2020 Amendment to the Agreement Suspending the Antidumping Investigation on Uranium From the Russian Federation, 64112-64120 [2020-22431]
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Federal Register / Vol. 85, No. 197 / Friday, October 9, 2020 / Notices
Tuesday, November 17, 2020 at
12 p.m. (ET).
Conference Call-In Information: 1–
800–437–2398; Conference ID: 6978023.
DATES:
FOR FURTHER INFORMATION CONTACT:
COMMISSION ON CIVIL RIGHTS
Agenda and Notice of Public Meeting
of the New Hampshire Advisory
Committee
Commission on Civil Rights.
Announcement of public
meeting.
Mallory Trachtenberg at
mtrachtenberg@usccr.gov or by phone at
(202) 809–9618.
AGENCY:
This
meeting is available to the public
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received in the Regional Programs Unit
within 30 days following the respective
meeting. Written comments may be
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SUMMARY:
SUPPLEMENTARY INFORMATION:
Agenda: Tuesday, November 17, 2020
at 12 p.m. (ET)
I. Welcome and Roll Call
II. Announcements and Updates
III. Approval of Minutes from the Last
Meeting
IV. Discussion: Licensing for Formerly
Incarcerated Individuals
V. Next Steps
VI. Public Comment
VII. Adjournment
Dated: October 5, 2020.
David Mussatt,
Supervisory Chief, Regional Programs Unit.
[FR Doc. 2020–22372 Filed 10–8–20; 8:45 am]
BILLING CODE P
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ACTION:
Notice is hereby given,
pursuant to the provisions of the rules
and regulations of the U.S. Commission
on Civil Rights (Commission), and the
Federal Advisory Committee Act
(FACA), that the New Hampshire State
Advisory Committee to the Commission
will convene a meeting on Monday,
November 16, 2020 at 4 p.m. (EDT). The
purpose of the meeting is to discuss
testimony heard related to its project on
solitary confinement in New
Hampshire.
Monday, November 16, 2020
from 4 p.m.–5:30 p.m. (EDT).
Public Call-In Information:
Conference call-in number: 1–800–437–
2398; Conference ID: 5226726
FOR FURTHER INFORMATION CONTACT:
Mallory Trachtenberg at
mtrachtenberg@usccr.gov or by phone at
(202) 809–9618.
SUPPLEMENTARY INFORMATION: These
meetings are available to the public
through the telephone number and
conference ID listed above. Callers can
expect to incur charges for calls they
initiate over wireless lines, and the
Commission will not refund any
incurred charges. Individuals who are
deaf, deafblind and hard of hearing. may
also follow the proceedings by first
calling the Federal Relay Service at 1–
800–877–8339 and providing the
Service with the conference call-in
numbers: 1–800–437–2398; Conference
ID: 5226726.
Members of the public are entitled to
make comments during the open period
at the end of each meeting. Members of
the public may also submit written
comments; the comments must be
received in the Regional Programs Unit
within 30 days following the respective
meeting. Written comments may be
emailed to Mallory Trachtenberg at
mtrachtenberg@usccr.gov. Persons who
desire additional information may
contact the Regional Programs Unit at
(202) 809–9618. Records and documents
discussed during the meeting will be
available for public viewing as they
become available at the FACA Link;
click the ‘‘Meeting Details’’ and
‘‘Documents’’ links. Records generated
from this meeting may also be inspected
and reproduced at the Midwestern
Regional Office, as they become
available, both before and after the
meetings. Persons interested in the work
of this advisory committee are advised
to go to the Commission’s website,
www.usccr.gov, or to contact the
Regional Programs Unit at the above
phone number or email address.
Agenda: Monday November 16, 2020
from 4:00 p.m.–5:30 p.m. (EDT)
I. Welcome and Roll Call
II. Announcements and Updates
III. Approval of Minutes
IV. Discussion: Solitary Confinement in
New Hampshire
V. Public Comment
VI. Next Steps
VII. Adjournment
Dated: October 5, 2020.
David Mussatt,
Supervisory Chief, Regional Programs Unit.
[FR Doc. 2020–22358 Filed 10–8–20; 8:45 am]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A–821–802]
2020 Amendment to the Agreement
Suspending the Antidumping
Investigation on Uranium From the
Russian Federation
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) and the Russian
Federation’s State Atomic Energy
Corporation Rosatom (ROSATOM) have
signed an amendment to the Agreement
Suspending the Antidumping
Investigation on Uranium from the
Russian Federation (Agreement). The
amendment extends the Agreement
through 2040 and allows the Russian
Federation to export Russian uranium
products to the United States in
accordance with the export limits and
other terms detailed in the amended
Agreement.
