Draft Amendment to the Agreement Suspending the Antidumping Investigation on Uranium From the Russian Federation; Request for Comment, 57824-57832 [2020-20500]
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57824
Federal Register / Vol. 85, No. 180 / Wednesday, September 16, 2020 / Notices
Dated: September 9, 2020.
Joseph A. Laroski, Jr.,
Deputy Assistant Secretary for Policy and
Negotiations.
Appendix I
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Application of Partial Facts Available and
Use of Adverse Inference
V. Final Determination of No Shipments
VI. Changes Since the Preliminary Results
VII. Discussion of the Issues
Tokyo Steel-Specific Issues
Comment 1: Whether Tokyo Steel’s Scrap
Reporting is Flawed
Comment 2: Whether Commerce Should
Adjust Tokyo Steel’s Reported Costs by
Assigning Non-Prime Cost of Production
to Prime Products
Comment 3: Whether the Quality Product
Characteristic for Some of Tokyo Steel’s
HM Sales is Incorrect
NSC-Specific Issues
Comment 4: Whether Commerce Should
Continue to Apply Partial AFA to
Certain NSC’s Affiliated Downstream
Resales in the Home Market
Comment 5: Whether Commerce Properly
Excluded Certain Further Manufactured
U.S. Sales
Comment 6: Whether NSC’s Reported
Domestic Inland Freight and
Warehousing for U.S. Sales Were Made
at Arm’s Length
Comment 7: Whether Commerce Should
Account for NSC’s Unreported Domestic
Brokerage Expenses
Comment 8: Whether NSC’s Reported
International Freight Expenses Were
Made at Arm’s Length
Comment 9: Whether NSC Has Accounted
for the Miscellaneous U.S. Inland Freight
Expenses
Comment 10: Whether Commerce Should
Apply AFA for Determining NSC’s
Further Manufacturing Costs
Comment 11: Whether Commerce
Incorrectly Increased NSC’s Further
Manufacturing Costs to Account for the
Markup Steelscape Washington LLC
Charges Steel Scape LLC
VIII. Recommendation
[FR Doc. 2020–20426 Filed 9–15–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
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[A–821–802]
Draft Amendment to the Agreement
Suspending the Antidumping
Investigation on Uranium From the
Russian Federation; Request for
Comment
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
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The U.S. Department of
Commerce (Commerce) and State
Atomic Energy Corporation Rosatom
(Rosatom) have initialed a draft
amendment to the Agreement
Suspending the Antidumping
Investigation on Uranium from the
Russian Federation (Agreement). The
draft amendment will allow the Russian
Federation to export Russian uranium
products to the United States in
accordance with the export limits and
other terms detailed in the amendment.
Commerce is inviting interested parties,
industrial users, and the public to
comment on the text of the draft
amendment to the Agreement.
DATES: Applicable September 11, 2020.
Comments are due by 5:00 p.m. Eastern
Time on September 28, 2020.
ADDRESSES: All submissions to
Commerce must be filed electronically
using Enforcement and Compliance’s
Antidumping Duty and Countervailing
Duty Centralized Electronic Service
System (ACCESS). ACCESS is available
to registered users at https://
access.trade.gov. See the
SUPPLEMENTARY INFORMATION for
additional details.
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:
SUMMARY:
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 On February 22,
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).
2 See Amendment to Agreement Suspending the
Antidumping Investigation on Uranium from the
Russian Federation, 59 FR 15373 (April 1, 1994);
Amendments to the Agreement Suspending the
Antidumping Investigation on Uranium from the
Russian Federation, 61 FR 56665 (November 4,
1996); Amendment to Agreement Suspending the
Antidumping Investigation on Uranium from the
Russian Federation, 62 FR 37879 (July 15, 1997);
and Amendment to the Agreement Suspending the
Antidumping Investigation on Uranium from the
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2019, Commerce formally opened
consultations with Rosatom with
respect to a possible extension of the
Agreement’s term.3
Draft Amendment
On September 11, 2020, Commerce
and Rosatom initialed a draft
amendment to the Agreement. The draft
amendment allows for exports of
Russian uranium products to the United
States in accordance with the export
limits and other terms detailed in the
amendment. In general, the draft
amendment will reduce U.S. reliance on
imports of uranium from Russia over the
long term. Under the current
Agreement, Russian uranium exports
are limited to approximately 20 percent
of U.S. enrichment demand. Under the
draft amended Agreement, the export
limits will be equivalent to 24 percent
of U.S. enrichment demand in 2021, 20
percent in 2022, 24 percent in 2023, 20
percent per year from 2024 to 2027, and
15 percent per year from 2028 to 2040.
