MESSAGE NO: 3208114 DATE: 07 27 1993
CATEGORY: ADA TYPE: FIN
REFERENCE: REFERENCE DATE:
CASES: A - 462 - 302 A - 464 - 202
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PERIOD COVERED: 07 08 1993 TO

LIQ SUSPENSION DATE:

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

FROM: DIRECTOR, IMPORT SPECIALIST DIVISION

RE: FINAL DETERMINATIONS OF SALES AT LESS THAN FAIR
VALVE FOR URANIUM FROM UKRAINE AND TAJIKISTAN



1. THE DEPARTMENT OF COMMERCE PUBLISHED IN THE FEDERAL REGISTER
ON JULY 8, 1993, ITS FINAL DETERMINATIONS IN THE ANTIDUMPING DUTY
INVESTIGATIONS OF URANIUM FROM THE UKRAINE AND TAJIKISTAN.

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 COMPOUNDS OF URANIUM ENRICHED IN
U235. BOTH LOW ENRICHED URANIUM (LEU) AND HIGH 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 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, 2844010.1000, 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). ALTHOUGH THE HTS
SUBHEADINGS ARE PROVIDED FOR CONVENIENCE AND CUSTOMS PURPOSES,
OUR WRITTEN DESCRIPTION OF THE SCOPE OF THESE PROCEEDINGS IS
DISPOSITIVE.

SINCE THE PRELIMINARY DETERMINATIONS, THE DEPARTMENT HAS
CLARIFIED THE SCOPE OF THESE INVESTIGATIONS FOR THE U.S. CUSTOMS
SERVICE. "MILLING" OR "CONVERSION" PERFORMED IN A THIRD COUNTRY
DOES NOT CONFER ORIGIN FOR PURPOSES OF THESE INVESTIGATIONS.
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 CONFER ORIGIN, URANIUM ORE OR
CONCENTRATE OF UKRAINIAN OR TAJIK ORIGIN THAT IS SUBSEQUENTLY
MILLED AND/OR CONVERTED IN A THIRD COUNTRY WILL BE CONSIDERED OF
UKRAINIAN OR TAJIK ORIGIN, RESPECTIVELY. THE DEPARTMENT
CONTINUES TO REGARD ENRICHMENT OF URANIUM AS CONFERRING ORIGIN.

3. DUE TO A FINAL FINDING OF THE EXISTENCE OF CRITICAL
CIRCUMSTANCES, THE U.S. CUSTOMS SERVICE SHALL (1) SUSPEND
LIQUIDATION OF ALL ENTRIES OF URANIUM FROM TAJIKISTAN AND UKRAINE
THAT ARE ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON
OR AFTER MARCH 5, 1992 (90 DAYS PRIOR TO THE DATE OF PUBLICATION
OF OUR PRELIMINARY DETERMINATION) THROUGH OCTOBER 16, 1992 (THE
SIGNING OF THE SUSPENSION AGREEMENT) AND (2) SUSPEND LIQUIDATION
OF ALL ENTRIES OF URANIUM FROM TAJIKISTAN AND UKRAINE THAT ARE
ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON OR AFTER
APRIL 12, 1993 (FOR UKRAINE) AND APRIL 26, 1993 (FOR TAJIKISTAN),
(THE EFFECTIVE DATE OF THE TERMINATION) UNTIL JULY 8, 1993. FOR
THESE PERIODS, THE U.S. CUSTOMS SERVICE SHALL REQUIRE A CASH
DEPOSIT OR BOND EQUAL TO 115.82 PERCENT AD VALOREM. ON OR AFTER
JULY 8, 1993, THE U.S. CUSTOMS SERVICE SHALL SUSPEND LIQUIDATION
OF ALL UNLIQUIDATED ENTRIES OF URANIUM FROM UKRAINE AND
TAJIKISTAN THAT ARE ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR
CONSUMPTION AND REQUIRE A CASH DEPOSIT OR BOND EQUAL TO 129.29
PERCENT AD VALOREM.

4. FOR INVESTIGATION PURPOSES ONLY, THESE ANTIDUMPING DUTY CASES
HAVE BEEN ASSIGNED INVESTIGATIONS NUMBERS A-823-802 (UKRAINE),
AND A-842-802 (TAJIKISTAN). FOR CUSTOMS REPORTING PURPOSES,
PLEASE USE THE FOLLOWING CASE NUMBERS: A-462-302, AND A-464-202.

5. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CUSTOMS
OFFICERS, THEY SHOULD CONTACT THE IMPORT SPECIALIST DIVISION,
OTHER AGENCY BRANCH VIA E-MAIL TO ATTRIBUTE "HQ OAB". THE
IMPORTING PUBLIC AND OTHER INTERESTED PARTIES SHOULD CONTACT
LAWRENCE P. SULLIVAN AND CAROLE A. SHOWERS, OFFICE OF
COUNTERVAILING INVESTIGATIONS, IMPORT ADMINISTRATION,
INTERNATIONAL TRADE ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE,
TELEPHONE (202) 482-0114 OR 482-3217, RESPECTIVELY.


NANCY MCTIERNAN