MESSAGE NO: 3014114
DATE: 01 14 1993
CATEGORY: ADA
TYPE: FIN
REFERENCE:
REFERENCE DATE:
CASES:
A - 463 - 102
A - 463 - 302
A - 463 - 402
A - 464 - 202
A - 463 - 202
A - 464 - 102
PERIOD COVERED:
10 30 1992
TO
LIQ SUSPENSION DATE:
TO: REGIONAL DIRECTORS, COMMERCIAL OPERATIONS
DISTRICT DIRECTORS, AREA AND PORT DIRECTORS
FROM: DIRECTOR, IMPORT SPECIALIST DIVISION
RE: FINAL DETERMINATION OF SALES AT NOT LESS THAN FAIR VALUE:
URANIUM FROM AM,AZ,BY,GE,MD,TM. AND SUSPENSION OF INVEST.
AND AMENDMENT OF PRE. DETERM. FOR KZ,KG,RU,TJ,UA AND UZ
ADDITIONAL CASE NUMBERS:
A-463-502
A-462-302
A-462-202
A-464-302
A-462-102
A-464-402
1.
THE DEPARTMENT OF COMMERCE (THE DEPARTMENT) PUBLISHED IN THE
FEDERAL
REGISTER
ON
OCTOBER
30,
1992,
ITS
SUSPENSION
OF
INVESTIGATIONS AND
AMENDMENT
OF
PRELIMINARY DETERMINATIONS FOR
URANIUM FROM KAZAKHSTAN, KYRGYZSTAN, RUSSIA, TAJIKISTAN, UKRAINE,
AND UZBEKISTAN.
IMPORTS
OF
URANIUM FROM KAZAKHSTAN, KYRGYSTAN,
RUSSIA, TAJIKISTAN, UKRAINE, AND UZBEKISTAN ARE
NOW
SUBJECT
TO
QUANTITATIVE
LIMITATIONS
PURSUANT
TO
AGREEMENTS
BETWEEN
THE
DEPARTMENT AND THESE COUNTRIES.
2.
THE
MERCHANDISE COVERED
BY
THESE INVESTIGATIONS INCLUDES
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
ENTRICHED
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.
BOTH
LOW-ENRICHED
URANIUM
(LEU)
AND
HIGHLY-ENRICHED
URANIUM
(HEU)
ARE
INCLUDED
WITHIN
THE
SCOPE
OF
THESE
INVESTIGATIONS.
LEU IS URANIUM ENRICHED IN U235 TO A LEVEL OF UP
TO
20 PERCENT WHILE HEU
IS
THE URANIUM ENRICHED IN U235 OF
20
PERCENT OF MORE.
THE URANIUM SUBJECT TO
THESE INVESTIGATIONS IS
PROVIDED
FOR
UNDER
SUBHEADINGS
2612.10.00.00,
2844.10.10.00,
2844.10.20.10,
2844.10.20.25,
2844.10.20.50,
2844.10.20.55,
2844.10.50.00, 2844.20.00.10, 2844.20.00.20,
2844.20.00.30,
AND
2844.20.00.50, OF THE HARMONIZED TARIFF SCHEDULE (HTS).
ALTHOUGH
THE
HTS SUBHEADINGS ARE
PROVIDED
FOR CONVENIENCE
AND
CUSTOMS
PURPOSES,
OUR
WRITTEN
DESCRIPTION
OF
THE
SCOPE
OF
THESE
PROCEEDINGS IS DISPOSITIVE.
3.
AS
THE DEPARTMENT STATED IN PREVIOUS INSTRUCTIONS, CERTAIN
THIRD COUNTRY PROCESSING DOES NOT CONFER A NEW COUNTRY OF ORIGIN.
THIS FURTHER PROCESSING CAN BE EITHER "MILLING" OR "CONVERSION."
MILLING
CONSISTS
OF
PROCESSING
URANIUM
ORE
INTO
URANIUM
CONCENTRATE.
CONVERSION
CONSISTS
OF
TRANSFORMING
URANIUM
CONCENTRATE INTO URANIUM HEXAFLUORIDE (UF6).
4.
THE DEPARTMENT CONSIDERS THAT
THE
MILLING
AND CONVERSION
PROCESSES DO
NOT
CONFER
A
NEW COUNTRY OF
ORIGIN.
THEREFORE,
URANIUM
ORE
OR
CONCENTRATE
WITH
A
COUNTRY
OF
ORIGIN
OF
KAZAKHSTAN, KYRGYZSTAN, RUSSIA, TAJIKISTAN, UKRAINE OR UZBEKISTAN
WHICH IS SUBSEQUENTLY MILLED AND\ OR CONVERTED IN A THIRD COUNTRY
SHOULD
STILL
BE
CONSIDERED
OF KAZAKHSTAN, KYRGYZSTAN, RUSSIA,
TAJIKISTAN, UKRAINE
OR UZBEKISTAN ORIGIN, RESPECTIVELY.
