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Federal Register / Vol. 71, No.

155 / Friday, August 11, 2006 / Notices 46191

liquidation for the merchandise covered Background and mixtures containing natural
by the revocation on the effective date On July 1, 2005, the ITC instituted, uranium or natural uranium compound;
of the notice of revocation and to release and the Department initiated, a sunset uranium enriched in U235 and its
any cash deposit or bond. See 19 CFR review of the Suspension Agreement, compounds; alloys dispersions
351.222(g)(4). The current requirement pursuant to section 751(c) of the Tariff (including cermets), ceramic products
for a cash deposit of estimated AD Act of 1930, as amended (‘‘the Act’’). and mixtures containing uranium
duties on all subject merchandise will See ITC Investigation Nos. 731–TA–539– enriched in U235 or compounds or
continue unless and until it is modified C (Second Review), Uranium from uranium enriched in U235; and any
pursuant to the final results of this Russia, 70 FR 38212 (July 1, 2005) and other forms of uranium within the same
changed circumstances review. Initiation of Five-year (Sunset) Reviews, class or kind. The uranium subject to
This initiation and preliminary results 70 FR 38101 (July 1, 2005). As a result this investigation was provided for
of review and notice are in accordance of its review, pursuant to sections 751(c) under subheadings 2612.10.00.00,
with sections 751(b) and 777(i) of the and 752 of the Act, the Department 2844.10.10.00, 2844.10.20.10,
Act and 19 CFR 351.216, 351.221, and determined that termination of the 2844.10.20.25, 2844.10.20.50,
351.222. Suspension Agreement would likely 2844.10.20.55, 2844.10.50,
lead to a continuation or recurrence of 2844.20.00.10, 2844.20.00.20,
Dated: August 7, 2006. 2844.20.00.30, and 2844.20.00.50 of the
dumping and notified the ITC of the
Joseph A. Spetrini, Harmonized Tariff Schedule of the
magnitude of the margin likely to
Acting Assistant Secretary for Import prevail should the Suspension United States (‘‘HTSUS’’).2 In addition,
Administration. the Department preliminarily
Agreement be terminated. See Final
[FR Doc. E6–13168 Filed 8–10–06; 8:45 am] Results of Five-year Sunset Review of determined that highly–enriched
BILLING CODE 3510–DS–S Suspended Antidumping Duty uranium (‘‘HEU’’) (uranium enriched to
Investigation on Uranium from the 20 percent or greater in the isotope
Russian Federation, 71 FR 32517 (June uranium–235) is not within the scope of
DEPARTMENT OF COMMERCE 6, 2006). the investigation. On October 30, 1992,
On August 7, 2006, pursuant to the Department issued a suspension of
International Trade Administration the antidumping duty investigation of
section 751(c) of the Act, the ITC
determined that termination of the uranium from Russia and an
A–821–802 suspended investigation on uranium amendment of the preliminary
from the Russian Federation would be determination.3 The notice amended the
Continuation of Suspended scope of the investigation to include
likely to lead to continuation or
Antidumping Duty Investigation: HEU.4 Imports of uranium ores and
recurrence of material injury to an
Uranium From the Russian Federation concentrates, natural uranium
industry in the United States within a
reasonably foreseeable time. See compounds, and all other forms of
AGENCY: Import Administration,
Uranium from Russia, 71 FR 44707 enriched uranium were classifiable
International Trade Administration,
(August 7, 2006) and USITC Publication under HTSUS subheadings 2612.10.00,
Department of Commerce.
3872 (August 2006), entitled ‘‘Uranium 2844.10.20, 2844.20.00, respectively.
SUMMARY: As a result of the From Russia, Investigation No. 731–TA– Imports of natural uranium metal and
determination by the Department of 539–C (Second Review).’’ Therefore, forms of natural uranium other than
Commerce (‘‘the Department’’) that pursuant to Section 351.218(f)(4) of the compounds were classifiable under
termination of the Agreement Department’s regulations, the HTSUS subheadings 2844.10.10 and
Suspending the Antidumping Department is publishing this notice of 2844.10.50.5
Investigation on Uranium from the the continuation of the Suspension In addition, Section III of the
Russian Federation (‘‘Suspension Agreement. Suspension Agreement provides that
Agreement’’) would likely lead to uranium ore from Russia that is milled
continuation or recurrence of dumping Scope into U3O8 and/or converted into UF6 in
and the determination by the According to the June 3, 1992, another country prior to direct and/or
International Trade Commission (‘‘ITC’’) preliminary determination, the indirect importation into the United
that termination of the suspended suspended investigation of uranium States is considered uranium from
antidumping duty investigation on from Russia encompassed one class or Russia and is subject to the terms of the
uranium from the Russian Federation kind of merchandise.1 The merchandise Suspension Agreement, regardless of
would likely lead to continuation or included natural uranium in the form of any subsequent modification or
recurrence of material injury to an uranium ores and concentrates; natural blending.6 In addition, Section M.1 of
industry in the United States within a uranium metal and natural uranium the Suspension Agreement in no way
reasonably foreseeable time, the compounds; alloys, dispersions
Department is publishing this notice of (including cermets), ceramic products, 2 See Preliminary Determination of Sales at Less

