MESSAGE NO: 3246111 DATE: 09 03 1993
CATEGORY: ADA TYPE: ORD
REFERENCE: REFERENCE DATE:
CASES: A - 462 - 302 A - 464 - 202
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PERIOD COVERED: 08 30 1993 TO

LIQ SUSPENSION DATE:

TO: REGIONAL DIRECTORS, COMMERCIAL OPERATIONS
DISTRICT DIRECTORS, AREA AND PORT DIRECTORS

FROM: DIRECTOR, IMPORT SPECIALIST DIVISION

RE: NOTICE OF ANTIDUMPING DUTY ORDER; URANIUM FROM
UKRAINE AND TERMINATION OF INVESTIGATION;
URANIUM FROM TAJIKISTAN

1. THE DEPARTMENT OF COMMERCE PUBLISHED IN THE FEDERAL REGISTER
ON JULY 8, 1993, NOTICE OF ITS FINAL DETERMINATION OF SALES AT
LESS THAN FAIR VALUE REGARDING URANIUM FROM UKRAINE AND
TAJIKISTAN.

2. ON AUGUST 16, 1993, THE INTERNATIONAL TRADE COMMISSION (ITC)
NOTIFIED THE DEPARTMENT OF COMMERCE OF ITS DETERMINATIONS THAT
IMPORTS OF URANIUM, OTHER THAN HIGHLY ENRICHED URANIUM (HEU),
FROM UKRAINE ARE THREATENING TO MATERIALLY INJURE A U.S.
INDUSTRY, BUT THAT IMPORTS OF URANIUM FROM TAJIKISTAN ARE NOT
MATERIALLY INJURING A U.S. INDUSTRY. AS A RESULT, THE DEPARTMENT
OF COMMERCE PUBLISHED IN THE FEDERAL REGISTER ON AUGUST 30, 1993,
NOTICE OF ITS ANTIDUMPING DUTY ORDER ON URANIUM, OTHER THAN HEU,
FROM UKRAINE, AND TERMINATION OF INVESTIGATION OF URANIUM FROM
TAJIKISTAN.

3. 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
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. LOW ENRICHED URANIUM (LEU) IS INCLUDED WITHIN THE SCOPE OF
THIS ORDER; HEU IS NOT.
LEU IS URANIUM ENRICHED IN U235 TO A LEVEL OF UP TO 20 PERCENT,
WHILE HEU IS URANIUM ENRICHED IN U235 TO A LEVEL OF 20 PERCENT OR
MORE. THE URANIUM SUBJECT TO THESE INVESTIGATIONS IS PROVIDED
FOR UNDER SUBHEADINGS 2612.10.0000, 2844.10.1000, 2844.10.2010,
2844.10.2025, 2844.10.2050, 2844.10.2055, 2844.10.5000,
2844.20.0010, 2844.20.0020, 2844.20.0030, AND 2844.20.0050, OF
THE HARMONIZED TARIFF SCHEDULE (HTS).

SINCE THE PRELIMINARY DETERMINATION, THE DEPARTMENT HAS CLARIFIED
THE SCOPE OF THIS INVESTIGATION. "MILLING" OR "CONVERSION"
PERFORMED IN A THIRD COUNTRY DOES NOT CHANGE THE COUNTRY OF
ORIGIN FOR PURPOSES OF THIS ORDER. MILLING CONSISTS OF
PROCESSING URANIUM ORE INTO URANIUM CONCENTRATE. CONVERSION
CONSISTS OF TRANSFORMING URANIUM CONCENTRATE INTO NATURAL URANIUM
HEXAFLUORIDE (UF6). SINCE MILLING OR CONVERSION DOES NOT CHANGE
THE COUNTRY OF ORIGIN, URANIUM ORE OR CONCENTRATE OF UKRAINIAN
ORIGIN THAT IS SUBSEQUENTLY MILLED AND/OR CONVERTED IN A THIRD
COUNTRY WILL STILL BE CONSIDERED OF UKRAINIAN ORIGIN AND SUBJECT
TO ANTIDUMPING DUTIES. THE DEPARTMENT CONTINUES TO REGARD
ENRICHMENT OF URANIUM AS CONFERRING COUNTRY OF ORIGIN.