DATES: Applicable October 5, 2020.
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:
AGENCY:
Background
On October 16, 1992, Commerce
signed an agreement with the Russian
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Federal Register / Vol. 85, No. 197 / Friday, October 9, 2020 / Notices
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 The Agreement
was subsequently amended, by
agreement of both governments, on
March 11, 1994,2 October 3, 1996,3 May
7, 1997,4 and February 1, 2008.5
Pursuant to the 2008 amendment, the
Agreement and the underlying
antidumping investigation were set to
terminate on December 31, 2020.
On February 22, 2019, Commerce
formally opened consultations with
ROSATOM with respect to a possible
extension of the Agreement’s term.6 On
September 11, 2020, Commerce and
ROSATOM initialed a draft amendment
to the Agreement. On September 16,
2020, Commerce published the draft
amendment text in the Federal Register
and invited comments from interested
parties, industrial users, and the public
to be submitted by September 28, 2020.7
On September 11, 2020, Commerce also
released a draft memorandum regarding
the prevention of price suppression or
undercutting of domestic products
pursuant to the draft amendment and
requested comments to be submitted by
September 28, 2020.8
On September 25, 2020, Commerce
received comments from Strata Energy
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).
3 See Amendments to the Agreement Suspending
the Antidumping Investigation on Uranium from
the Russian Federation, 61 FR 56665 (November 4,
1996).
4 See Amendment to Agreement Suspending the
Antidumping Investigation on Uranium from the
Russian Federation, 62 FR 37879 (July 15, 1997).
5 See Amendment to the Agreement Suspending
the Antidumping Investigation on Uranium from
the Russian Federation, 73 FR 7705 (February 11,
2008).
6 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.
7 See Draft Amendment to the Agreement
Suspending the Antidumping Investigation on
Uranium From the Russian Federation; Request for
Comment, 85 FR 57824 (September 16, 2020).
8 See Memorandum to Jeffrey I. Kessler, Assistant
Secretary for Enforcement & Compliance, from
Joseph A. Laroski, Jr., Deputy Assistant Secretary
for Policy & Negotiations, ‘‘Prevention of Price
Suppression or Undercutting of Price Levels of
Domestic Products by the Agreement Suspending
the Antidumping Investigation on Uranium from
the Russian Federation, as Amended,’’ dated
September 11, 2020; see also Memorandum to the
File, ‘‘Comments on Draft Price Suppression
Memorandum,’’ dated September 14, 2020.
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Inc. On September 28, 2020, Commerce
received comments on the draft
amendment and draft memorandum
from the following parties: Power
Resources, Inc. and Crow Butte
Resources, Inc.; the Uranium Producers
of America; Louisiana Energy Services,
LLC; ROSATOM and TENEX, JointStock Company; Exelon Generation
Company, LLC, Ameren Missouri, and
the Ad Hoc Utilities Group; Centrus
Energy Corp. and United States
Enrichment Corporation; and Energy
Fuels Resources (USA) Inc. and UrEnergy USA Inc.
Amendment to Agreement
On October 5, 2020, after
consideration of the interested party and
other comments received, Commerce
and ROSATOM signed a finalized
amendment to the Agreement.9 The text
of the finalized amendment is identical
to the text released for public comment
on September 11, 2020, except for the
signature blocks. The amendment
extends the Agreement through 2040
and allows for exports of Russian
uranium products in the U.S. market in
accordance with the export limits and
other terms detailed in the amendment.
In accordance with section 734(l)(1)(B)
of the Act, we have determined that the
amended Agreement will prevent the
suppression or undercutting of price
levels of domestic uranium products by
imports of that merchandise from
Russia. We have also determined that
the amended Agreement is in the public
interest and can be monitored
effectively, as required under section
734(l)(1)(A) of the Act. The text of the
amendment follows in the Annex of this
notice with the exception of Appendix
5 which contains business proprietary
information and is releasable only under
the Administrative Protective Order
(APO).
Scope of the Agreement
The product covered by the
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
9 See Commerce Memorandum, ‘‘Placing the 2020
Amendment to the Agreement Suspending the
Antidumping Investigation on Uranium from the
Russian Federation on the Record,’’ dated October
5, 2020.
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other forms of uranium within the same
class or kind.
Uranium ore from Russia that is
milled into U3O8 and/or converted into
UF6 in another country prior to direct
and/or indirect importation into the
United States is considered uranium
from Russia and is subject to the terms
of this Agreement.
For purposes of this Agreement,
uranium enriched in U235 or
compounds of uranium enriched in U235
in Russia are covered by this
Agreement, regardless of their
subsequent modification or blending.