continuation of the Suspension Than Fair Value: Uranium from Kazakhstan,


Agreement on uranium from Russia. 1 The Department based its analysis of the Kyrgyzstan, Russia, Tajikistan, Ukraine and
Uzbekistan; and Preliminary Determination of Sales
comments on class or kind submitted during the
EFFECTIVE DATE: August 11, 2006. at Not Less Than Fair Value: Uranium from
proceeding and determined that the product under
Armenia, Azerbaijan, Byelarus, Georgia, Moldova
investigation constitutes a single class or kind of
FOR FURTHER INFORMATION CONTACT: and Turkmenistan, 57 FR 23380, 23381 (June 3,
merchandise. The Department based its analysis on
Sally C. Gannon, Import 1992).
the ‘‘Diversified’’’ criteria (see Diversified Products 3 See Antidumping; Uranium from Kazakhstan,
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Administration, International Trade Corp. v. United States, 6 CIT 1555 (1983); see also
Kyrgyszstan, Russia, Tajikistan, Ukraine, and
Administration, U.S. Department of Preliminary Determination of Sales at Less Than
Fair Value: Uranium from Kazakhstan, Kyrgyzstan, Uzbekistan; Suspension of Investigations and
Commerce, 14th Street and Constitution Russia, Tajikistan, Ukraine and Uzbekistan; and Amendment of Preliminary Determinations, 57 FR
Avenue, NW, Washington, DC 20230; Preliminary Determination of Sales at Not Less 49220 (October 30, 1992).
4 See Id. at 49235.
telephone: (202) 482–0162. Than Fair Value: Uranium from Armenia,
5 See Id.
Azerbaijan, Byelarus, Georgia, Moldova and
SUPPLEMENTARY INFORMATION: Turkmenistan, 57 FR 23380, 23382 (June 3, 1992). 6 See Id. at 49235.

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46192 Federal Register / Vol. 71, No. 155 / Friday, August 11, 2006 / Notices

