Agreement Suspending the Antidumping Investigation on Uranium From the Russian Federation: Preliminary Results of 2017-2018 Administrative Review and Postponement of Final Results, 69357-69360 [2019-27229]
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Federal Register / Vol. 84, No. 243 / Wednesday, December 18, 2019 / Notices
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whole or in part. In the event Commerce
determines that expedited action is
warranted, 19 CFR 351.221(c)(3)(ii)
permits Commerce to combine the
notices of initiation and preliminary
results.
For the reasons discussed below, we
find that such sufficient information
exists to warrant CCRs. Further,
Commerce requires no additional
information to make a preliminary
finding. For this reason, as permitted by
19 CFR 351.221(c)(3)(ii), Commerce
finds that expedited action is warranted
and is conducting these reviews on an
expedited basis by publishing
preliminary results in conjunction with
a notice of initiation.
The ten domestic producers filing the
request assert that they account for
‘‘substantially all’’ 3 of the domestic
production of large diameter welded
pipe.4 Because there is no record
information that contradicts this claim,
in accordance with section 751(b) of the
Act and 19 CFR 351.222(g)(1)(i), we find
that the ten domestic producers
comprise substantially all of the
production of the domestic like product.
Because this CCR request was filed
less than 24 months after the date of
publication of notices of the final
determinations in the investigations,
pursuant to 19 CFR 351.216(c),
Commerce must determine whether
‘‘good cause’’ exists to initiate these
CCRs. We find that the ten domestic
producers’ affirmative statement of no
interest in the orders with respect to
certain specific large diameter welded
pipe products, coupled with the
circumstances described below,
constitute good cause for the conduct of
these reviews.5 Specifically, the
domestic industry does not currently
produce the particular large diameter
welded pipe products subject to this
CCR request. Furthermore, according to
the domestic producers, the investment
needed for the industry to produce these
products far exceeds the potential
benefit of such an investment, given that
the U.S. market for deep offshore
3 In its administrative practice, Commerce has
interpreted ‘‘substantially all’’ to mean at least 85
percent of the total production of the domestic like
product covered by the order. See, e.g.,
Supercalendered Paper from Canada: Final Results
of Changed Circumstances Review and Revocation
of Countervailing Duty Order, 83 FR 32268 (July 12,
2018).
4 See Oct 18 CCR Request at 5–7 (identifying
percentage of production in 2017 and 2018
(designated as business proprietary information)).
5 See, e.g., Certain Cold-Rolled Steel Flat Products
from Japan: Initiation and Preliminary Results of
Changed Circumstances Review, and Intent to
Revoke Order in Part, 82 FR 821 (January 4, 2017)
(finding that ‘‘Petitioners’ affirmative statement of
no interest in the order . . . constitutes good cause
for the conduct of this review.’’).
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projects, i.e., the primary market for the
large diameter welded pipe product
groups at issue, is relatively small.6 In
addition, the domestic producers
provided an explanation indicating that
the commercial reality has changed
since the Orders were put in place.7 In
the absence of any objection by any
other interested parties, we
preliminarily determine that
substantially all of the domestic
producers of the like product have no
interest in the continued application, in
part, of the AD and CVD orders on large
diameter welded pipe from India.
Accordingly, we are notifying the public
of our intent to revoke, in part, the AD
and CVD orders as they relate to certain
specific large diameter welded pipe
products. We intend to change the scope
of the AD and CVD orders on large
diameter welded pipe from India by
adding the exclusion language provided
in the Attachment to this notice.
Public Comment
Interested parties may submit case
briefs not later than 14 days after the
date of publication of this notice.8
Rebuttal briefs, which must be limited
to issues raised in case briefs, may be
filed not later than seven days after the
due date for case briefs.9 All
submissions must be filed electronically
using Enforcement and Compliance’s
AD and CVD Centralized Electronic
Service System (ACCESS). ACCESS is
available to registered users at https://
access.trade.gov, and to all parties in the
Central Records Unit, Room B8024 of
the main Commerce building. An
electronically filed document must be
received successfully in its entirety in
ACCESS by 5:00 p.m. Eastern Time on
the due date set forth in this notice.
An interested party may request a
hearing within 14 days of publication of
this notice. Hearing requests should
contain the following information: (1)
The party’s name, address, and
telephone number; (2) the number of
participants; and (3) a list of the issues
to be discussed. Oral presentations at
the hearing will be limited to issues
raised in the briefs. If a request for a
hearing is made, parties will be notified
of the time and date for the hearing to
be held at the U.S. Department of
Commerce, 1401 Constitution Avenue
6 See
Oct 18 CCR Request at 8.
at 9–11.