Uranium enriched in U235 in another
country prior to direct and/or indirect
importation into the United States is not
considered uranium from Russia and is
not subject to the terms of this
Agreement.
HEU is within the scope of the
underlying investigation, and HEU is
covered by this Agreement. For the
purpose of this Agreement, HEU means
uranium enriched to 20 percent or
greater in the isotope uranium-235.
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.
Administrative Protective Order Access
The APO Commerce granted in the
suspension agreement segment of this
proceeding remains in place and
effective for the amended Agreement.
All new interested parties requesting
access to business proprietary
information submitted during the
administration of the amended
Agreement, under the APO currently in
effect, must submit an APO application
in accordance with Commerce’s
regulations currently in effect.10
We are issuing and publishing this
notice in accordance with section
734(f)(1)(A) of the Act and 19 CFR
351.208(g)(2).
Dated: October 5, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
BILLING CODE 3510–DS–P
10 See Section 777(c)(1) of the Act; see also 19
CFR 351.103, 351.304, 351.305, and 351.306.
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Federal Register / Vol. 85, No. 197 / Friday, October 9, 2020 / Notices
Annex: 2020 AMENDMENT TO THE AGREEMENT SUSPENDING THE
ANTIDUMPING INVESTIGATION ON URANIUM FROM THE RUSSIAN
FEDERATION
The Agreement Suspending the Antidumping Investigation on Uranium from the Russian
Federation is amended as set forth below (2020 Amendment). All other provisions of the
Agreement, as amended to date (Agreement), remain in force and apply to this Agreement.
The last paragraph of the Preamble is amended as follows (changes shown in italics) and
replaces the current paragraph:
The Department and ROSATOM acknowledge that, for purposes of the Agreement, as
amended (the "Agreement"), the successor in interest to MINATOM is the Federal
Atomic Energy Agency. The Federal Atomic Energy Agency is now known as the State
Atomic Energy Corporation Rosatom ("ROSATOM''). All references to MINATOM in
this Agreement shall be understood to indicate ROSATOM. All exports of Russian
Uranium Products are executed through the Russian Government-Owned entity TENEX,
Joint-Stock Company ("TENEX'') (formerly known as Techsnabexport). All references
to TENEX include its successors and its affiliated companies. All references to
"Customs" shall be understood to indicate United States Customs and Border Protection.
Section II- Definitions - This section is amended as follows (changes shown in italics):
(o) "Effective Date of the 2008 Amendmenf' means February 1, 2008, the date the 2008
Amendment was signed by both parties. 11
The following additional sections are amended to replace "Effective Date" with "Effective
Date of the 2008 Amendment":
IV.A
IV.B
IV.B.1.a
IV.B.3
IV.B.4
IV.N
Appendix 3, section 1
Appendix 3, section 2
Insert new definitions following definition (f):
(g) "Effective Date of the 2020 Amendment" means the date on which this 2020 Amendment is
signed by both parties.
(h) "USEC" means the Delaware corporation known, as of the Effective Date of the 2020
Amendment, as United States Enrichment Corporation, a subsidiary of Centrus Energy Corp., or
its successor.
See Amendment to the Agreement Suspending the Antidumping Investigation on Uranium .from the Russian
Federation (73 FR 7705) (February I I, 2008).
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(i) - (k) (reserved)
Section IV.B.1-Export Limits-Paragraph 1 is amended (changes shown in italics) by
changing the numbering of paragraph 1 to sub-paragraph "1.a" and by adding additional
sub-paragraphs as follows. The purpose of the amended section IV.B.1 is to insert export
limits, and certain caps within those export limits, during the period from January 1, 2021
through December 31, 2040:
l.b
The annual export limits for 2021-2040 are as follows (expressed inKgU as
LEU, at a product assay of 4.4 percent and a tails assay of 0.3 percent, and in Kg U-235
content). In addition, caps for LEU exports pursuant to sales ofEUP (which may include
sales ofSWU plus conversion), as well as caps for additional LEU exports pursuant to
sales ofSWU plus conversion only, are as follows.
Cae {pr LEU Exeorts
Cae {pr Additional
USEC
Pursuant to Sales of
LEU Ex12.orts Pursuant
Percentage
Exe.ort Limit
Total Exe.ort Total Exe.ort EUP {.ma1:. include
to Sales of_SWU e.lus
of.US.
Allocation
LimitinKgU UmitinKrt U Sales of_SWU12.lus
Conversion Onl1:.