(Export limits are to be calculated on the
basis of the World Nuclear Association’s
Lower Scenario, a 4.4 percent product
assay, and a 0.3 percent tails assay.)
These figures correspond to an average
of approximately 17 percent over the
next 20 years.
The draft amendment to the
Agreement also strengthens existing
protections for the U.S. commercial
enrichment industry, by extending and
reducing the Agreement’s export limits,
as discussed above.
The draft amendment to the
Agreement establishes protections for
U.S. uranium miners and the U.S.
uranium converter by limiting sales of
enriched uranium product (EUP) and
sales of enrichment (i.e., separative
work units, or SWU) plus conversion
under the export limits. Under the draft
amendment, the cap on exports
pursuant to EUP sales is equivalent to
15 percent of U.S. enrichment demand
in 2021, 9.8 percent in 2022, 10.2
percent in 2023, 5.7 percent in 2024, 5.3
percent in 2025, and 5 percent per year
from 2026 to 2040. The cap for
additional exports pursuant to sales of
SWU plus conversion is equivalent to 1
percent of U.S. enrichment demand in
2021, approximately 3 percent from
2022 to 2025, and zero percent from
2026 to 2040. These figures correspond
to an average of 7 percent of U.S.
enrichment demand for the combined
Russian Federation, 73 FR 7705 (February 11,
2008).
3 See Letter to Rosatom from P. Lee Smith, Deputy
Assistant Secretary for Policy & Negotiations,
‘‘Consultations on the Agreement Suspending the
Antidumping Investigation on Uranium from the
Russian Federation,’’ dated February 22, 2019.
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Federal Register / Vol. 85, No. 180 / Wednesday, September 16, 2020 / Notices
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EUP and SWU plus conversion limits
over the 20-year period. The current
Agreement contains no limits on sales of
EUP or SWU plus conversion, other
than the general export limits (which
are equivalent to approximately 20
percent of U.S. enrichment demand, as
noted above).
The draft amendment includes
updated provisions with respect to
natural uranium returned or provided
by U.S. customers to the Russian
exporter pursuant to sales of enrichment
(i.e., ‘‘returned feed’’). The draft
amendment fixes ‘‘returned feed’’
provisions in the existing Agreement
that are detrimental to U.S. uranium
miners and the U.S. converter.
Specifically, under the current
Agreement, foreign-origin returned feed
can be delivered to the Russian
exporter, enriched in Western Europe,
and then exported to the United States
outside the Agreement’s export limits.
The draft amended Agreement would
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18:20 Sep 15, 2020
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require foreign-origin returned feed that
is enriched or sold in third countries to
be subject to the Agreement’s export
limits if exported back to the United
States.
The export limits and other caps in
the draft amendment are generally
structured to allow U.S. customers to
fulfill preexisting contractual
obligations to purchase Russian
uranium products.
The full text of the draft amendment
to the Agreement follows in the Annex
to this notice with the exception of
Appendix 5 which contains business
proprietary information and is
releasable only under the
Administrative Protective Order (APO).
Comment Period
Commerce invites interested parties to
comment on the text of the draft
amendment to the Agreement. In
addition, industrial users such as utility
companies, and the public, may also
comment on the text of the draft
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amendment. Comments are due by 5:00
p.m. Eastern Time on September 28,
2020. Commerce will consider all
comments received by the due date, and
will formally address all timely filed
comments from interested parties for
purposes of a final amendment to the
Agreement.
All information provided to
Commerce will be subject to release
under APO and should be submitted in
accordance with 19 CFR 351.103 and 19
CFR 351.105 of Commerce’s regulations,
including the service of copies of
comments on interested parties to this
proceeding. The APO and public service
lists in this proceeding can be found in
ACCESS. Commerce will consider all
comments received by the close of the
comment period.
