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