROSATOM, TENEX, and
TENAM, ‘‘Uranium from the Russian Federation—
Comments on Factual Information Rebutting,
Clarifying, or Correcting the Response of
ROSATOM to the Department’s September 21, 2018
Supplemental Questionnaire,’’ dated November 5,
2018; Letter from TENEX, ‘‘Uranium from the
Russian Federation Suspension Agreement
Administrative Review: Supplemental
Questionnaire Response of TENEX,’’ dated
November 7, 2018; Letter from Exelon Generation
Company, LLC and the Ad Hoc Utilities Group,
‘‘Uranium from the Russian Federation (A–821–
802): Comments on Supplemental Questionnaire
Response of Joint Stock Company TENEX,’’ dated
November 16, 2018; Letter from Centrus, ‘‘Uranium
from the Russian Federation: Supplemental
Questionnaire Response,’’ dated November 16,
2018; Letter from LES, ‘‘Uranium from the Russian
Federation: Factual Information Rebutting,
Clarifying, and Correcting the Supplemental
Questionnaire Response Submitted on November
16, 2018 by Centrus Energy Corp. and United States
Enrichment Corporation,’’ dated December 17,
2018; Letter from TENEX, ‘‘Uranium from the
Russian Federation—TENEX Factual Information to
Rebut or Clarify Information Provided by LES,’’
dated January 3, 2019; Letter from Centrus,
‘‘Uranium from the Russian Federation: Submission
of New Factual Information to Rebut, Clarify and
Correct LES’s December 17, 2018 Submission of
New Factual Information,’’ dated February 12, 2019;
and Letter from LES, ‘‘Uranium from the Russian
Federation: Sur-Rebuttal Comments to February 12,
2019 Comments of Centrus,’’ dated February 26,
2019.
3 See Memorandum to Interested Parties,
‘‘Establishment of Briefing Schedule for Preliminary
Results in the 2016—2017 Administrative Review
of the Agreement Suspending the Antidumping
Investigation on Uranium from the Russian
Federation,’’ dated June 3, 2019.
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briefs.4 On June 14, 2019, LES; 5
ROSATOM, TENEX, and TENAM
(collectively, ROSATOM et al.); 6
Centrus; 7 Cameco; 8 and Exelon
Generation Company, LLC and the Ad
Hoc Utilities Group (collectively,
AHUG) 9 submitted rebuttal briefs.
Commerce conducted verification in
Moscow, Russia, of the questionnaire
and supplemental questionnaire
responses of ROSATOM and TENEX
during May 20–24, 2019.10 On June 6,
2019, Commerce issued its verification
report.11 On December 12, 2018, LES
requested a hearing in the
administrative review proceeding, and,
on December 14, 2018, Centrus and
Cameco requested a hearing as well. On
June 20, 2019, Commerce held a public
hearing.12
Commerce exercised its discretion to
toll all deadlines affected by the partial
federal government closure from
December 22, 2018, through the
resumption of operations on January 29,
2019.13 If the new deadline falls on a
4 See Centrus Case Brief, ‘‘Uranium from the
Russian Federation: Case Brief’’ dated June 11, 2019
(Centrus Case Brief); see also Cameco Case Brief,
‘‘Uranium from the Russian Federation: Case Brief
in 2016–2017 Administrative Review,’’ dated June
11, 2019; and LES Case Brief, ‘‘Administrative
Review of the Suspension Agreement on Uranium
from the Russian Federation: Case Brief of
Louisiana Energy Services, LLC,’’ dated June 11,
2019.
5 See LES Rebuttal Brief, ‘‘Administrative Review
of the Suspension Agreement on Uranium from the
Russian Federation: Rebuttal Brief of Louisiana
Energy Services, LLC,’’ dated June 14, 2019.
6 See ROSATOM et al. Rebuttal Brief, ‘‘Uranium
from the Russian Federation—ROSATOM, TENEX,
and TENAM Rebuttal Brief,’’ dated June 14, 2019.
7 See Centrus Rebuttal Brief, ‘‘Uranium from the
Russian Federation: Rebuttal Case Brief,’’ dated
June 14, 2019.