8 Commerce is exercising its discretion under 19
CFR 351.309(c)(1)(ii) to alter the time limit for filing
of case briefs.
9 Commerce is exercising its discretion under 19
CFR 351.309(d)(1) to alter the time limit for filing
of rebuttal briefs.
7 Id.
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69357
NW, Washington, DC 20230 in a room
to be determined.10
Unless extended, consistent with 19
CFR 351.216(e), we intend to issue the
final results of these CCRs no later than
270 days after the date on which these
reviews were initiated, or within 45
days of that date if all parties agree to
the outcome of the reviews.
Notification to Interested Parties
This notice is published in
accordance with sections 751(b)(1) and
777(i)(1) of the Act and 19 CFR 351.216
and 351.221(c)(3).
Dated: December 12, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
Attachment
Proposed Revision to the Scope of the Orders
Excluded from the scope of the
antidumping/countervailing duty orders are
large diameter welded pipe products in the
following combinations of grades, outside
diameters, and wall thicknesses:
• Grade X60, X65, or X70, 18″ outside
diameter, 0.688″ or greater wall thickness;
• Grade X60, X65, or X70, 20″ outside
diameter, 0.688″ or greater wall thickness;
• Grade X60, X65, X70, or X80, 22″ outside
diameter, 0.750″ or greater wall thickness;
and
• Grade X60, X65, or X70, 24″ outside
diameter, 0.750″ or greater wall thickness.
[FR Doc. 2019–27265 Filed 12–17–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–821–802]
Agreement Suspending the
Antidumping Investigation on Uranium
From the Russian Federation:
Preliminary Results of 2017–2018
Administrative Review and
Postponement of Final Results
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) is conducting an
administrative review of the Agreement
Suspending the Antidumping
Investigation on Uranium from the
Russian Federation (the Agreement). We
preliminarily find that the State Atomic
Energy Corporation ‘‘ROSATOM’’
(ROSATOM), its affiliates TENEX, JointStock Company (TENEX) and TENEX–
USA, Incorporated (TENEX–USA), and
TENEX’s unaffiliated resellers, Centrus
Energy Corp. and United States
AGENCY:
10 See
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19 CFR 351.310(d).
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Federal Register / Vol. 84, No. 243 / Wednesday, December 18, 2019 / Notices
Enrichment Corporation (collectively,
Centrus) and Nukem, Inc. (Nukem), are
in compliance with the Agreement.
DATES: Applicable December 18, 2019.
FOR FURTHER INFORMATION CONTACT:
Sally C. Gannon or Jill Buckles, Bilateral
Agreements Unit, 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:
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Background
On October 16, 1992, Commerce
signed an agreement with the Russian
Federation’s Ministry for Atomic Energy
(MINATOM), the predecessor to
ROSATOM, under section 734(l) of the
Tariff Act of 1930, as amended (the Act),
suspending the antidumping duty
investigation on uranium from the
Russian Federation.1 There have been
five amendments to the Agreement, the
most recent of which was signed on
February 1, 2008.2 Section 8118 of the
Consolidated Security, Disaster
Assistance, and Continuing
Appropriations Act, codified at 42
U.S.C. 2297h et seq. (2008) (Domenici
Amendment) established import
limitations through 2020 that in large
part mirror the export limits instituted
in the 2008 amendment to the
Agreement. On February 2, 2010,
Commerce issued its Statement of
Administrative Intent (SAI) which
provided implementation guidance
related to the 2008 amendment.
On October 1, 2018, Commerce
notified interested parties of the
opportunity to request an administrative
review of the Agreement.3 On October
26, 2016, domestic interested party
Louisiana Energy Services LLC (LES)
1 See Antidumping; Uranium from Kazakhstan,
Kyrgyzstan, Russia, Tajikistan, Ukraine, and
Uzbekistan; Suspension of Investigations and
Amendment of Preliminary Determinations, 57 FR
49220, 49235 (October 30, 1992) (1992 Suspension
Agreement).
2 See Amendment to Agreement Suspending the
Antidumping Investigation on Uranium from the
Russian Federation, 59 FR 15373 (April 1, 1994)
(1994 Amendment); Amendments to the Agreement
Suspending the Antidumping Investigation on
Uranium from the Russian Federation, 61 FR 56665
(November 4, 1996) (1996 Amendments);
Amendment to Agreement Suspending the
Antidumping Investigation on Uranium from the
Russian Federation, 62 FR 37879 (July 15, 1997)
(1997 Amendment); and Amendment to the
Agreement Suspending the Antidumping
Investigation on Uranium from the Russian
Federation, 73 FR 7705 (February 11, 2008) (2008
Amendment).