Enrichment
Conversion2
asLEU
235 Content
in Kg U-235 12
Demand
in Kg U-235
(A)
in Kg U-235
[f;J_
(BJ
{l2l
(Subset ofBJ
(CJ
{Subset of.B2
(Subset ofBJ
Exeort
Limit
Year
24%
20%
24%
20%
20%
20%
20%
15%
15%
15%
15%
15%
15%
15%
15%
15%
15%
15%
15%
15%
2021
2022
2023
2024
2025
2026
2027
2028
2029
2030
2031
2032
2033
2034
2035
2036
2037
2038
2039
2040
26,254
21,543
25,471
20,968
20,697
20,424
20,200
15,150
14,965
14,614
14,470
14,179
13,972
13,116
12,958
12,587
12,376
12,193
12,193
11,778
16,409
10,556
10,825
5,976
5,485
5,106
5,050
5,050
4,988
4,871
4,823
4,726
4,657
4,372
4,319
4,196
4,125
4,064
4,064
3,926
1,094
3,231
3,277
2,834
2,834
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
7,780
7,430
10,700
10,200
10,300
10,700
10,600
4,100
0
0
0
0
0
0
0
0
0
0
0
0
These numbers have been ranged. See Appendix 5, which contains a business proprietary version of Column E.
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12
596,682
489,617
578,877
476,536
470,376
464,183
459,083
344,312
340,114
332,141
328,862
322,255
317,536
298,088
294,511
286,066
281,272
277,124
277,124
267,685
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These limits were derived.from the Lower scenario US. enrichment demand projection
data in the World Nuclear Association's 2019 "The Nuclear Fuel Report, Global
Scenarios for Demand and Supply Availability 2019-2040." To match the projected
reactor demand for subsequent years the Department shall, within 3 months following the
update of that publication or its successor in 2023, 2029, and 2035, update these export
limits by adjusting them to the new projections using 4. 4% product assay and 0. 3% tails
assay based upon the Lower scenario. With each update, the Department shall also
increase the total export limits for the remaining years by the net amount by which the
export limits for previous years have fallen short of the export limits that would have
been derived.from the revised demand.figures for those years, with any additional export
allowances being divided equally between the revised export limits for the remaining
years. Russian Uranium Products may be exported to the United States under a contract
approved by the Department under this Agreement, even if such exports exceed the export
limits in effect at the time of delivery.
Column B represents the maximum export limit quantity in Kg U-235 content for each
Year of this Agreement. The following additional requirements apply:
i.
Of the quantities in Column B, the quantities in Column C may be
exported pursuant to sales ofEUP (which may include sales of SWU plus
conversion);
ii.
Of the quantities in Column B, the quantities in Column D may be
exported pursuant to additional sales of SWU plus conversion only, in addition to
the quantities in Column C;
m.
The remaining export quantities(= B - (C + D)) must be exported
pursuant to sales of enrichment (i.e., SWU) only;
iv.
For 2021-2028: of the quantities in Column B, the quantities in Column E
may be imported into the United States by USEC pursuant to sales by TENEX to
USEC of enrichment (i.e., SWU) in LEU, with return of natural uranium feed
material to TENEX.
All contracts and contract amendments, as appropriate, for deliveries under the annual
export limits must be approved by the Department under sections V. C. (1) and V.F of this
Agreement.
l.c
For 2021-2025:
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i.
Any delivery quantities under contracts or contract amendments
concluded after March 31, 2020 must be pursuant to sales of enrichment (i.e.,
SWU) only and not sales ofEUP or SWU plus conversion;
Federal Register / Vol. 85, No. 197 / Friday, October 9, 2020 / Notices
64117
If the EUP and/or SWU plus conversion caps exceed the actual imported
shipment quantities, then the excess EUP and/or SWU plus conversion quantities
will expire; and
ii.
m.
EUP and/or SWU plus conversion quantities may only be usedfor delivery
quantities under contracts or contract amendments concluded prior to March 31,
2020 and may not be transferred.from one contract to another.
l.d
Where Russian LEU is sold into the United States under a contract for the sale of
enrichment (SWU), or the sale of enrichment (SWU) plus conversion, the natural
uranium feed quantity (UF6 or UJOs, as applicable) equal to the feed component of the
LEU to be delivered must be returned or provided by the U.S. customer to TENEX at
approximately the same time as the Russian LEU is delivered to the U.S. utility end-user
(unless the Department has approved an extension), and, regardless of the location of the
return or provision ofnatural uranium feed to TENEX (i.e., whether inside or outside of
the United States), TENEX must certify to the following upon the importation of the
Russian LEU:
i.
