MESSAGE NO: 5362111 DATE: 12 28 1994
CATEGORY: ADA TYPE: INF
REFERENCE: REFERENCE DATE:
CASES: A - 462 - 102 - -
- - - -
- - - -

PERIOD COVERED: 12 28 1994 TO

LIQ SUSPENSION DATE:

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

FROM: DIRECTOR, TRADE COMPLIANCE DIVISION

RE: RECAP & NEW INSTRUCTIONS FOR A RECENT AMENDMENT TO THE
RUSSIAN FEDERATION AGREEMENT COVERING IMPORTS OF URANIUM


###THE FOLLOWING RECAPS INSTRUCTIONS FOR THE ANTIDUMPING
SUSPENSION AGREEMENTS ON URANIUM FROM THE RUSSIAN FEDERATION
AND OTHER COMMONWEALTH OF INDEPENDENT STATES (CIS) (SEE
E-MAILS, 3283112 OF 10/9/92; 3014114 OF 1/14/93; AND 3246111
OF 9/3/93) AND INCLUDES NEW INSTRUCTIONS FOR A RECENT
ADMENDMENT TO THE RUSSIAN FEDERATION AGREEMENT ###

1. ON MARCH 11, 1994, THE DEPARTMENT OF COMMERCE (DOC) AND THE
RUSSIAN MINISTRY OF ATOMIC ENERGY (MINATOM) FINALIZED THE
AMENDMENT TO THE 1992 U.S.-RUSSIAN ANTIDUMPING URANIUM SUSPENSION
AGREEMENT (59 FR 15773, APRIL 1, 1994). THE AMENDMENT ALLOWS FOR
IMPORTS OF RUSSIAN URANIUM ONLY IF THEY ARE MATCHED IN EQUAL
PORTIONS WITH NEWLY PRODUCED U.S. URANIUM.

2. THE PURPOSE OF THIS E-MAIL IS TO REITERATE PREVIOUS
INSTRUCTIONS AND REQUIREMENTS SINCE THE ABOVE-CITED E-MAILS WERE
ISSUED; AND, TO EXPLAIN NEW INSTRUCTIONS PERTAINING TO THE
AMENDMENT TO THE ANTIDUMPING SUSPENSION AGREEMENT ON URANIUM FROM
THE RUSSIAN FEDERATION.

3. STATUS OF THE VARIOUS ANTIDUMPING DUTY CASES ON URANIUM
PRODUCTS FROM THE CIS (SHOWING CASE NUMBERS FOR REFERENCE):

A. SUSPENSION AGREEMENTS ON URANIUM ARE IN EFFECT FOR:
KAZAKHSTAN (A-463-402), KYRGYZSTAN (A-463-502), RUSSIA
(A-462-102), AND UZBEKISTAN (A-464-402).

B. AN ANTIDUMPING DUTY ORDER IS IN EFFECT FOR IMPORTS OF
URANIUM FROM UKRAINE (A-462-302).




C. INVESTIGATIONS WERE TERMINATED FOR URANIUM FROM ARMENIA
(A-463-102), AZERBAIJAN (A-463-202), BELARUS
(A-462-202), GEORGIA (A-463-302), MOLDOVA (A-464-102),
TAJIKISTAN (A-464-202), AND TURKMENISTAN (A-464-302).

4. PLEASE NOTE IN ADMINISTERING THE PROVISIONS OF THE
AGREEMENTS/ORDER THE FOLLOWING ORIGIN CONSIDERATIONS:

A. THE MILLING AND CONVERSION PROCESSES (TRANSFORMING
URANIUM CONCENTRATE INTO URANIUM HEXAFLOURIDE, UF6,) DO
NOT CONFER A NEW COUNTRY OF ORIGIN FOR PURPOSES OF THE
ANTIDUMPING SUSPENSION AGREEMENTS. THEREFORE, URANIUM
ORE OR CONCENTRATE WITH A COUNTRY OF ORIGIN OF
KAZAKHSTAN, KYRGYZSTAN, RUSSIA, UKRAINE, OR UZBEKISTAN
WHICH IS SUBSEQUENTLY MILLED AND/OR CONVERTED IN A THIRD
COUNTRY SHOULD STILL BE CONSIDERED OF KAZAKHSTANI,
KYRGYZ, RUSSIAN, UKRAINIAN OR UZBEK ORIGIN,
RESPECTIVELY. FOR EXAMPLE, RUSSIAN URANIUM CONCENTRATE
CONVERTED INTO UF6 IN THE UNITED KINGDOM CONTINUES TO BE
RUSSIAN URANIUM FOR PURPOSES OF THE ANTIDUMPING
SUSPENSION AGREEMENTS. CONVERSION SERVICES ARE OFFERED
IN THE FOLLOWING COUNTRIES: CANADA, FRANCE, JAPAN,
RUSSIA, SOUTH AFRICA, AND THE UNITED KINGDOM.