3 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
To Request Administrative Review, 83 FR 49358
(October 1, 2018).
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submitted a request for an
administrative review of the Agreement.
On December 11, 2018, Commerce
published in the Federal Register a
notice initiating an administrative
review of the Agreement.4 The period of
review (POR) is October 1, 2017 through
September 30, 2018. On April 24, 2019,
Commerce issued questionnaires to
ROSATOM, TENEX, and any other
affiliated or unaffiliated exporters and
resellers, as applicable. For a complete
description of the events that followed
the initiation of this administrative
review, see the Preliminary Decision
Memorandum.5 The Preliminary
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 to all parties in the
Central Records Unit, room B8024 of the
main Department of Commerce
building. In addition, a complete
version of the Preliminary Decision
Memorandum can be accessed directly
at https://enforcement.trade.gov/frn/.
The signed Preliminary Decision
Memorandum and the electronic
version of the Preliminary Decision
Memorandum are identical in content.
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,
4 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 83 FR
63615 (December 11, 2018).
5 See Memorandum to Jeffrey I. Kessler, Assistant
Secretary for Enforcement and Compliance,
‘‘Decision Memorandum for the Preliminary Results
of the 2017–2018 Administrative Review of the
Agreement Suspending the Antidumping
Investigation on Uranium from the Russian
Federation,’’ dated concurrently with and adopted
by this notice.
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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 Preliminary Decision
Memorandum.
Methodology and Preliminary Results
Commerce is conducting this review
in accordance with section 751(a)(1)(C)
of the Act, which specifies that
Commerce shall ‘‘review the current
status of, and compliance with, any
agreement by reason of which an
investigation was suspended.’’ In this
case, Commerce and MINATOM (the
predecessor to ROSATOM) signed the
Agreement on October 16, 1992, which
was subsequently amended on March
11, 1994, October 3, 1996, May 7, 1997,
and February 1, 2008. Section 734(l)
provides that Commerce may suspend
an investigation upon acceptance of an
agreement with a non-market-economy
country 6 to restrict the volume of
imports into the United States, if
Commerce determines that such an
agreement is in the public interest,
effective monitoring is practicable, and
the agreement ‘‘will prevent the
suppression or undercutting of price
levels of domestic products by imports
of the merchandise under
investigation.’’
After reviewing the information
submitted in initial and supplemental
questionnaire responses and related
new factual information and comments
from interested parties in this
administrative review, we preliminarily
find ROSATOM, TENEX, TENEX–USA,
Centrus, and Nukem to be in
compliance with the terms of the
Agreement and the SAI during the POR.
Commerce reviewed the export
certificates, invoices, contracts, contract
amendments, shipment approval
request documentation, Commerce
contract and shipment approval
memoranda, Master Export Schedules,
and other information contained in
questionnaire responses submitted on
the record of the administrative review
by the respondents for completeness
and compliance. In particular, we
examined compliance with the
Agreement’s Section IV.B.1 and IV.H
export limits, with Sections IV.E, V.C,
6 Because Commerce determined that the Russian
Federation was a non-market economy at the time
the Agreement was signed, the Agreement was
entered into under section 734(l) of the Act, which
applies to non-market-economy countries.
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Federal Register / Vol. 84, No. 243 / Wednesday, December 18, 2019 / Notices
V.F, VII.D, Appendix 2, and Appendix
3 of the Agreement, with the
requirements of the SAI, and with
Commerce’s returned feed certification
requirements. Based on our review of
the record evidence, we preliminarily
found no evidence of non-compliance
by respondents, as applicable, with
regard to Sections IV.B.1, IV.H, IV.E,
V.C, VII.D, Appendix 2, and Appendix
3 of the Agreement and with regard to
the returned feed certification
requirements. Regarding the Section V.F
and SAI contract and contract
amendment approval requirements, we
reviewed information on the record and
preliminarily found respondents to be
in compliance during the POR.
However, we requested clarifying
information from TENEX with regard to
certain contracts, contract amendments,
and side letters applicable to sales and
exports during the POR in a
supplemental questionnaire, the
response for which will be due to
Commerce after these preliminary
results. In addition, Commerce intends
to issue a supplemental questionnaire to
Centrus, the response for which will
also be due after these preliminary
results. As these responses, and any
interested party submissions of rebuttal
new factual information, will be
received after issuance of these
preliminary results, we intend to
continue our examination of compliance
in a post-preliminary analysis.