The natural uranium feed returned or provided to TENEX by its U.S.
customer shall be deemed to be ofRussian origin (if it is not, in fact, already
designated as being ofRussian origin) for purposes of the Agreement Suspending
the Antidumping Investigation on Uranium from the Russian Federation at the
time ofdeposit, exchange, or return, and shall clearly be identified as being of
Russian origin in all book accounting and all accompanying documentation and
packaging;
The natural uranium feed returned or provided to TENEX by its U.S.
customer shall be immediately quarantined in a dedicated account exclusively
for the accounting of this material at the relevant facility and shall not be sold,
loaned, swapped, used as loan repayments or working stock, or utilized in any
way other than in accordance with the terms of the Agreement; 13 and
ii.
m.
The natural uranium feed ([]308, alone or as contained in UF6) returned
or provided to TENEX by its U.S. customer and held in a dedicated account shall
be either (i) exported to the Russian Federation within 18 months of the date that
it is returned or provided to TENEX (whether inside of the United States or in a
third country), or (ii) if returned or provided to TENEX in a third country, it may
be sold and/or enriched in that or other third country with the following
restrictions: (a) if the natural uranium feed contains UJOs that was not mined in
the United States, then it shall retain its deemed-Russian origin subsequent to
third-country enrichment and shall be subject to the terms of this Agreement, and
(b) if the natural uranium feed contains UJOs that was mined in the United
States, then its origin will be conferred by the place of third-country enrichment.
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13 The requirement that returned feed must be credited to a dedicated account does not include the necessity to
physically store such material separately from like uranium products ofother customers or for other purposes; such
material may be physically commingled at the storage location with any other like uranium products.
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For purposes of the preceding sentence, "mined in the United States" means that
the uranium is produced on or after the Effective Date of the 2020 Amendment
at, or previously produced by and held in inventory of, a uranium mine or mill
located in the United States; was not produced at a mine or mill directly or
indirectly owned or controlled by the Government of the Russian Federation or
an agency or agent thereof,- and was not produced as a result of enrichment
underfeeding or re-enrichment of depleted tails.
Section IV.D - is amended as follows (changes shown in italics), including by adding subparagraphs 1 through 4, and replaces the current section:
D.1
Carry-back: Except for any increase added pursuant to section IV.C, if, in any
particular Year, the Department permits any Russian Uranium Products to enter the
United States in excess of the export limit for that Year, the amount of the excess added
to that Year may not exceed IO percent of the export limit for that particular Year, and
shall be charged against deducted.from the export limit for the first subsequent Year or
Years in which the export limit has not been contractually obligated in full. Carry-back is
not permitted from any Year that is more than three years away.
D.2
Carry-forward: If the amount entered in any particular Year falls below the
export limit for that Year, the amount of the shortfall may be added to the export limit for
the subsequent Year or a Year that is not more than three years away only, up to 10
percent of the export limit for the particular Year in which the shortfall occurs.
D. 3
The total amount carried back and carried forward to any particular Year may
not increase the export limit for that Year by more than IO percent. Any carry-back or
carry-forward shall be contingent upon specific requests by TENEX and upon the
Department's express approval of such requests.
D. 4
The carry-back and carry-forward provisions may only be applied to Departmentapproved contracts for sales of enrichment (i.e., SWU) only.
Section XII. - Duration -This section is amended as follows (changes shown in italics):
As of #1e Effective Date of t,¼is Anwndn1ent, eac.¼ of t.¼e petitioners in t.¼e sbtspended
investigation, or their legal sbtccessor~, hasfiledwith the Department an incevocable letters
expressly wit,½dfftwin-g t,¼e petition in t,¼e antichtnzpin-g investigation, effective Decen1ber 31,
2020. These letters are attached to this Amendnwnt as Appendix 4. The Agreement will
tern1inate on Decen1ber 31, 2020. T)pon its tern1ination on Decen1ber 31, 2020, t,½e Departn1ent
shall terminate the antichtnzping investigation effective on that date.
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The Department, be/ere FebrMary 1, 2008, the Effective Date of the 2008 Amendn'lent,
acknewledges the remand of the US. C8Mrt oflnter-national Tr-ade of&ptember 26, 2007, in
Techsnabexport v. [J-nited States, Gt. N-e. 06 00228, inclMding t.¼e GoMrt 's direction t,½at
"Cemmerce fellow the precedent by which it is boMnd, articMlated in the &rodifcases. "As
directed b7· t,¼e C8Mrt oflnternational Tr-ade, t,¼e Departnwnt will abide b7· t,¼e &rodifdecisions
Federal Register / Vol. 85, No. 197 / Friday, October 9, 2020 / Notices
64119
in its tleter-,ninat-ien of #le f.rkeUhe06!: ofeent-in1:ted e,: 1'8e1:tn=ing dH-,,iping. Therejel'8, en the
E.ffeethie Date, Teehsnahexpe,:t will:file a met-ien in Teehsnahexpe,:t ,'. United States HHtier RHle
fl oft-he US. Ce1:trt oflnternat-ienal TMtie B.1:tles. The United States will net appeal #le
September 26fh-6leeisien in Tee,¼snahexpert ','. United States.