8 See Cameco Rebuttal Brief, ‘‘Uranium from the
Russian Federation: Rebuttal to Case Briefs,’’ dated
June 14, 2019.
9 See AHUG Rebuttal Brief, ‘‘Uranium from the
Russian Federation (A–821–802): Rebuttal Brief of
the Ad Hoc Utilities Group,’’ dated June 14, 2019.
10 See Letter to ROSATOM and TENEX,
‘‘Agreement Suspending the Antidumping
Investigation on Uranium from the Russian
Federation: Verification Agenda for State Atomic
Energy Corporation ‘‘ROSATOM’’ and Joint Stock
Company ‘‘TENEX,’’ dated March 1, 2019; see also
Memorandum to the File, ‘‘Correction to
Verification Dates,’’ dated April 10, 2019.
11 See Memorandum to the File, ‘‘Verification of
the Questionnaire Responses of State Atomic
Energy Corporation ‘‘ROSATOM’’ and Joint Stock
Company ‘‘TENEX’’ in the Administrative Review
of the Agreement Suspending the Antidumping
Investigation on Uranium from the Russian
Federation,’’ dated June 6, 2019.
12 See Letter from Commerce to Interested Parties,
dated June 17, 2019; see also Hearing Transcript,
dated June 24, 2019.
13 See Memorandum to the Record from Gary
Taverman, Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations,
performing the non-exclusive functions and duties
of the Assistant Secretary for Enforcement and
Compliance, ‘‘Deadlines Affected by the Partial
Shutdown of the Federal Government,’’ dated
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17:41 Jun 27, 2019
Jkt 247001
non-business day, in accordance with
Commerce’s practice, the deadline will
become the next business day. The
revised deadline for the final results is
now June 24, 2019.
Scope of Review
The product covered by this
Agreement is natural uranium in the
form of uranium ores and concentrates;
natural uranium metal and natural
uranium compounds; alloys,
dispersions (including cermets), ceramic
products, and mixtures containing
natural uranium or natural uranium
compounds; uranium enriched in U235
and its compounds; alloys, dispersions
(including cermets), ceramic products,
and mixtures containing uranium
enriched in U235 or compounds of
uranium enriched in U235; and any
other forms of uranium within the same
class or kind.
Imports of uranium ores and
concentrates, natural uranium
compounds, and all forms of enriched
uranium are currently classifiable under
the Harmonized Tariff Schedule of the
United States (HTSUS) subheadings:
2612.10.00, 2844.10.20, 2844.20.00,
respectively. Imports of natural uranium
metal and forms of natural uranium
other than compounds are currently
classifiable under HTSUS subheadings:
2844.10.10 and 2844.10.50. HTSUS
subheadings are provided for
convenience and Customs purposes.
The written description of the scope of
this proceeding is dispositive. A full
description of the scope of the order is
contained in the Issues and Decision
Memorandum.14
Analysis
Commerce continues to find, based on
record evidence, that ROSATOM was in
compliance with the terms of the
Agreement and Commerce’s February 2,
2010 Statement of Administrative Intent
(SAI) during the POR. Commerce has
reviewed the information submitted by
ROSATOM and found, in particular, no
evidence of non-compliance regarding
sales or exports in excess of the
Agreement’s export limits and no
evidence of non-compliance regarding
the anti-circumvention requirements in
January 28, 2019. All deadlines in this segment of
the proceeding have been extended by 40 days.
14 See Memorandum to Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance, from P. Lee Smith, Deputy Assistant
Secretary for Policy & Negotiations, ‘‘Issues and
Decisions Memorandum for the Final Results of the
Administrative Review of the Agreement
Suspending the Antidumping Duty Investigation on
Uranium from the Russian Federation for the period
October 1, 2016 through September 20, 2017,’’
dated concurrently, and hereby adopted by, this
notice (Issues and Decision Memorandum).
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section VII of the Agreement or the
reporting requirements in Appendix 3
pursuant to section VIII of the
Agreement.