ALTHOUGH THE HTS SUBHEADINGS ARE PROVIDED FOR CONVENIENCE AND
CUSTOMS PURPOSES, OUR WRITTEN DESCRIPTION OF THE SCOPE OF THESE
PROCEEDINGS IS DISPOSITIVE.

4. FOR FURTHER REPORTING PURPOSES, THIS CASE HAS BEEN ASSIGNED
THE FOLLOWING INVESTIGATION NUMBER: UKRAINE (A-823-802). FOR
CUSTOMS PURPOSES ONLY THIS CASE HAS BEEN ASSIGNED THE FOLLOWING
CASE NUMBER: UKRAINE (A-462-302).

5. PURSUANT TO THE ANTIDUMPING DUTY ORDER, FIELD OFFICES SHALL
RELEASE ANY CASH OR BOND DEPOSITS ON URANIUM ENTERED OR WITHDRAWN
FROM WAREHOUSE PRIOR TO AUGUST 30, 1993, AND SUSPEND LIQUIDATION
ON ENTRIES, OR WITHDRAWALS FROM WAREHOUSE, FOR CONSUMPTION OF
URANIUM FROM UKRAINE ON OR AFTER AUGUST 30, 1993 AND COLLECT A
CASH DEPOSIT FOR SUCH ENTRIES IN THE FOLLOWING AMOUNTS:

MANUFACTURER/ CUSTOMS ID # AD VALOREM
PRODUCER/EXPORTER

UKRAINE
COUNTRY-WIDE RATE A-462-302-000 129.29%

THIS SUSPENSION SHALL REMAIN IN EFFECT UNITL FURTHER NOTICE.

6. WITH RESPECT TO ENTRIES FROM TAJIKISTAN, FIELD OFFICES SHALL
TERMINATE THE SUSPENSION OF LIQUIDATION ON ALL SUCH ENTRIES
ENTERED OR WITHDRAWN FROM WAREHOUSE FOR CONSUMPTION BEFORE
AUGUST 25, 1993. ALL ESTIMATED ANTIDUMPING DUTIES DEPOSITED ON
SUCH ENTRIES SHALL BE REFUNDED AND THE APPROPRIATE BONDS OR OTHER
SECURITIES POSTED ON THIS MERCHANDISE SHALL BE RELEASED AT THE
TIME OF LIQUIDATION.
ALL FUTURE ENTRIES OF URANIUM FROM TAJIKISTAN ARE NOT SUBJECT TO
ANTIDUMPING DUTIES AND, THEREFORE, LIQUIDATION SHALL NOT BE
SUSPENDED.

HOWEVER, FOR PURPOSES OF MONITORING THE ON-GOING SUSPENSION
AGREEMENTS FROM OTHER CIS COUNTRIES, ENTRIES FROM TAJIKISTAN AND
UKRAINE SHALL BE REPORTED TO THE DEPARTMENT THROUGH "HQ OAB" VIA
E-MAIL. IN ADDITION, ALL REPORTING REQUIREMENTS AS OUTLINED IN
E-MAIL NUMBERS 3350112, 3014114, 3283112, 3288114 ARE STILL TO BE
FOLLOWED.

7. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CUSTOMS
OFFICERS, THEY SHOULD BE REFERRED TO THE TRADE COMPLIANCE
DIVISION, COUNTERVAILING/DUMPING BRANCH VIA EMAIL TO ATTRIBUTE
"HQ OAB". THE IMPORTING PUBLIC AND OTHER INTERESTED PARTIES
SHOULD CONTACT LARRY SULLIVAN, IMPORT COMPLIANCE SPECIALIST,
INTERNATIONAL TRADE ADMINISTRATION, DEPARTMENT OF COMMERCE,
OFFICE OF COUNTERVAILING INVESTIGATIONS, PHONE (202) 482-0114.

8. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFOMRATION.

NANCY MCTIERNAN