A. In addit-ien, tThe Department shall conduct sunset reviews under 19 U.S.C. § 1675(c)
in the years 2011, and-2016, 2022, 2028, and 2034. All parties agree that -the-these sunset
reviews shall be expedited, pursuant to 19 U.S.C. §§ 1675(C)(4) and (C)(3)(B), respectively, at
both the Department of Commerce and the International Trade Commission. Thereafter, the
Department shall conduct sunset reviews under 19 US.C. § 1675(c) that follow the normal
course (i.e., whether expedited or full, as applicable).
B. At the request of either party to this Agreement, the Department and ROSATOM shall
enter into good-faith consultations on potential extension of this Agreement beyond its term,
including through 2045 or beyond, and the parties will use their reasonable efforts to agree on
extension of this Agreement and the associated terms within one year after the mentioned request
for consultations.
C. J,{JNATO!,{ROSATOM may terminate provide notice of intent to terminate this
Agreement at any time Hpen net-iee te the Depmtment. Termination shall be effective -6-f) 365
days after such notice is given to the Department. Upon termination at the request of },{LVATO},{
ROSATOM, the provisions of Section 734(i) of the Act shall apply, as though the Department
made a.finding that the Agreement no longer meets the statutory requirements or a violation had
occurred.
D. If the Department has determined that a sufficient amount of time has elapsed
between the effective date of this Agreement and the date of termination, the Department will
follow the provisions of Ssecti ons XIII. (B}.XIII.A (b) or XIII. (e}.XIII.A(c) of this Agreement.
Section XIV.B - Other Provisions - Paragraph Bis amended as follows (changes shown in
italics) and replaces the current paragraph:
B.
For all purposes relating to the Agreement, the Department and ROSATOM shall
be represented by, and all communications and notices shall be given and addressed to:
Department Contact:
United States Department of Commerce
Assistant Secretary
for Im:pert Atiministr-at-ien Enforcement
& Compliance
International Trade Administration
1401 ConstitutionAve., NW
Washington, D.C. 20230
ROSATOM Contact:
State Atomic Energy Corporation Rosatom
State 8eeretary, Deputy Director General for
International Cooperation
24 Bolshaya Ordynka St., 119017 Moscow,
Russian Federation 1lleder-alAtemie Energy·
Agency (ROSATO!,{)
Star-emenetnyY' per., 26, 1I918(.}
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Appendix 1-This appendix is amended as follows (changes shown in italics).
64120
Federal Register / Vol. 85, No. 197 / Friday, October 9, 2020 / Notices
"1992 Sections IV.E-IV.G- remain in effect" is changed to:
"1992 Sections IV.E and IV.Fare changed to Sections IV. 0 and IV.P, respectively, and remain
in effect.
1992 Section IV. G -remains in effect."
Appendix 4-This appendix is deleted in its entirety.
Appendix 5 - This appendix is added and contains business proprietary information.
Signed on this 5 day of October, 2020.
For the State Atomic Energy Corporation
Rosatom:
For the U.S. Department of Commerce:
Jeffrey I. Kessler
Assistant Secretary
for Enforcement and Compliance
BILLING CODE 3510–DS–C
DEPARTMENT OF COMMERCE
International Trade Administration
[A–357–820]
Biodiesel From Argentina: Rescission
of Antidumping Duty Administrative
Review: 2019–2020
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) is rescinding the
administrative review of the
antidumping duty (AD) order on
biodiesel from Argentina for the period
of review (POR) April 1, 2019, through
March 31, 2020, based on the timely
withdrawal of the request for review.
DATES: Applicable October 9, 2020.
FOR FURTHER INFORMATION CONTACT:
Mark Hoadley, AD/CVD Operations,
Office VII, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–3148.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On April 1, 2020, Commerce
published a notice of opportunity to
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17:26 Oct 08, 2020
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request an administrative review of the
AD order on biodiesel from Argentina
for the POR.1 On April 30, 2020,
Commerce received a timely-filed
request from the National Biodiesel
Board Fair Trade Coalition (the
petitioner) 2 for an administrative
review of 18 Argentine producers and/
or exporters, in accordance with section
751(a) of the Tariff Act of 1930, as
amended (the Act), and 19 CFR
351.213(b).3
On June 8, 2020, pursuant to this
request, and in accordance with section
751(a) of the Act and 19 CFR
351.221(c)(1)(i), Commerce published a
notice initiating an administrative
review of the antidumping duty order
on biodiesel from Argentina for 18
1 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
to Request Administrative Review, 85 FR 18191
(April 1, 2020).