Commerce finds no evidence of noncompliance by TENEX, TENAM, and
Centrus during the POR regarding the
contract and shipment approval
requirements provided for in section V
of the Agreement, established by the
SAI, and requested by Commerce. We
have reviewed the submissions to
Commerce requesting approval of
contracts or contract amendments
applicable to both sales and exports of
Russian Uranium Products to the United
States during the POR from TENEX,
TENAM, and Centrus and find that each
party has complied with the contract
approval documentation requirements
in sections V.C and V.F and Appendix
2 of the Agreement and in the SAI. We
note that TENEX failed to provide to
Commerce certain contract amendments
that changed the material terms of
contracts in effect as required by the
SAI.15 However, upon discovery of this
lapse, TENEX explained the
circumstances under which it occurred
and remedied the situation. We find
that, while this oversight by TENEX is
not insignificant, it does not rise to the
level of a violation of the Agreement
and does not imperil Commerce’s ability
to ensure its strict quota accounting
through the contract and shipment
approval requirements established in
the Agreement and the SAI.16
Regarding submissions to Commerce
requesting approval of a shipment under
an approved contract or contract
amendment which entered for delivery
during the POR, we have reviewed the
submissions from TENEX, TENAM, and
Centrus and find that each party has
complied with the shipment approval
documentation requirements
established in the Agreement and the
SAI and requested by Commerce. Lastly,
regarding returned natural uranium feed
and associated certification
requirements, we find no issues in the
submissions from TENEX, TENAM, and
Centrus that rise to the level of noncompliance with Commerce’s
requirements regarding returned natural
uranium feed, as specified in its
contract and shipment approval
memoranda.
Commerce is deferring analysis of
whether the Agreement continues to
meet the statutory requirements until
the next administrative review. This
deferral will allow Commerce to
conduct a more extensive analysis of a
larger time period which it believes is
15 See
16 Id.
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SAI at 4.
at 1–4.
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Federal Register / Vol. 84, No. 125 / Friday, June 28, 2019 / Notices
necessary to resolve the issues raised
regarding price suppression or
undercutting and public interest in this
review.
The issues raised in the case and
rebuttal briefs are addressed in the
accompanying Issues and Decision
Memorandum and business proprietary
memorandum.17 The issues are
identified in the Appendix to this
notice. The Issues and Decision
Memorandum is a public document and
is on file electronically via Enforcement
and Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov and in the
Central Records Unit, room B8024 of the
main Department of Commerce
building. In addition, a complete
version of the Issues and Decision
Memorandum can be accessed directly
on the internet at https://trade.gov/
enforcement/frn/. The signed
Issues and Decision Memorandum and
electronic versions of the Issues and
Decision Memorandum are identical in
content.
We are issuing and publishing these
results of review in accordance with
sections 751(a)(l) and 777(i)(l) of the Act
and 19 CFR 351.213 and 19 CFR
351.221(b)(5).
Dated: June 24, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
APPENDIX
Issues and Decision Memorandum
I. Summary
II. Scope of the Agreement
III. Background
IV. Discussion of the Issues
Issue 1: Alleged Violations of the
Agreement
Issue 2: Failure to Meet the Statutory
Requirements
V. Recommendation
[FR Doc. 2019–13867 Filed 6–27–19; 8:45 am]
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BILLING CODE 3510–DS–P
17 See Issues and Decision Memorandum; see also
Memorandum to the File from Sally C. Gannon,
Director for Bilateral Agreements, ‘‘Proprietary
Discussion of Issues for the Final Results of the
Administrative Review of the Agreement
Suspending the Antidumping Duty Investigation on
Uranium from the Russian Federation, for the
period October 1, 2016, through September 30,
2017,’’ dated concurrently and hereby adopted by
this notice.
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17:41 Jun 27, 2019
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DEPARTMENT OF COMMERCE
International Trade Administration
[A–489–822]
Welded Line Pipe From the Republic of
Turkey: Rescission of Antidumping
Duty Administrative Review; 2017–
2018
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) is rescinding the
administrative review of the
antidumping duty order on welded line
pipe from the Republic of Turkey
(Turkey) for the period December 1,
2017, through November 30, 2018.
AGENCY:
DATES:
Applicable June 28, 2019.
FOR FURTHER INFORMATION CONTACT:
Alice Maldonado or David Crespo, AD/
CVD Operations, Office II, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–4682 or (202) 482–3693,
respectively.