A review of information in initial and
supplemental questionnaire responses
also shows that effective monitoring of
the Agreement is practicable. The
Agreement and subsequent SAI
guidance provide numerous tools for
Commerce to effectively monitor
compliance with the export limits, both
under Section IV.B.1 (domestic
consumption) and Section IV.H (reexport), for Russian Uranium Products.
As discussed above, Commerce has
preliminarily found respondents to be
in compliance with not only the
contract, contract amendment, and
shipment approval requirements of
Sections V.C and V.F and the SAI but
also the reporting requirements in
Appendix 2 and Appendix 3 of the
Agreement and the SAI. The structure of
the Agreement, combined with the
requirements of the SAI and
Commerce’s contract, contract
amendment, and shipment approval
memoranda, provide Commerce with
the necessary tools to monitor
compliance with the Agreement and
establish corresponding procedures,
such as the reporting requirements in
Appendix 3 for example, that ensure
ROSATOM and its affiliates will restrict
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their sales and exports in compliance
with the Agreement’s export limits.
Therefore, we preliminarily find that the
Agreement continues to meet the
statutory requirement, pursuant to
section 734(d)(2) of the Act, of being
able to be effectively monitored.
Regarding the statutory requirements
of sections 734(d)(1) and 734(l)(1)(B) of
the Act, Commerce finds that it requires
additional time and information in
order to complete its examination of
whether the Agreement continues to
meet these statutory requirements,
particularly since interested parties still
have the opportunity to submit new
factual information and comments on
information and supplemental
questionnaire responses received, and
still to be received, on the record. In
light of interested parties’ comments to
date, the voluminous information on the
record of this administrative review and
from the previous administrative review
still under consideration, and the
complex nature of the statutory
requirements, i.e., that the Agreement
prevent price suppression or
undercutting and be in the public
interest, Commerce needs more time to
examine related new factual information
and comments received, and to be
received, from interested parties on the
broader issues related to whether the
Agreement remains in the public
interest and whether it continues to
prevent price suppression and
undercutting. Therefore, we intend to
continue our examination after the
issuance of these preliminary results in
order to reach a full preliminary
determination on whether the
Agreement has been complied with
during the POR and whether the
Agreement continues to meet the
statutory requirements set forth in
section 734(l) of the Act. Commerce
intends to issue a post-preliminary
analysis as soon as practicable. For a
full description of the methodology
underlying our conclusions, see the
Preliminary Decision Memorandum.
Disclosure and Public Comment
As discussed above, Commerce needs
additional information and additional
time to review the information received
before making a definitive preliminary
finding. Therefore, we intend to issue a
post-preliminary analysis on these
issues as soon as practicable. The
comment period on these preliminary
results as well as the post-preliminary
analysis will be stated with the release
of the post-preliminary analysis. At that
time, interested parties will have the
opportunity to submit case and rebuttal
briefs.
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69359
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing must submit a written request to
the Assistant Secretary for Enforcement
and Compliance, filed electronically via
ACCESS. An electronically filed
document must be received successfully
in its entirety by Commerce’s electronic
records system ACCESS, by 5:00 p.m.
Eastern Time within 30 days after the
date of publication of this notice.
Requests should contain: (1) The party’s
name, address and telephone number;
(2) the number of participants; and (3)
a list of issues to be discussed. Issues
raised in the hearing will be limited to
those raised in the respective case
briefs. If a request for a hearing is made,
parties will be notified of the time and
date for the hearing to be held at the
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230.7
Postponement of Final Results
Section 751(a)(3)(A) of the Act,
requires Commerce to complete the final
results of an administrative review
within 120 days after the date on which
the preliminary results are published. If
it is not practicable to complete the
review within this time period, section
751(a)(3)(A) of the Act and 19 CFR
351.213(h)(2) allow Commerce to extend
the time limit for the final results to a
maximum of 180 days after the date on
which the preliminary results are
published.
We determine that it is not practicable
to complete the final results of this
administrative review within 120 days
from the date of publication of these
preliminary results. Commerce requires
additional time to analyze supplemental
questionnaire responses and
submissions of factual information,
complete our examination, issue our
post-preliminary analysis, potentially
conduct verification of questionnaire
responses, and allow for case briefs and
rebuttal briefs on our preliminary and
post-preliminary results. Accordingly,
Commerce is extending the deadline for
the final results of this administrative
review by 60 days. The final results of
the review will now be due no later than
180 days from the date of publication of
these preliminary results.