2 The National Biodiesel Board Fair Trade
Coalition is an association, composed of domestic
producers of biodiesel. Coalition members include
the National Biodiesel Board (NBB); American
GreenFuels, LLC, Archer Daniels Midland
Company; Ag Processing Inc.; Crimson Renewable
Energy LP; High Plains Bioenergy; Integrity
Biofuels, LLC; Iowa Renewable Energy, LLC; Lake
Erie Biofuels dba HERO BX; Minnesota Soybean
Processors; New Leaf Biofuel, LLC; Newport
Biodiesel, L.L.C.; Renewable Biofuels, LLC;
Renewable Energy Group, Inc.; Western Dubuque
Biodiesel, LLC; Western Iowa Energy, LLC; and
World Management Group LLC dba World Energy.
3 See Petitioner’s Letter, ‘‘Biodiesel from
Argentina: Request for Administrative Review of
Antidumping Duty Order,’’ dated April 30, 2020.
PO 00000
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Argentine producers and/or exporters.4
On September 1, 2020, the petitioner
timely withdrew its request for an
administrative review for all 18
producers and/or exporters.5
Rescission of Review
Pursuant to 19 CFR 351.213(d)(1),
Commerce will rescind an
administrative review, in whole or in
part, if the party or parties that
requested a review withdraws the
request within 90 days of the
publication date of the notice of
initiation of the requested review. The
petitioner withdrew its request for
review within the 90-day deadline.
Because Commerce received no other
requests for review, we are rescinding
the administrative review of the order
on biodiesel from Argentina covering
the April 1, 2019, through March 31,
2020 POR, in its entirety, in accordance
with 19 CFR 351.213(d)(1).
Assessment
Commerce will instruct U.S. Customs
and Border Protection (CBP) to assess
antidumping duties on all appropriate
entries of biodiesel from Argentina.
Antidumping duties shall be assessed at
4 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 85 FR
35068 (June 8, 2020).
5 See Petitioner’s Letter, ‘‘Biodiesel from
Argentina: Withdrawal of Request for
Administrative Review of Antidumping Duty
Order,’’ dated September 1, 2020.
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[FR Doc. 2020–22431 Filed 10–8–20; 8:45 am]
Alexey Likhachev
Director General of ROSA TOM
]]>Agencies
[Federal Register Volume 85, Number 197 (Friday, October 9, 2020)]
[Notices]
[Pages 64112-64120]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-22431]
=======================================================================
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-821-802]
2020 Amendment to the Agreement Suspending the Antidumping
Investigation on Uranium From the Russian Federation
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) and the Russian
Federation's State Atomic Energy Corporation Rosatom (ROSATOM) have
signed an amendment to the Agreement Suspending the Antidumping
Investigation on Uranium from the Russian Federation (Agreement). The
amendment extends the Agreement through 2040 and allows the Russian
Federation to export Russian uranium products to the United States in
accordance with the export limits and other terms detailed in the
amended Agreement.
DATES: Applicable October 5, 2020.
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
[[Page 64113]]
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\ The Agreement was subsequently amended,
by agreement of both governments, on March 11, 1994,\2\ October 3,
1996,\3\ May 7, 1997,\4\ and February 1, 2008.\5\ Pursuant to the 2008
amendment, the Agreement and the underlying antidumping investigation
were set to terminate on December 31, 2020.
---------------------------------------------------------------------------
\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).
\3\ See Amendments to the Agreement Suspending the Antidumping
Investigation on Uranium from the Russian Federation, 61 FR 56665
(November 4, 1996).
\4\ See Amendment to Agreement Suspending the Antidumping
Investigation on Uranium from the Russian Federation, 62 FR 37879
(July 15, 1997).
\5\ See Amendment to the Agreement Suspending the Antidumping
Investigation on Uranium from the Russian Federation, 73 FR 7705
(February 11, 2008).