Background
On December 3, 2018, Commerce
published in the Federal Register a
notice of ‘‘Opportunity to Request
Administrative Review’’ of the
antidumping duty order on welded line
pipe from Turkey for the period
December 1, 2017, through November
30, 2018.1 In December 2018, Commerce
received a timely request, in accordance
with section 751(a) of the Tariff Act of
1930, as amended (the Act), to conduct
an administrative review of this
antidumping duty order from California
Steel Industries, TMK IPSCO, Welspun
Tubular LLC USA, and Maverick Tube
Corporation, (collectively, the
petitioners).2 Based upon this request,
on March 14, 2019, in accordance with
section 751(a) of the Act, Commerce
published in the Federal Register a
notice of initiation listing 19 companies
for which the petitioners requested a
review.3
1 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
to Request Administrative Review, 83 FR 62293
(December 3, 2018).
2 See Petitioners’ Letter, ‘‘Welded Line Pipe from
the Republic of Turkey: Request for Administrative
Review,’’ dated December 28, 2018.
3 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 84 FR
9297 (March 14, 2019).
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On May 23, 2019, the petitioners
withdrew their request for an
administrative review.4
Rescission of Review
Pursuant to 19 CFR 351.213(d)(1),
Commerce will rescind an
administrative review, in whole or in
part, if a party who requested the review
withdraws the request within 90 days of
the date of publication of notice of
initiation of the requested review. The
aforementioned withdrawal request was
timely submitted, and no other
interested party requested an
administrative review of any company.
Therefore, we are rescinding the
administrative review of the
antidumping duty order on welded line
pipe from Turkey covering the period
December 1, 2017, through November
30, 2018.
Assessment
Commerce will instruct U.S. Customs
and Border Protection (CBP) to assess
antidumping duties on all appropriate
entries. Antidumping duties shall be
assessed at rates equal to the cash
deposit of estimated antidumping duties
required at the time of entry, or
withdrawal from warehouse, for
consumption, in accordance with 19
CFR 351.212(c)(1)(i). Commerce intends
to issue appropriate assessment
instructions to CBP 15 days after
publication of this notice in the Federal
Register.
Notification to Importers
This notice serves as a reminder to
importers of their responsibility under
19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping and/or countervailing
duties prior to liquidation of the
relevant entries during this review
period. Failure to comply with this
requirement could result in Commerce’s
presumption that reimbursement of
antidumping and/or countervailing
duties occurred and the subsequent
assessment of doubled antidumping
duties.
Notification Regarding Administrative
Protective Orders
This notice also serves as a reminder
to parties subject to administrative
protective order (APO) of their
responsibility concerning the return or
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305. Timely written
notification of the return/destruction of
APO materials or conversion to judicial
4 See Petitioners’ Letter, ‘‘Welded Line Pipe from
the Republic of Turkey: Withdrawal of Request for
Administrative Review,’’ dated May 23, 2019.
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Agencies
[Federal Register Volume 84, Number 125 (Friday, June 28, 2019)]
[Notices]
[Pages 31022-31024]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-13867]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-821-802]
Agreement Suspending the Antidumping Investigation on Uranium
From the Russian Federation: Final Results of the 2016-2017
Administrative Review
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) continues to find that
the State Atomic Energy Corporation ``ROSATOM'' (ROSATOM), its
affiliates Joint Stock Company ``TENEX'' (TENEX) and TENAM Corporation
(TENAM), and TENEX's unaffiliated reseller, Centrus Energy Corp. and
United States Enrichment Corporation (collectively, Centrus), are in
compliance with the Agreement Suspending the Antidumping Investigation
on Uranium from the Russian Federation (Agreement) during the period of
review (POR) from October 1, 2016 through September 30, 2017.
DATES: Applicable June 28, 2019.
FOR FURTHER INFORMATION CONTACT: Sally C. Gannon or Jill Buckles,
Enforcement and Compliance, International Trade Administration, U.S.
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC
20230; telephone: (202) 482-0162 or (202) 482-6230, respectively.