We are issuing and publishing these
preliminary results of review in
accordance with sections 751(a)(l) and
777(i)(l) of the Act and 19 CFR 351.213.
7 See
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19 CFR 351.310(c).
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Federal Register / Vol. 84, No. 243 / Wednesday, December 18, 2019 / Notices
Dated: December 10, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
Methodology
[FR Doc. 2019–27229 Filed 12–17–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–836]
Certain Cut-to-Length Carbon-Quality
Steel Plate Products From the
Republic of Korea: Preliminary Results
of Antidumping Duty Administrative
Review; 2018–2019
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that producers and/or exporters subject
to this administrative review made sales
of subject merchandise at less than
normal value. Interested parties are
invited to comment on these
preliminary results of review.
DATES: Applicable December 18, 2019.
FOR FURTHER INFORMATION CONTACT:
Allison Hollander or Michael A.
Romani, AD/CVD Operations, Office I,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–2805 or
(202) 482–0198, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On May 2, 2019, Commerce initiated
the administrative review of the
antidumping duty order on certain cutto-length carbon-quality steel plate
products (CTL plate) from the Republic
of Korea (Korea).1 The period of review
(POR) is February 1, 2018 through
January 31, 2019.
Scope of the Order
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The products covered by the
antidumping duty order are certain CTL
plate from Korea. A full description of
the scope of the order is contained in
the Preliminary Decision
Memorandum.2
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 84 FR
18777, 18782 (May 2, 2019) (Initiation Notice).
2 See Memorandum, ‘‘Certain Cut-to-Length
Carbon-Quality Steel Plate Products from the
Republic of Korea: Decision Memorandum for
Preliminary Results of Antidumping Duty
Administrative Review; 2018–2019,’’ dated
concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
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Commerce is conducting this review
in accordance with section 751 of the
Tariff Act of 1930, as amended (the Act).
Export price and constructed export
price are calculated in accordance with
section 772 of the Act. Normal value is
calculated in accordance with section
773 of the Act.
For a full description of the
methodology underlying our
conclusions, see the Preliminary
Decision Memorandum. A list of the
topics included in the Preliminary
Decision Memorandum is included in
the appendix to this notice. The
Preliminary Decision Memorandum is a
public document and is made available
to the public 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 to all
parties in the Central Records Unit,
located at Room B8024 of the main
Commerce building. In addition, a
complete version of the Preliminary
Decision Memorandum can be found at
https://enforcement.trade.gov/frn/
index.html. The signed and electronic
versions of Preliminary Decision
Memorandum are identical in content.
Rates for Non-Examined Companies
The statute and Commerce’s
regulations do not address the
establishment of a rate to be applied to
companies not selected for examination
when Commerce limits its examination
in an administrative review pursuant to
section 777A(c)(2) of the Act. Generally,
Commerce looks to section 735(c)(5) of
the Act, which provides instructions for
calculating the all-others rate in a
market economy investigation, for
guidance when calculating the rate for
companies which were not selected for
individual examination in an
administrative review. Under section
735(c)(5)(A) of the Act, the all-others
rate is normally ‘‘an amount equal to the
weighted average of the estimated
weighted-average dumping margins
established for exporters and producers
individually investigated, excluding any
zero or de minimis margins, and any
margins determined entirely {on the
basis of facts available}.’’
In this review, we have preliminarily
calculated weighted-average dumping
margins for Dongkuk Steel Mill Co., Ltd.
(Dongkuk) and Hyundai Steel Company
(Hyundai Steel) that are not zero, de
minimis, or determined entirely {on the
basis of facts available. Accordingly,
Commerce preliminarily has assigned to
the companies not individually
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Sfmt 4703
examined, BDP International and Sung
Jin Steel Co., Ltd.,3 a margin of 6.98
percent, which is the weighted average
of Dongkuk’s and Hyundai Steel’s
calculated weighted-average dumping
margins}.4
Preliminary Results of the
Administrative Review
We preliminarily determine that the
following weighted-average dumping
margins exist for the respondents for the
period February 1, 2018 through January
31, 2019:
Producer/exporter
Dongkuk Steel Mill Co., Ltd ........
Hyundai Steel Company .............
BDP International .......................
Sung Jin Steel Co., Ltd ..............