---------------------------------------------------------------------------
On February 22, 2019, Commerce formally opened consultations with
ROSATOM with respect to a possible extension of the Agreement's
term.\6\ On September 11, 2020, Commerce and ROSATOM initialed a draft
amendment to the Agreement. On September 16, 2020, Commerce published
the draft amendment text in the Federal Register and invited comments
from interested parties, industrial users, and the public to be
submitted by September 28, 2020.\7\ On September 11, 2020, Commerce
also released a draft memorandum regarding the prevention of price
suppression or undercutting of domestic products pursuant to the draft
amendment and requested comments to be submitted by September 28,
2020.\8\
---------------------------------------------------------------------------
\6\ 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.
\7\ See Draft Amendment to the Agreement Suspending the
Antidumping Investigation on Uranium From the Russian Federation;
Request for Comment, 85 FR 57824 (September 16, 2020).
\8\ See Memorandum to Jeffrey I. Kessler, Assistant Secretary
for Enforcement & Compliance, from Joseph A. Laroski, Jr., Deputy
Assistant Secretary for Policy & Negotiations, ``Prevention of Price
Suppression or Undercutting of Price Levels of Domestic Products by
the Agreement Suspending the Antidumping Investigation on Uranium
from the Russian Federation, as Amended,'' dated September 11, 2020;
see also Memorandum to the File, ``Comments on Draft Price
Suppression Memorandum,'' dated September 14, 2020.
---------------------------------------------------------------------------
On September 25, 2020, Commerce received comments from Strata
Energy Inc. On September 28, 2020, Commerce received comments on the
draft amendment and draft memorandum from the following parties: Power
Resources, Inc. and Crow Butte Resources, Inc.; the Uranium Producers
of America; Louisiana Energy Services, LLC; ROSATOM and TENEX, Joint-
Stock Company; Exelon Generation Company, LLC, Ameren Missouri, and the
Ad Hoc Utilities Group; Centrus Energy Corp. and United States
Enrichment Corporation; and Energy Fuels Resources (USA) Inc. and Ur-
Energy USA Inc.
Amendment to Agreement
On October 5, 2020, after consideration of the interested party and
other comments received, Commerce and ROSATOM signed a finalized
amendment to the Agreement.\9\ The text of the finalized amendment is
identical to the text released for public comment on September 11,
2020, except for the signature blocks. The amendment extends the
Agreement through 2040 and allows for exports of Russian uranium
products in the U.S. market in accordance with the export limits and
other terms detailed in the amendment. In accordance with section
734(l)(1)(B) of the Act, we have determined that the amended Agreement
will prevent the suppression or undercutting of price levels of
domestic uranium products by imports of that merchandise from Russia.
We have also determined that the amended Agreement is in the public
interest and can be monitored effectively, as required under section
734(l)(1)(A) of the Act. The text of the amendment follows in the Annex
of this notice with the exception of Appendix 5 which contains business
proprietary information and is releasable only under the Administrative
Protective Order (APO).
---------------------------------------------------------------------------
\9\ See Commerce Memorandum, ``Placing the 2020 Amendment to the
Agreement Suspending the Antidumping Investigation on Uranium from
the Russian Federation on the Record,'' dated October 5, 2020.
---------------------------------------------------------------------------
Scope of the Agreement
The product covered by the 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.
Uranium ore from Russia that is milled into
U3O8 and/or converted into UF6 in
another country prior to direct and/or indirect importation into the
United States is considered uranium from Russia and is subject to the
terms of this Agreement.
For purposes of this Agreement, uranium enriched in U\235\ or
compounds of uranium enriched in U\235\ in Russia are covered by this
Agreement, regardless of their subsequent modification or blending.
Uranium enriched in U\235\ in another country prior to direct and/or
indirect importation into the United States is not considered uranium
from Russia and is not subject to the terms of this Agreement.
HEU is within the scope of the underlying investigation, and HEU is
covered by this Agreement. For the purpose of this Agreement, HEU means
uranium enriched to 20 percent or greater in the isotope uranium-235.
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.
Administrative Protective Order Access
The APO Commerce granted in the suspension agreement segment of
this proceeding remains in place and effective for the amended
Agreement. All new interested parties requesting access to business
proprietary information submitted during the administration of the
amended Agreement, under the APO currently in effect, must submit an
APO application in accordance with Commerce's regulations currently in
effect.\10\
---------------------------------------------------------------------------
\10\ See Section 777(c)(1) of the Act; see also 19 CFR 351.103,
351.304, 351.305, and 351.306.
---------------------------------------------------------------------------
We are issuing and publishing this notice in accordance with
section 734(f)(1)(A) of the Act and 19 CFR 351.208(g)(2).
Dated: October 5, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
BILLING CODE 3510-DS-P
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[FR Doc. 2020-22431 Filed 10-8-20; 8:45 am]
BILLING CODE 3510-DS-C