B. THE DOC CONSIDERS ENRICHMENT OF URANIUM TO CONFER ORIGIN.
HOWEVER, AS NOTED BELOW, IS STILL INTERESTED IN THE
ORIGIN OF THE URANIUM ORE OR CONCENTRATE USED TO PRODUCE
THE PRODUCT.

5. IN ACCORDANCE WITH THESE ORIGIN CONSIDERATIONS, CUSTOMS
OFFICERS MUST CAREFULLY EXAMINE ALL IMPORTS AND REPORT THE
FOLLOWING TO THE DOC THROUGH "HQ OAB" VIA E-MAIL.

A. IMPORTS OF MILLED AND/OR CONVERTED URANIUM WHERE THE
URANIUM ORE OR CONCENTRATE USED TO PRODUCE THE
MILLED/OR CONVERTED PRODUCT IS OF KAZAKHSTANI, KYRGYZ,
RUSSIAN, UKRAINIAN, OR UZBEK ORIGIN.

B. ENRICHED URANIUM WHERE THE URANIUM ORE OR CONCENTRATE
USED TO PRODUCE THE ENRICHED PRODUCT IS OF KAZAKHSTANI,
KYRGYZ, RUSSIAN, UKRAINIAN, OR UZBEK ORIGIN.

C. IMPORTS OF URANIUM FROM ARMENIA, AZERBAIJAN, BELARUS,
GEORGIA, MOLDOVA, TAJIKISTAN, TURKMENISTAN, AND UKRAINE.

6. CUSTOMS WILL NOT ALLOW ENTRY OF URANIUM FROM KAZAKHSTAN,
KYRGYZSTAN, RUSSIA, AND UZBEKISTAN UNLESS AUTHORIZED TO DO SO BY
THE DOC. OFFICIAL AUTHORIZATION FOR ENTRY WILL BE PROVIDED BY
DOC THROUGH "HQ OAB" VIA E-MAIL.




7. THE FOLLOWING DOCUMENTATION IS REQUIRED:

A. CUSTOMS SHALL REQUIRE ALL IMPORTERS OF URANIUM FROM ALL
COUNTRIES TO SUBMIT WITH THE ENTRY SUMMARY WRITTEN
STATEMENTS SIGNED BY THE IMPORTER OF RECORD:

1) CERTIFYING THAT THE URANIUM PRODUCT BEING IMPORTED WAS
NOT OBTAINED UNDER ANY ARRANGEMENT, SWAP, EXCHANGE, OR
OTHER TRANSACTION DESIGNED TO CIRCUMVENT THE AGREEMENTS
WITH KAZAKHSTAN, KYRGYZSTAN, RUSSIA, AND UZBEKISTAN AND
THE ANTIDUMPING DUTY ORDER ON UKRAINE.

2) CERTIFYING THE COUNTRY OF ORIGIN OF THE URANIUM ORE OR
CONCENTRATES IF OTHER ACCOMPANYING SHIPMENT DOCUMENTATION
DOES NOT FULFILL THIS REQUIREMENT (I.E., A SIGNED
CERTIFICATE OF ORIGIN OR A SIGNED EXPORT CERTIFICATE).

B. FOR IMPORTS OF URANIUM FROM RUSSIA, KAZAKHSTAN,
KYRGYZSTAN, AND UZBEKISTAN, CUSTOMS SHALL REQUIRE (IN
ADDITION TO SUBPARAGRAPH 7A) PRESENTATION OF AN EXPORT
CERTIFICATE, ISSUED AND ENDORSED BY AN AUTHORIZED AGENCY
OF THE RESPECTIVE COUNTRY.