Weightedaverage
dumping
margin
(percent)
10.92
5.68
6.98
6.98
Disclosure and Public Comment
We intend to disclose the calculations
performed for these preliminary results
to the parties within five days after
public announcement of the preliminary
results in accordance with 19 CFR
351.224(b). Pursuant to 19 CFR
351.309(c), interested parties may
submit case briefs not later than 30 days
after the date of publication of this
notice. Rebuttal briefs, limited to issues
raised in the case briefs, may be filed
not later than five days after the date for
filing case briefs.5 Parties who submit
case briefs or rebuttal briefs in this
proceeding are encouraged to submit
with each argument: (1) A statement of
the issue, (2) a brief summary of the
argument, and (3) a table of authorities.6
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing, must submit a written request
to the Assistant Secretary for
Enforcement and Compliance, filed
electronically via ACCESS. An
electronically filed document must be
received successfully in its entirety via
ACCESS by 5:00 p.m. Eastern Time
within 30 days after the date of
publication of this notice.7 Requests
should contain: (1) The party’s name,
address, and telephone number; (2) the
number of participants; and (3) a list of
3 See
Initiation Notice, 84 FR at 18782.
more information regarding the calculation
of this margin, see Memorandum, ‘‘Certain Cut-toLength Carbon-Quality Steel Plate Products from
the Republic of Korea: Preliminary Results of
Antidumping Duty Administrative Review; 2018–
2019; Calculation of the Margin for Non-Examined
Companies,’’ dated concurrently with this
memorandum.
5 See 19 CFR 351.309(d).
6 See 19 CFR 351.309(c)(2) and (d)(2).
7 See 19 CFR 351.310(c).
4 For
E:\FR\FM\18DEN1.SGM
18DEN1
]]>Agencies
[Federal Register Volume 84, Number 243 (Wednesday, December 18, 2019)]
[Notices]
[Pages 69357-69360]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-27229]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-821-802]
Agreement Suspending the Antidumping Investigation on Uranium
From the Russian Federation: Preliminary Results of 2017-2018
Administrative Review and Postponement of Final Results
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) is conducting an
administrative review of the Agreement Suspending the Antidumping
Investigation on Uranium from the Russian Federation (the Agreement).
We preliminarily find that the State Atomic Energy Corporation
``ROSATOM'' (ROSATOM), its affiliates TENEX, Joint-Stock Company
(TENEX) and TENEX-USA, Incorporated (TENEX-USA), and TENEX's
unaffiliated resellers, Centrus Energy Corp. and United States
[[Page 69358]]
Enrichment Corporation (collectively, Centrus) and Nukem, Inc. (Nukem),
are in compliance with the Agreement.
DATES: Applicable December 18, 2019.
FOR FURTHER INFORMATION CONTACT: Sally C. Gannon or Jill Buckles,
Bilateral Agreements Unit, 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 October 16, 1992, Commerce signed an agreement with the Russian
Federation's Ministry for Atomic Energy (MINATOM), the predecessor to
ROSATOM, under section 734(l) of the Tariff Act of 1930, as amended
(the Act), suspending the antidumping duty investigation on uranium
from the Russian Federation.\1\ There have been five amendments to the
Agreement, the most recent of which was signed on February 1, 2008.\2\
Section 8118 of the Consolidated Security, Disaster Assistance, and
Continuing Appropriations Act, codified at 42 U.S.C. 2297h et seq.
(2008) (Domenici Amendment) established import limitations through 2020
that in large part mirror the export limits instituted in the 2008
amendment to the Agreement. On February 2, 2010, Commerce issued its
Statement of Administrative Intent (SAI) which provided implementation
guidance related to the 2008 amendment.
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\1\ See Antidumping; Uranium from Kazakhstan, Kyrgyzstan,
Russia, Tajikistan, Ukraine, and Uzbekistan; Suspension of
Investigations and Amendment of Preliminary Determinations, 57 FR
49220, 49235 (October 30, 1992) (1992 Suspension Agreement).
\2\ See Amendment to Agreement Suspending the Antidumping
Investigation on Uranium from the Russian Federation, 59 FR 15373
(April 1, 1994) (1994 Amendment); Amendments to the Agreement
Suspending the Antidumping Investigation on Uranium from the Russian
Federation, 61 FR 56665 (November 4, 1996) (1996 Amendments);
Amendment to Agreement Suspending the Antidumping Investigation on
Uranium from the Russian Federation, 62 FR 37879 (July 15, 1997)
(1997 Amendment); and Amendment to the Agreement Suspending the
Antidumping Investigation on Uranium from the Russian Federation, 73
FR 7705 (February 11, 2008) (2008 Amendment).