Dated: September 11, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
BILLING CODE 3510–DS–C
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Federal Register / Vol. 85, No. 180 / Wednesday, September 16, 2020 / Notices
57832
Federal Register / Vol. 85, No. 180 / Wednesday, September 16, 2020 / Notices
[FR Doc. 2020–20500 Filed 9–14–20; 11:15 am]
BILLING CODE 3510–DS–C
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XA452]
Endangered and Threatened Species;
Notice of Initiation of a 5-Year Review
of Five Foreign Sturgeon Species
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; request for information.
AGENCY:
NMFS announces the
initiation of a 5-year review for the
following five foreign sturgeon species:
Adriatic sturgeon (Acipenser naccarii),
European sturgeon (A. sturio), Chinese
sturgeon (A. sinensis), Sakhalin
sturgeon (A. mikadoi), and Kaluga
sturgeon (Huso dauricus). NMFS is
required by the Endangered Species Act
(ESA) to conduct 5-year reviews to
ensure that the listing classifications of
species are accurate. The 5-year review
must be based on the best scientific and
commercial data available at the time of
the review. We request submission of
any such information on these five
sturgeon species, particularly
information on the status, threats, and
recovery of the species that has become
available since their listing, effective
July 2, 2014.
DATES: To allow us adequate time to
conduct this review, we must receive
your information no later than
November 16, 2020.
ADDRESSES: You may submit
information on this document,
identified by NOAA–NMFS–2020–0121,
by either of the following methods:
• Electronic Submission: Submit
electronic information via the Federal eRulemaking Portal. Go to
www.regulations.gov and enter NOAA–
NMFS–2020–0121. Click on the
‘‘Comment Now!’’ icon and complete
the required fields. Enter or attach your
comments.
Instructions: Comments sent by any
other method, to any other address or
individual, or received after the end of
the specified period, may not be
considered. All comments received are
a part of the public record and will
generally be posted for public viewing
on www.regulations.gov without change.
All personal identifying information
(e.g., name, address, etc.), confidential
business information, or otherwise
sensitive or protected information
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SUMMARY:
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18:20 Sep 15, 2020
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submitted voluntarily by the sender will
be publicly accessible. NMFS will
accept anonymous submissions (enter
‘‘N/A’’ in the required fields if you wish
to remain anonymous).
FOR FURTHER INFORMATION CONTACT:
Adrienne Lohe, NMFS Office of
Protected Resources, (301) 427–8442,
Adrienne.Lohe@noaa.gov.
SUPPLEMENTARY INFORMATION: This
notice announces our review of the
following foreign sturgeon species listed
as endangered under the ESA: Adriatic
Sturgeon (Acipenser naccarii), European
sturgeon (A. sturio), Chinese sturgeon
(A. sinensis), Sakhalin sturgeon (A.
mikadoi), and Kaluga sturgeon (Huso
dauricus). Section 4(c)(2)(A) of the ESA
requires that we conduct a review of
listed species at least once every 5 years.
This will be the first review of these
species since they were listed in 2014
(79 FR 31222; June 2, 2014). The
regulations in 50 CFR 424.21 require
that we publish a notice in the Federal
Register announcing species currently
under active review. On the basis of
such reviews under section 4(c)(2)(B),
we determine whether any species
should be removed from the list (i.e.,
delisted) or reclassified from
endangered to threatened or from
threatened to endangered (16 U.S.C.
1533(c)(2)(B)). As described by the
regulations in 50 CFR 424.11(e), the
Secretary shall delist a species if the
Secretary finds that, after conducting a
status review based on the best
scientific and commercial data
available: (1) The species is extinct; (2)
the species does not meet the definition
of an endangered species or a threatened
species; and/or (3) the listed entity does
not meet the statutory definition of a
species. Any change in Federal
classification would require a separate
rulemaking process.
Background information on each of
the three species is available on the
NMFS website at: https://
www.fisheries.noaa.gov/fish-sharks.