RECEIPT
OF
SUCH
IMPORTS
SHOULD
BE
REPORTED
TO
THE
DEPARTMENT
IN
ACCORDANCE WITH INSTRUCTIONS BELOW.
THE DEPARTMENT REQUESTS THAT
CUSTOMS CAREFULLY EXAMINE
ALL
IMPORTS
OF
MILLED
OR CONVERTED
URANIUM AND DETERMINE WHETHER THE URANIUM ORE OR CONCENTRATE USED
TO
PRODUCE THE
MILLED
OR CONVERTED PRODUCT
IS
OF KAZAKHSTAN,
KYRGYZSTAN, RUSSIA, TAJIKISTAN, UKRAINE OR UZBEKISTAN ORIGIN.
5.
THE DEPARTMENT CONTINUES TO REGARD ENRICHMENT OF URANIUM AS
CONFERRING ORIGIN.
IN LIGHT
OF
THE ANTICIRCUMVENTION PROVISION
OF
THE
SUSPENSION
AGREEMENTS
(SECTION
VII),
THE
DEPARTMENT
REQUESTS
THAT
CUSTOMS DETERMINE
WHETHER
THE
URANIUM
ORE
OR
CONCENTRATE
USED
TO
PRODUCE
THE
ENRICHED
PRODUCT
IS
OF
KAZAKHSTAN, KYRGYZSTAN, RUSSIA, TAJIKISTAN, UKRAINE OR UZBEKISTAN
ORIGIN.
6.
UNTIL FURTHER NOTICE, CUSTOMS WILL DENY ENTRY OF THE SUBJECT
MERCHANDISE
UNLESS
AUTHORIZED
TO
DO
SO
BY
THE
DEPARTMENT.
AUTHORIZATION FOR
ENTRY
WILL
BE
PROVIDED
BY
THE
DEPARTMENT
THROUGH HQ OAB VIA EMAIL.
7.
IN
ADDITION,
FOR
ALL
IMPORTS
OF
URANIUM
FROM
OTHER
COUNTRIES, THE
U.S. CUSTOMS SERVICE SHALL REQUIRE
ALL IMPORTERS
TO SUBMIT WITH
THE
ENTRY SUMMARY A WRITTEN STATEMENT SIGNED
BY
THE IMPORTER OF RECORD CERTIFYING THAT THE URANIUM BEING IMPORTED
WAS
NOT OBTAINED UNDER ANY ARRANGEMENT, SWAP, EXCHANGE, OR OTHER
TRANSACTION
DESIGNED
TO
CIRCUMVENT
THE
AGREEMENTS
WITH
KAZAKHSTAN,
KYRGYZSTAN,
RUSSIA,
TAJIKISTAN,
UKRAINE,
AND
UZBEKISTAN.
IF
THE IMPORTER FAILS
TO
PROVIDE
THIS STATEMENT,
CUSTOMS SHALL ORDER RE-DELIVER OF THE MERCHANDISE.
8.
FOR
ALL IMPORTS OF URANIUM, THE U.S. CUSTOMS SERVICE SHALL
FORWARD TO
THE DEPARTMENT A
COPY OF
THE COMPLETE ENTRY SUMMARY
PACKAGE WITHIN
14
DAYS
OF PRESENTATION OF
THE
ENTRY SUMMARY.
ENTRY SUMMARY COPIES SHOULD BE SENT TO:
DEPARTMENT OF COMMERCE
IMPORT ADMINISTRATION
OFFICE OF AGREEMENT COMPLIANCE, ROOM 7866
14TH AND CONSTITUTION AVE., N.W.,
WASHINGTON, DC 20230.
ATTN:
MELISSA G. SKINNER
9.
UPON PRESENTATION OF
ANY IMPORTS OF
URANIUM FROM ARMENIA,
AZERBAIJAN, BELARUS, GEORGIA, MOLDOVA,
AND\
OR TURKMENISTAN THE
U.S.
CUSTOMS
SERVICE
SHOULD IMMEDIATELY NOTIFY
THE DEPARTMENT
THROUGH HQ OAB VIA EMAIL.
10.
IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CUSTOMS
OFFICERS
PLEASE
CONTACT
THE
IMPORT SPECIALIST DIVISION, OTHER
AGENCY BRANCH, BY E-MAIL ATTRIBUTE HQ OAB.
THE IMPORTING PUBLIC
AND
OTHER INTERESTED PARTIES SHOULD
CONTACT MELISSA SKINNER
OR
STEVE PRESING OF
THE OFFICE
OF COMPLIANCE AT
(202) 482-4851 OR
(202) 482-4106, RESPECTIVELY, IMPORT ADMINISTRATION,
INTERNATIONAL TRADE ADMINISTRATION, DEPARTMENT OF COMMERCE.
11.
THERE ARE NO RESTRICTIONS ON RELEASE OF THIS INFORMATION.
NANCY MCTIERNAN