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On October 1, 2018, Commerce notified interested parties of the
opportunity to request an administrative review of the Agreement.\3\ On
October 26, 2016, domestic interested party Louisiana Energy Services
LLC (LES) submitted a request for an administrative review of the
Agreement. On December 11, 2018, Commerce published in the Federal
Register a notice initiating an administrative review of the
Agreement.\4\ The period of review (POR) is October 1, 2017 through
September 30, 2018. On April 24, 2019, Commerce issued questionnaires
to ROSATOM, TENEX, and any other affiliated or unaffiliated exporters
and resellers, as applicable. For a complete description of the events
that followed the initiation of this administrative review, see the
Preliminary Decision Memorandum.\5\ The Preliminary 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 to all parties in the Central Records
Unit, room B8024 of the main Department of Commerce building. In
addition, a complete version of the Preliminary Decision Memorandum can
be accessed directly at https://enforcement.trade.gov/frn/. The signed
Preliminary Decision Memorandum and the electronic version of the
Preliminary Decision Memorandum are identical in content.
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\3\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity To Request Administrative
Review, 83 FR 49358 (October 1, 2018).
\4\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 83 FR 63615 (December 11, 2018).
\5\ See Memorandum to Jeffrey I. Kessler, Assistant Secretary
for Enforcement and Compliance, ``Decision Memorandum for the
Preliminary Results of the 2017-2018 Administrative Review of the
Agreement Suspending the Antidumping Investigation on Uranium from
the Russian Federation,'' dated concurrently with and adopted by
this notice.
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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 Preliminary Decision Memorandum.
Methodology and Preliminary Results
Commerce is conducting this review in accordance with section
751(a)(1)(C) of the Act, which specifies that Commerce shall ``review
the current status of, and compliance with, any agreement by reason of
which an investigation was suspended.'' In this case, Commerce and
MINATOM (the predecessor to ROSATOM) signed the Agreement on October
16, 1992, which was subsequently amended on March 11, 1994, October 3,
1996, May 7, 1997, and February 1, 2008. Section 734(l) provides that
Commerce may suspend an investigation upon acceptance of an agreement
with a non-market-economy country \6\ to restrict the volume of imports
into the United States, if Commerce determines that such an agreement
is in the public interest, effective monitoring is practicable, and the
agreement ``will prevent the suppression or undercutting of price
levels of domestic products by imports of the merchandise under
investigation.''
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\6\ Because Commerce determined that the Russian Federation was
a non-market economy at the time the Agreement was signed, the
Agreement was entered into under section 734(l) of the Act, which
applies to non-market-economy countries.
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After reviewing the information submitted in initial and
supplemental questionnaire responses and related new factual
information and comments from interested parties in this administrative
review, we preliminarily find ROSATOM, TENEX, TENEX-USA, Centrus, and
Nukem to be in compliance with the terms of the Agreement and the SAI
during the POR. Commerce reviewed the export certificates, invoices,
contracts, contract amendments, shipment approval request
documentation, Commerce contract and shipment approval memoranda,
Master Export Schedules, and other information contained in
questionnaire responses submitted on the record of the administrative
review by the respondents for completeness and compliance. In
particular, we examined compliance with the Agreement's Section IV.B.1
and IV.H export limits, with Sections IV.E, V.C,
[[Page 69359]]
V.F, VII.D, Appendix 2, and Appendix 3 of the Agreement, with the
requirements of the SAI, and with Commerce's returned feed
certification requirements. Based on our review of the record evidence,
we preliminarily found no evidence of non-compliance by respondents, as
applicable, with regard to Sections IV.B.1, IV.H, IV.E, V.C, VII.D,
Appendix 2, and Appendix 3 of the Agreement and with regard to the
returned feed certification requirements. Regarding the Section V.F and
SAI contract and contract amendment approval requirements, we reviewed
information on the record and preliminarily found respondents to be in
compliance during the POR. However, we requested clarifying information
from TENEX with regard to certain contracts, contract amendments, and
side letters applicable to sales and exports during the POR in a
supplemental questionnaire, the response for which will be due to
Commerce after these preliminary results. In addition, Commerce intends
to issue a supplemental questionnaire to Centrus, the response for
which will also be due after these preliminary results. As these
responses, and any interested party submissions of rebuttal new factual
information, will be received after issuance of these preliminary
results, we intend to continue our examination of compliance in a post-
preliminary analysis.