Public Solicitation of New Information
To ensure that the reviews are
complete and based on the best
available scientific and commercial
information, we are soliciting new
information from the public,
governmental agencies, Tribes, the
scientific community, industry,
environmental entities, and any other
interested parties concerning the status
of A. naccarii, A. sturio, A. sinensis, A.
mikadoi, and H. dauricus. Categories of
requested information include: (1)
Species biology including, but not
limited to, population trends,
distribution, abundance, demographics,
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and genetics; (2) habitat conditions
including, but not limited to, amount,
distribution, and important features for
conservation; (3) status and trends of
threats to the species and its habitats; (4)
conservation measures that have been
implemented that benefit the species,
including monitoring data
demonstrating effectiveness of such
measures; and (5) other new
information, data, or corrections
including, but not limited to, taxonomic
or nomenclatural changes and improved
analytical methods for evaluating
extinction risk.
If you wish to provide information for
the reviews, you may submit your
information and materials electronically
(see ADDRESSES section). We request that
all information be accompanied by
supporting documentation such as
maps, bibliographic references, or
reprints of pertinent publications. We
also would appreciate the submitter’s
name, address, and any association,
institution, or business that the person
represents; however, anonymous
submissions will also be accepted.
Authority: 16 U.S.C. 1531 et seq.
Dated: September 10, 2020.
Angela Somma,
Chief, Endangered Species Conservation
Division, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2020–20398 Filed 9–15–20; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XA484]
Mid-Atlantic Fishery Management
Council (MAFMC); Public Meetings
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of public meetings.
AGENCY:
The Mid-Atlantic Fishery
Management Council (Council) will
hold public meetings of the Council.
DATES: The meetings will be held
Monday, October 5, 2020, from 1 p.m.
to 4 p.m.; Tuesday, October 6, 2020,
from 9 a.m. to 4:30 p.m.; Wednesday,
October 7, 2020, from 9 a.m. to 4 p.m.;
and, Thursday, October 8, 2020, from 9
a.m. to 1 p.m. For agenda details, see
SUPPLEMENTARY INFORMATION.
ADDRESSES: Due to public health
concerns related to the spread of
COVID–19 (coronavirus), the MidAtlantic Fishery Management Council’s
SUMMARY:
E:\FR\FM\16SEN1.SGM
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]]>Agencies
[Federal Register Volume 85, Number 180 (Wednesday, September 16, 2020)]
[Notices]
[Pages 57824-57832]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-20500]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-821-802]
Draft Amendment to the Agreement Suspending the Antidumping
Investigation on Uranium From the Russian Federation; Request for
Comment
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) and State Atomic
Energy Corporation Rosatom (Rosatom) have initialed a draft amendment
to the Agreement Suspending the Antidumping Investigation on Uranium
from the Russian Federation (Agreement). The draft amendment will allow
the Russian Federation to export Russian uranium products to the United
States in accordance with the export limits and other terms detailed in
the amendment. Commerce is inviting interested parties, industrial
users, and the public to comment on the text of the draft amendment to
the Agreement.
DATES: Applicable September 11, 2020. Comments are due by 5:00 p.m.
Eastern Time on September 28, 2020.
ADDRESSES: All submissions to Commerce must be filed electronically
using Enforcement and Compliance's Antidumping Duty and Countervailing
Duty Centralized Electronic Service System (ACCESS). ACCESS is
available to registered users at https://access.trade.gov. See the
SUPPLEMENTARY INFORMATION for additional details.
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\
On February 22, 2019, Commerce formally opened consultations with
Rosatom with respect to a possible extension of the Agreement's
term.\3\
---------------------------------------------------------------------------
\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).
\2\ See Amendment to Agreement Suspending the Antidumping
Investigation on Uranium from the Russian Federation, 59 FR 15373
(April 1, 1994); Amendments to the Agreement Suspending the
Antidumping Investigation on Uranium from the Russian Federation, 61
FR 56665 (November 4, 1996); Amendment to Agreement Suspending the
Antidumping Investigation on Uranium from the Russian Federation, 62
FR 37879 (July 15, 1997); and Amendment to the Agreement Suspending
the Antidumping Investigation on Uranium from the Russian
Federation, 73 FR 7705 (February 11, 2008).
