MESSAGE NO: 3283112 DATE: 10 09 1992
CATEGORY: ADA TYPE: OTH
REFERENCE: 2156114 REFERENCE DATE: 06 04 1992
CASES: A - 462 - 102 A - 462 - 202
A - 462 - 302 A - 463 - 102
A - 463 - 202 A - 463 - 302

PERIOD COVERED: 06 03 1992 TO

LIQ SUSPENSION DATE:

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

FROM: DIRECTOR, IMPORT SPECIALIST DIVISION

RE: CLARIFICATION OF THE ANTIDUMPING DUTY INVESTIGATION
OF URANIUM FROM KAZAKHSTAN,KRYGYZSTAN,RUSSIA,UKRAINE
TAJIKISTAN AND UZBEKISTAN - 6/3/92 FR DATE

1. IN JUNE 1992, THE DEPARTMENT ISSUED INSTRUCTIONS TO CUSTOMS
ORDERING THE SUSPENSION OF LIQUIDATION OF URANIUM FROM
KAZAKHSTAN, KYRGYZSTAN, RUSSIA, TAJIKISTAN, UKRAINE AND
UZBEKISTAN PURSUANT TO AN AFFIRMATIVE PRELIMINARY ANTIDUMPING
DUTY DETERMINATION. FOR YOUR CONVENIENCE, THE SCOPE WILL BE
REPEATED HEREIN.

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
ENRICHED IN U235 AND ITS COMPOUNDS, ALLOYS, DISPERSIONS
(INCLUDING CERMETS, CERAMIC PRODUCTS, AND MIXTURES CONTAINING
URANIUM ENRICHED IN U235 OR COMP(OUNDS OR URANIUM ENRICHED IN
U235. THE URANIUM SUBJECT TO THESE INVESTIGATIONS IS PROVIDED
FOR UNDER SUBHEADING 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. THE DEPARTMENT HAS HAD INQUIRIES FROM IMPORTERS REGARDING THE
ENTRY OF URANIUM ORE OR CONCENTRATE FROM KAZAKHSTAN, KYRGYZSTAN,
RUSSIA, TAJIKISTAN, UKRAINE OR UZBEKISTAN WHICH HAS UNDERGONE
CERTAIN FURTHER PROCESSING IN THIRD COUNTRY. THIS CERTAIN
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). THE IMPORTERS HAVE
ASKED THE DEPARTMENT WHETHER MIL LING OR CONVERSION IN THIRD
COUNTRY CONFERS A NEW COUNTRY OF ORIGIN ON THAT PRODUCT.

4. THE DEPARTMENT CLARIFIES ITS ORIGINAL INSTRUCTIONS TO
CUSTOMS. 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 KAZAKH, KYRGYZ, RUSSIAN, TAJIK,
UKRAINIAN OR UZBEK ORIGIN, RESPECTIVELY. LIQUIDATION OF SUCH
IMPORTS SHOULD CONTINUE TO BE SUSPENDED. 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 KAZKH, KYRGYZ,
RUSSIAN, TAJIK, UKRAINIAN OR UZBEK ORIGIN.

5. IN ACCORDANCE WITH PREVIOUS INSTRUCTIONS, CONTINUE TO SUSPEND
LIQUIDATION OF URANIUM FROM KAZAKHSTAN, KYRGYZSTAN, RUSSIA,
TADJIKISTAN, UKRAINE, AND UZBEKISTAN.

6. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CUSTOMS
OFFICERS PLEASE CONTACT THE IMPORT SPECIALIST DIVISION, OTHER
AGENCY BRANCH VIA E-MAIL ATTIBUTE HQ OAB. THE IMPORTING PUBLIC
AND OTHER INTERESTED PARTIES SHOULD CONTACT LARRY SULLIVAN AT
(202) 482-0114, OF THE OFFICE OF COUNTERVAILING INVESTIGATIONS,
IMPORT ADMINISTRATION, INTERNATIONAL TRADE ADMINISTRATION,
DEPARTMENT OF COMMERCE.

7. THERE ARE NO RESTRICTIONS ON RELEASE OF THIS INFORMATION.

NANCY MCTIERNAN