SUPPLEMENTARY INFORMATION:
Background
On November 14, 2018, Commerce published the Preliminary Results of
this administrative review.\1\ After the Preliminary Results, we
received a number of submissions, including responses to supplemental
questionnaires issued by Commerce prior to the Preliminary Results.\2\
In accordance with 19 CFR 351.309(c), we invited interested parties to
comment on the Preliminary Results.\3\ On June 11, 2019, Louisiana
Energy Services LLC (LES); Centrus; and Power Resources, Inc. and Crow
Butte Resources, Inc. (collectively, Cameco) submitted case
[[Page 31023]]
briefs.\4\ On June 14, 2019, LES; \5\ ROSATOM, TENEX, and TENAM
(collectively, ROSATOM et al.); \6\ Centrus; \7\ Cameco; \8\ and Exelon
Generation Company, LLC and the Ad Hoc Utilities Group (collectively,
AHUG) \9\ submitted rebuttal briefs.
---------------------------------------------------------------------------
\1\ See Agreement Suspending the Antidumping Duty Investigation
on Uranium From the Russian Federation: Preliminary Results of 2016-
2017 Administrative Review and Postponement of Final Results, 83 FR
56802 (November 14, 2018) (Preliminary Results).
\2\ See Letter from ROSATOM, TENEX, and TENAM, ``Uranium from
the Russian Federation--Comments on Factual Information Rebutting,
Clarifying, or Correcting the Response of ROSATOM to the
Department's September 21, 2018 Supplemental Questionnaire,'' dated
November 5, 2018; Letter from TENEX, ``Uranium from the Russian
Federation Suspension Agreement Administrative Review: Supplemental
Questionnaire Response of TENEX,'' dated November 7, 2018; Letter
from Exelon Generation Company, LLC and the Ad Hoc Utilities Group,
``Uranium from the Russian Federation (A-821-802): Comments on
Supplemental Questionnaire Response of Joint Stock Company TENEX,''
dated November 16, 2018; Letter from Centrus, ``Uranium from the
Russian Federation: Supplemental Questionnaire Response,'' dated
November 16, 2018; Letter from LES, ``Uranium from the Russian
Federation: Factual Information Rebutting, Clarifying, and
Correcting the Supplemental Questionnaire Response Submitted on
November 16, 2018 by Centrus Energy Corp. and United States
Enrichment Corporation,'' dated December 17, 2018; Letter from
TENEX, ``Uranium from the Russian Federation--TENEX Factual
Information to Rebut or Clarify Information Provided by LES,'' dated
January 3, 2019; Letter from Centrus, ``Uranium from the Russian
Federation: Submission of New Factual Information to Rebut, Clarify
and Correct LES's December 17, 2018 Submission of New Factual
Information,'' dated February 12, 2019; and Letter from LES,
``Uranium from the Russian Federation: Sur-Rebuttal Comments to
February 12, 2019 Comments of Centrus,'' dated February 26, 2019.
\3\ See Memorandum to Interested Parties, ``Establishment of
Briefing Schedule for Preliminary Results in the 2016--2017
Administrative Review of the Agreement Suspending the Antidumping
Investigation on Uranium from the Russian Federation,'' dated June
3, 2019.
\4\ See Centrus Case Brief, ``Uranium from the Russian
Federation: Case Brief'' dated June 11, 2019 (Centrus Case Brief);
see also Cameco Case Brief, ``Uranium from the Russian Federation:
Case Brief in 2016-2017 Administrative Review,'' dated June 11,
2019; and LES Case Brief, ``Administrative Review of the Suspension
Agreement on Uranium from the Russian Federation: Case Brief of
Louisiana Energy Services, LLC,'' dated June 11, 2019.
\5\ See LES Rebuttal Brief, ``Administrative Review of the
Suspension Agreement on Uranium from the Russian Federation:
Rebuttal Brief of Louisiana Energy Services, LLC,'' dated June 14,
2019.
\6\ See ROSATOM et al. Rebuttal Brief, ``Uranium from the
Russian Federation--ROSATOM, TENEX, and TENAM Rebuttal Brief,''
dated June 14, 2019.
\7\ See Centrus Rebuttal Brief, ``Uranium from the Russian
Federation: Rebuttal Case Brief,'' dated June 14, 2019.