\3\ See Letter to Rosatom from P. Lee Smith, Deputy Assistant
Secretary for Policy & Negotiations, ``Consultations on the
Agreement Suspending the Antidumping Investigation on Uranium from
the Russian Federation,'' dated February 22, 2019.
---------------------------------------------------------------------------
Draft Amendment
On September 11, 2020, Commerce and Rosatom initialed a draft
amendment to the Agreement. The draft amendment allows for exports of
Russian uranium products to the United States in accordance with the
export limits and other terms detailed in the amendment. In general,
the draft amendment will reduce U.S. reliance on imports of uranium
from Russia over the long term. Under the current Agreement, Russian
uranium exports are limited to approximately 20 percent of U.S.
enrichment demand. Under the draft amended Agreement, the export limits
will be equivalent to 24 percent of U.S. enrichment demand in 2021, 20
percent in 2022, 24 percent in 2023, 20 percent per year from 2024 to
2027, and 15 percent per year from 2028 to 2040. (Export limits are to
be calculated on the basis of the World Nuclear Association's Lower
Scenario, a 4.4 percent product assay, and a 0.3 percent tails assay.)
These figures correspond to an average of approximately 17 percent over
the next 20 years.
The draft amendment to the Agreement also strengthens existing
protections for the U.S. commercial enrichment industry, by extending
and reducing the Agreement's export limits, as discussed above.
The draft amendment to the Agreement establishes protections for
U.S. uranium miners and the U.S. uranium converter by limiting sales of
enriched uranium product (EUP) and sales of enrichment (i.e.,
separative work units, or SWU) plus conversion under the export limits.
Under the draft amendment, the cap on exports pursuant to EUP sales is
equivalent to 15 percent of U.S. enrichment demand in 2021, 9.8 percent
in 2022, 10.2 percent in 2023, 5.7 percent in 2024, 5.3 percent in
2025, and 5 percent per year from 2026 to 2040. The cap for additional
exports pursuant to sales of SWU plus conversion is equivalent to 1
percent of U.S. enrichment demand in 2021, approximately 3 percent from
2022 to 2025, and zero percent from 2026 to 2040. These figures
correspond to an average of 7 percent of U.S. enrichment demand for the
combined
[[Page 57825]]
EUP and SWU plus conversion limits over the 20-year period. The current
Agreement contains no limits on sales of EUP or SWU plus conversion,
other than the general export limits (which are equivalent to
approximately 20 percent of U.S. enrichment demand, as noted above).
The draft amendment includes updated provisions with respect to
natural uranium returned or provided by U.S. customers to the Russian
exporter pursuant to sales of enrichment (i.e., ``returned feed''). The
draft amendment fixes ``returned feed'' provisions in the existing
Agreement that are detrimental to U.S. uranium miners and the U.S.
converter. Specifically, under the current Agreement, foreign-origin
returned feed can be delivered to the Russian exporter, enriched in
Western Europe, and then exported to the United States outside the
Agreement's export limits. The draft amended Agreement would require
foreign-origin returned feed that is enriched or sold in third
countries to be subject to the Agreement's export limits if exported
back to the United States.
The export limits and other caps in the draft amendment are
generally structured to allow U.S. customers to fulfill preexisting
contractual obligations to purchase Russian uranium products.
The full text of the draft amendment to the Agreement follows in
the Annex to this notice with the exception of Appendix 5 which
contains business proprietary information and is releasable only under
the Administrative Protective Order (APO).
Comment Period
Commerce invites interested parties to comment on the text of the
draft amendment to the Agreement. In addition, industrial users such as
utility companies, and the public, may also comment on the text of the
draft amendment. Comments are due by 5:00 p.m. Eastern Time on
September 28, 2020. Commerce will consider all comments received by the
due date, and will formally address all timely filed comments from
interested parties for purposes of a final amendment to the Agreement.
All information provided to Commerce will be subject to release
under APO and should be submitted in accordance with 19 CFR 351.103 and
19 CFR 351.105 of Commerce's regulations, including the service of
copies of comments on interested parties to this proceeding. The APO
and public service lists in this proceeding can be found in ACCESS.
Commerce will consider all comments received by the close of the
comment period.
Dated: September 11, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
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[FR Doc. 2020-20500 Filed 9-14-20; 11:15 am]
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