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