C. FOR IMPORTS OF URANIUM FROM RUSSIA, KAZAKHSTAN,
KYRGYZSTAN, AND UZBEKISTAN FOR PROCESSING AND RE-EXPORT,
CUSTOMS SHALL REQUIRE (IN ADDITION TO SUBPARAGRAPH 7A)
PRESENTATION OF A RE-EXPORT CERTIFICATE, ISSUED BY AN
AUTHORIZED AGENCY OF THE RESPECTIVE COUNTRY. IN
ADDITION, CUSTOMS SHALL REQUIRE PRESENTATION OF AN IMPORT
CERTIFICATE IN WHICH THE IMPORTER-OF-RECORD HAS CERTIFIED
THAT IT WILL ENSURE RE-EXPORTATION WITHIN 12 MONTHS OF
ENTRY INTO THE UNITED STATES OR, IN THE CASE OF A SAMPLE,
THAT THE MATERIAL WILL BE DESTROYED IN TESTING OR
REPROCESSED.

D. IF THE IMPORTER FAILS TO PROVIDE THESE STATEMENTS OF
CERTIFICATION, CUSTOMS WILL NOT RELEASE THE
MERCHANDISE OR SHALL ORDER REDELIVERY OF THE
MERCHANDISE, IF APPROPRIATE.


8. WITH REGARD TO THE RECENT AMENDMENT TO THE RUSSIAN FEDERATION
AGREEMENT, FOLLOWING ARE ADDITIONAL REQUIREMENTS REGARDING
IMPORTATIONS FROM THE RUSSIAN FEDERATION:




A. AN ADDITIONAL CERTIFICATION SIGNED BY THE IMPORTER THAT
THE MATERIAL WILL BE USED ONLY FOR A MATCHED SALE IN
ACCORDANCE WITH SECTION II(h) OF THE AMENDMENT. AS WITH
THE OTHER CERTIFICATIONS, IF THE IMPORTER FAILS TO
PROVIDE THESE STATEMENTS OF CERTIFICATION, CUSTOMS WILL
NOT RELEASE THE MERCHANDISE OR SHALL ORDER REDELIVERY OF
THE MERCHANDISE, IF APPROPRIATE. (NOTE THAT THE DOC
MUST SPECIFICALLY AUTHORIZE ENTRY OF THESE PRODUCTS IN
ACCORDANCE WITH PARAGRAPH 6, ABOVE.)

B. FOR CERTAIN ENTRIES OF RUSSIAN PRODUCTS UNDER THE
AMENDMENT, IN ADDITION TO AUTHORIZING ENTRY, DOC WILL
INSTRUCT CUSTOMS TO SUSPEND LIQUIDATION OF ENTRY
SUMMARIES (AT A ZERO DEPOSIT RATE) FOR SUCH ENTRIES UNTIL
THE TERMS OF THE AMENDMENT ARE COMPLIED WITH. AT THAT
TIME, DOC WILL INSTRUCT CUSTOMS TO LIQUIDATE ANY SUCH
ENTRIES, IF APPROPRIATE.

9. THE TERM "URANIUM" AS USED IN THESE INSTRUCTIONS REFERS TO
URANIUM PRODUCTS CLASSIFIED 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.

10. FOR ALL IMPORTS OF URANIUM CLASSIFIED UNDER THE SUBHEADINGS
IN PARAGRAPH 9, CUSTOMS SHALL FORWARD TO DOC A COPY OF THE
COMPLETE ENTRY SUMMARY PACKAGE, INCLUDING COPIES OF ALL
CERTIFICATIONS, WITHIN 14 DAYS OF PRESENTATION OF THE ENTRY
SUMMARY. PLEASE MAIL THEM TO:

DEPARTMENT OF COMMERCE
ITA/IA/C/OAC, ROOM 7866
14TH AND CONSTITUTION AVE., NW
WASHINGTON, DC 20230
ATTN: URANIUM PROGRAM

PLEASE NOTE: DUE TO OAC OPERATION OF SEVERAL SUCH PROGRAMS,
PLEASE CLEARLY INDICATE DELIVERY TO URANIUM PROGRAM ON THE
OUTSIDE OF THE PACKAGE.




11. IF CUSTOMS OFFICERS HAVE ANY QUESTIONS REGARDING ANY OF
THESE PROCEDURES, PLEASE CONTACT VIA E-MAIL, THROUGH THE AD/CVD
REGIONAL COORDINATOR, THE TRADE COMPLIANCE DIVISION, AD/CVD
BRANCH USING ATTRIBUTE "HQ OAB". OTHER INTERESTED PARTIES
SHOULD CONTACT SALLY GANNON, OFFICE OF AGREEMENTS COMPLIANCE,
IMPORT ADMINISTRATION, INTERNATIONAL TRADE ADMINISTRATION, U.S.
DEPARTMENT OF COMMERCE AT 202-482-1391.

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





NANCY MCTIERNAN