\8\ See Cameco Rebuttal Brief, ``Uranium from the Russian
Federation: Rebuttal to Case Briefs,'' dated June 14, 2019.
\9\ See AHUG Rebuttal Brief, ``Uranium from the Russian
Federation (A-821-802): Rebuttal Brief of the Ad Hoc Utilities
Group,'' dated June 14, 2019.
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Commerce conducted verification in Moscow, Russia, of the
questionnaire and supplemental questionnaire responses of ROSATOM and
TENEX during May 20-24, 2019.\10\ On June 6, 2019, Commerce issued its
verification report.\11\ On December 12, 2018, LES requested a hearing
in the administrative review proceeding, and, on December 14, 2018,
Centrus and Cameco requested a hearing as well. On June 20, 2019,
Commerce held a public hearing.\12\
---------------------------------------------------------------------------
\10\ See Letter to ROSATOM and TENEX, ``Agreement Suspending the
Antidumping Investigation on Uranium from the Russian Federation:
Verification Agenda for State Atomic Energy Corporation ``ROSATOM''
and Joint Stock Company ``TENEX,'' dated March 1, 2019; see also
Memorandum to the File, ``Correction to Verification Dates,'' dated
April 10, 2019.
\11\ See Memorandum to the File, ``Verification of the
Questionnaire Responses of State Atomic Energy Corporation
``ROSATOM'' and Joint Stock Company ``TENEX'' in the Administrative
Review of the Agreement Suspending the Antidumping Investigation on
Uranium from the Russian Federation,'' dated June 6, 2019.
\12\ See Letter from Commerce to Interested Parties, dated June
17, 2019; see also Hearing Transcript, dated June 24, 2019.
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Commerce exercised its discretion to toll all deadlines affected by
the partial federal government closure from December 22, 2018, through
the resumption of operations on January 29, 2019.\13\ If the new
deadline falls on a non-business day, in accordance with Commerce's
practice, the deadline will become the next business day. The revised
deadline for the final results is now June 24, 2019.
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\13\ See Memorandum to the Record from Gary Taverman, Deputy
Assistant Secretary for Antidumping and Countervailing Duty
Operations, performing the non-exclusive functions and duties of the
Assistant Secretary for Enforcement and Compliance, ``Deadlines
Affected by the Partial Shutdown of the Federal Government,'' dated
January 28, 2019. All deadlines in this segment of the proceeding
have been extended by 40 days.
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Scope of Review
The product covered by this Agreement is natural uranium in the
form of uranium ores and concentrates; natural uranium metal and
natural uranium compounds; alloys, dispersions (including cermets),
ceramic products, and mixtures containing natural uranium or natural
uranium compounds; uranium enriched in U\235\ and its compounds;
alloys, dispersions (including cermets), ceramic products, and mixtures
containing uranium enriched in U\235\ or compounds of uranium enriched
in U\235\; and any other forms of uranium within the same class or
kind.
Imports of uranium ores and concentrates, natural uranium
compounds, and all forms of enriched uranium are currently classifiable
under the Harmonized Tariff Schedule of the United States (HTSUS)
subheadings: 2612.10.00, 2844.10.20, 2844.20.00, respectively. Imports
of natural uranium metal and forms of natural uranium other than
compounds are currently classifiable under HTSUS subheadings:
2844.10.10 and 2844.10.50. HTSUS subheadings are provided for
convenience and Customs purposes. The written description of the scope
of this proceeding is dispositive. A full description of the scope of
the order is contained in the Issues and Decision Memorandum.\14\
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\14\ See Memorandum to Jeffrey I. Kessler, Assistant Secretary
for Enforcement and Compliance, from P. Lee Smith, Deputy Assistant
Secretary for Policy & Negotiations, ``Issues and Decisions
Memorandum for the Final Results of the Administrative Review of the
Agreement Suspending the Antidumping Duty Investigation on Uranium
from the Russian Federation for the period October 1, 2016 through
September 20, 2017,'' dated concurrently, and hereby adopted by,
this notice (Issues and Decision Memorandum).