A review of information in initial and supplemental questionnaire
responses also shows that effective monitoring of the Agreement is
practicable. The Agreement and subsequent SAI guidance provide numerous
tools for Commerce to effectively monitor compliance with the export
limits, both under Section IV.B.1 (domestic consumption) and Section
IV.H (re-export), for Russian Uranium Products. As discussed above,
Commerce has preliminarily found respondents to be in compliance with
not only the contract, contract amendment, and shipment approval
requirements of Sections V.C and V.F and the SAI but also the reporting
requirements in Appendix 2 and Appendix 3 of the Agreement and the SAI.
The structure of the Agreement, combined with the requirements of the
SAI and Commerce's contract, contract amendment, and shipment approval
memoranda, provide Commerce with the necessary tools to monitor
compliance with the Agreement and establish corresponding procedures,
such as the reporting requirements in Appendix 3 for example, that
ensure ROSATOM and its affiliates will restrict their sales and exports
in compliance with the Agreement's export limits. Therefore, we
preliminarily find that the Agreement continues to meet the statutory
requirement, pursuant to section 734(d)(2) of the Act, of being able to
be effectively monitored.
Regarding the statutory requirements of sections 734(d)(1) and
734(l)(1)(B) of the Act, Commerce finds that it requires additional
time and information in order to complete its examination of whether
the Agreement continues to meet these statutory requirements,
particularly since interested parties still have the opportunity to
submit new factual information and comments on information and
supplemental questionnaire responses received, and still to be
received, on the record. In light of interested parties' comments to
date, the voluminous information on the record of this administrative
review and from the previous administrative review still under
consideration, and the complex nature of the statutory requirements,
i.e., that the Agreement prevent price suppression or undercutting and
be in the public interest, Commerce needs more time to examine related
new factual information and comments received, and to be received, from
interested parties on the broader issues related to whether the
Agreement remains in the public interest and whether it continues to
prevent price suppression and undercutting. Therefore, we intend to
continue our examination after the issuance of these preliminary
results in order to reach a full preliminary determination on whether
the Agreement has been complied with during the POR and whether the
Agreement continues to meet the statutory requirements set forth in
section 734(l) of the Act. Commerce intends to issue a post-preliminary
analysis as soon as practicable. For a full description of the
methodology underlying our conclusions, see the Preliminary Decision
Memorandum.
Disclosure and Public Comment
As discussed above, Commerce needs additional information and
additional time to review the information received before making a
definitive preliminary finding. Therefore, we intend to issue a post-
preliminary analysis on these issues as soon as practicable. The
comment period on these preliminary results as well as the post-
preliminary analysis will be stated with the release of the post-
preliminary analysis. At that time, interested parties will have the
opportunity to submit case and rebuttal briefs.
Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, filed electronically via
ACCESS. An electronically filed document must be received successfully
in its entirety by Commerce's electronic records system ACCESS, by 5:00
p.m. Eastern Time within 30 days after the date of publication of this
notice. Requests should contain: (1) The party's name, address and
telephone number; (2) the number of participants; and (3) a list of
issues to be discussed. Issues raised in the hearing will be limited to
those raised in the respective case briefs. If a request for a hearing
is made, parties will be notified of the time and date for the hearing
to be held at the U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230.\7\
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\7\ See 19 CFR 351.310(c).
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Postponement of Final Results
Section 751(a)(3)(A) of the Act, requires Commerce to complete the
final results of an administrative review within 120 days after the
date on which the preliminary results are published. If it is not
practicable to complete the review within this time period, section
751(a)(3)(A) of the Act and 19 CFR 351.213(h)(2) allow Commerce to
extend the time limit for the final results to a maximum of 180 days
after the date on which the preliminary results are published.
We determine that it is not practicable to complete the final
results of this administrative review within 120 days from the date of
publication of these preliminary results. Commerce requires additional
time to analyze supplemental questionnaire responses and submissions of
factual information, complete our examination, issue our post-
preliminary analysis, potentially conduct verification of questionnaire
responses, and allow for case briefs and rebuttal briefs on our
preliminary and post-preliminary results. Accordingly, Commerce is
extending the deadline for the final results of this administrative
review by 60 days. The final results of the review will now be due no
later than 180 days from the date of publication of these preliminary
results.
We are issuing and publishing these preliminary results of review
in accordance with sections 751(a)(l) and 777(i)(l) of the Act and 19
CFR 351.213.
[[Page 69360]]
Dated: December 10, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2019-27229 Filed 12-17-19; 8:45 am]
BILLING CODE 3510-DS-P
