MESSAGE NO: 3288114
DATE: 10 14 1992
CATEGORY: ADA
TYPE: COR
REFERENCE: 3283112
REFERENCE DATE: 10 09 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 SCOPE DETERMINATION ON URANIUM
FROM KAZAKHSTAN,KRYGYZSTAN,RUSSIA,UKRAINE
TAJIKISTAN AND UZBEKISTAN -
NOTE PARAGRAPH 4 CORRECTION
1.
IN JUNE 1992, THE DEPARTMENT OF COMMERCE 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.
THIS
MESSAGE CLARIFIES
THE
SCOPE
OF
THE
PRELIMINARY DETERMINATION.
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 OF COMMERCE
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
A
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 MILLING
OR CONVERSION IN
A
THIRD
COUNTRY REMOVES THE PRODUCT FROM
THE
SCOPE
OF
THE PRELIMINARY
DETERMINATION.
4. COMMERCE DOES
NOT CONSIDER URANIUM ORE
OR CONCENTRATE, WHICH
HAS UNDERGONE FURTHER PROCESSING IN A THIRD COUNTRY AS DESCRIBED
IN PARAGRAPH 3, TO BE A PRODUCT OF THE THIRD COUNTRY.
THEREFORE,
URANIUM
ORE
OR
CONCENTRATE
WITH
A
COUNTRY
OF
ORIGIN
OF
KAZAKHSTAN, KRYGYZSTAN, RUSSIA, TAJIKSTAN, UKRAINE OR UZBEKISTAN,
WHICH IS SUBSEQUENTLY MILLED AND/OR CONVERTED IN
A THIRD COUNTRY
SHOULD
STILL
BE CONSIDERED OR
KAZAKH,
KYRGZ,
RUSSIA,
TAJIK,
UKRANIAN OR UZBEK ORIGIN, RESPECTIVELY, FOR
THE PURPOSES OF
THE
PRELIMINARY DETERMINATION.
LIQUIDATION OF
SUCH
IMPORTS
SHOULD
CONTINUE TO BE SUSPENDED.
CUSTOMS FIELD OFFICES SHOULD CAREFULLY
EXAMINE ALL IMPORTS OF
MILLED
OR CONVERTED URANIUM TO DETERMINE
WHETHER THE URANIUM ORE OR CONCENTRATE USED TO PRODUCE THE MILLED
OR CONVERTED PRODUCT IS OF KAZKH, KYRGZ, RUSSIAN, TAJIK, UKRANIAN
OR UZBEK ORIGIN.
5.
IN ACCORDANCE WITH PREVIOUS INSTRUCTIONS, CONTINUE TO SUSPEND
LIQUIDATION
OF
URANIUM
FROM
KAZAKHSTAN,
KRYGYZSTAN,
RUSSIA,
TADJIKISTAN,
UKRAINE AND UZBEKISTAN.
6. CURRENTLY, THE
OFFICE
OF REGULATIONS AND
RULINGS (OR&R)
IS
REVEIWING WHETHER THE FURTHER PROCESSING OF URANIUM ORE OR
CONCENTRATE CONSTITUTES SUBSTANTIAL TRANSFORMATION FOR TARIFF AND
COUNTRY OF
ORIGIN PURPOSES.
AN
OR&R DECISION RELATIVE TO
THIS
MATTER WILL BE ISSUED SOON.
7.
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.
8. THERE ARE NO RESTRICTIONS ON RELEASE OF THIS INFORMATION.
NANCY MCTIERNAN