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Analysis
Commerce continues to find, based on record evidence, that ROSATOM
was in compliance with the terms of the Agreement and Commerce's
February 2, 2010 Statement of Administrative Intent (SAI) during the
POR. Commerce has reviewed the information submitted by ROSATOM and
found, in particular, no evidence of non-compliance regarding sales or
exports in excess of the Agreement's export limits and no evidence of
non-compliance regarding the anti-circumvention requirements in section
VII of the Agreement or the reporting requirements in Appendix 3
pursuant to section VIII of the Agreement.
Commerce finds no evidence of non-compliance by TENEX, TENAM, and
Centrus during the POR regarding the contract and shipment approval
requirements provided for in section V of the Agreement, established by
the SAI, and requested by Commerce. We have reviewed the submissions to
Commerce requesting approval of contracts or contract amendments
applicable to both sales and exports of Russian Uranium Products to the
United States during the POR from TENEX, TENAM, and Centrus and find
that each party has complied with the contract approval documentation
requirements in sections V.C and V.F and Appendix 2 of the Agreement
and in the SAI. We note that TENEX failed to provide to Commerce
certain contract amendments that changed the material terms of
contracts in effect as required by the SAI.\15\ However, upon discovery
of this lapse, TENEX explained the circumstances under which it
occurred and remedied the situation. We find that, while this oversight
by TENEX is not insignificant, it does not rise to the level of a
violation of the Agreement and does not imperil Commerce's ability to
ensure its strict quota accounting through the contract and shipment
approval requirements established in the Agreement and the SAI.\16\
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\15\ See SAI at 4.
\16\ Id. at 1-4.
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Regarding submissions to Commerce requesting approval of a shipment
under an approved contract or contract amendment which entered for
delivery during the POR, we have reviewed the submissions from TENEX,
TENAM, and Centrus and find that each party has complied with the
shipment approval documentation requirements established in the
Agreement and the SAI and requested by Commerce. Lastly, regarding
returned natural uranium feed and associated certification
requirements, we find no issues in the submissions from TENEX, TENAM,
and Centrus that rise to the level of non-compliance with Commerce's
requirements regarding returned natural uranium feed, as specified in
its contract and shipment approval memoranda.
Commerce is deferring analysis of whether the Agreement continues
to meet the statutory requirements until the next administrative
review. This deferral will allow Commerce to conduct a more extensive
analysis of a larger time period which it believes is
[[Page 31024]]
necessary to resolve the issues raised regarding price suppression or
undercutting and public interest in this review.
The issues raised in the case and rebuttal briefs are addressed in
the accompanying Issues and Decision Memorandum and business
proprietary memorandum.\17\ The issues are identified in the Appendix
to this notice. The Issues and Decision Memorandum is a public document
and is on file electronically via Enforcement and Compliance's
Antidumping and Countervailing Duty Centralized Electronic Service
System (ACCESS). ACCESS is available to registered users at https://access.trade.gov and in the Central Records Unit, room B8024 of the
main Department of Commerce building. In addition, a complete version
of the Issues and Decision Memorandum can be accessed directly on the
internet at https://trade.gov/enforcement/frn/. The signed
Issues and Decision Memorandum and electronic versions of the Issues
and Decision Memorandum are identical in content.
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\17\ See Issues and Decision Memorandum; see also Memorandum to
the File from Sally C. Gannon, Director for Bilateral Agreements,
``Proprietary Discussion of Issues for the Final Results of the
Administrative Review of the Agreement Suspending the Antidumping
Duty Investigation on Uranium from the Russian Federation, for the
period October 1, 2016, through September 30, 2017,'' dated
concurrently and hereby adopted by this notice.
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We are issuing and publishing these results of review in accordance
with sections 751(a)(l) and 777(i)(l) of the Act and 19 CFR 351.213 and
19 CFR 351.221(b)(5).
Dated: June 24, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
APPENDIX
Issues and Decision Memorandum
I. Summary
II. Scope of the Agreement
III. Background
IV. Discussion of the Issues
Issue 1: Alleged Violations of the Agreement
Issue 2: Failure to Meet the Statutory Requirements
V. Recommendation
[FR Doc. 2019-13867 Filed 6-27-19; 8:45 am]
BILLING CODE 3510-DS-P