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]

Download as PDF Federal Register / Vol. 84, No. 243 / Wednesday, December 18, 2019 / Notices khammond on DSKJM1Z7X2PROD with NOTICES 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.’’). VerDate Sep<11>2014 16:40 Dec 17, 2019 Jkt 250001 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 http:// 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. PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 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 E:\FR\FM\18DEN1.SGM 19 CFR 351.310(d). 18DEN1 69358 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: khammond on DSKJM1Z7X2PROD with NOTICES 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). VerDate Sep<11>2014 16:40 Dec 17, 2019 Jkt 250001 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 http://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. PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 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. E:\FR\FM\18DEN1.SGM 18DEN1 khammond on DSKJM1Z7X2PROD with NOTICES 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 VerDate Sep<11>2014 16:40 Dec 17, 2019 Jkt 250001 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. PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 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 E:\FR\FM\18DEN1.SGM 19 CFR 351.310(c). 18DEN1 69360 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 khammond on DSKJM1Z7X2PROD with NOTICES 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). VerDate Sep<11>2014 16:40 Dec 17, 2019 Jkt 250001 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 http://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 http://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 PO 00000 Frm 00008 Fmt 4703 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 http://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