prevents Russia from selling directly or Suspension Agreement not later than semiconductors (‘‘DRAMS’’) from the
indirectly any or all of the HEU in July 2011. Republic of Korea (‘‘ROK’’). See Notice
existence at the time of the signing of This five-year (sunset) review and of Countervailing Duty Order: Dynamic
the agreement and/or low–enriched notice are in accordance with section Random Access Memory
uranium (‘‘LEU’’) produced in Russia 751(c) of the Act and published Semiconductors from the Republic of
from HEU to the Department of Energy pursuant to section 777(I)(1) of the Act. Korea, 68 FR 47546 (August 11, 2003)
(‘‘DOE’’), its governmental successor, its Dated: August 7, 2006. (‘‘CVD Order’’). On August 1, 2005, the
contractors, or U.S. private parties Joseph A. Spetrini, Department published a notice of
acting in association with DOE or the ‘‘Opportunity to Request Administrative
Acting Assistant Secretary for Import
USEC and in a manner not inconsistent Administration.
Review’’ for this countervailing duty
with the Suspension Agreement order. On August 30, 2005, we received
[FR Doc. E6–13195 Filed 8–10–06; 8:45 am]
between the United States and Russia a request for review from the petitioner,
BILLING CODE 3510–DS–S
concerning the disposition of HEU Micron Technology, Inc. (‘‘Micron’’). On
resulting from the dismantlement of August 31, 2005, we received a request
nuclear weapons in Russia. from Hynix Semiconductor, Inc.
DEPARTMENT OF COMMERCE
There were three amendments to the (‘‘Hynix’’). In accordance with 19 CFR
Suspension Agreement on Russian International Trade Administration 351.221(c)(1)(i) (2004), we published a
uranium. In particular, the second notice of initiation of the review on
C–580–851 September 28, 2005. See Initiation of
amendment to the Suspension
Agreement, published on November 4, Antidumping and Countervailing Duty
Dynamic Random Access Memory Administrative Reviews and Request for
1996, provided for, among other things, Semiconductors from the Republic of
the sale in the United States of the Revocation in Part, 70 FR 56631
Korea: Preliminary Results of (September 28, 2005) (‘‘Initiation
natural uranium feed associated with Countervailing Duty Administrative
the Russian LEU derived from HEU and Notice’’).
Review On November 2, 2005, we issued
included within the scope of the
Suspension Agreement Russian AGENCY: Import Administration, countervailing duty questionnaires to
uranium which has been enriched in a International Trade Administration, the Government of the Republic of
third country prior to importation into Department of Commerce. Korea (‘‘GOK’’) and Hynix. We received
the United States.7 SUMMARY: The Department of Commerce responses to these questionnaires in
is conducting an administrative review December 2005. Micron submitted
On August 6, 1999, USEC, Inc. and its
of the countervailing duty order on comments on Hynix’s questionnaire
subsidiary, United States Enrichment
dynamic random access memory responses in January 2006. In March
Corporation (collectively, ‘‘USEC’’)
semiconductors from the Republic of 2006, we issued supplemental
requested that the Department issue a
Korea for the period January 1, 2004, questionnaires to the GOK and Hynix,
scope ruling to clarify that enriched
through December 31, 2004. We and we received responses to these
uranium located in Kazakhstan at the supplemental questionnaires in April
time of the dissolution of the Soviet preliminarily find that Hynix
Semiconductor, Inc. received 2006.
Union is within the scope of the Russian On January 12, 2006, we received a
Suspension Agreement. Respondent countervailable subsidies during the
period of review. If the final results new subsidies allegation from Micron.
interested parties filed an opposition to On April 26, 2006, Micron submitted a
the scope request on August 27, 1999. remain the same as these preliminary
results, we will instruct U.S. Customs supplement to its January 12, 2006, new
That scope request is pending before the subsidies allegation. On June 8, 2006,
Department. and Border Protection (‘‘CBP’’) to assess
countervailing duties as detailed in the we initiated an investigation of two of
Determination ‘‘Preliminary Results of Review’’ section the five new subsidies that Micron
of this notice. alleged in this administrative review.
As a result of the determinations by See New Subsidy Allegations
the Department and the ITC that Interested parties are invited to
comment on these preliminary results Memorandum, dated June 8, 2006,
termination of the suspended available in the Central Records Unit
investigation would likely lead to (see the ‘‘Public Comment’’ section of
this notice, below). (‘‘CRU’’), Room B–099 of the main
continuation or recurrence, respectively, Department building.
of dumping and material injury to an EFFECTIVE DATE: August 11, 2006.
On April 25, 2006, we published a
industry in the United States, pursuant FOR FURTHER INFORMATION CONTACT: postponement of the preliminary results
to section 751(d)(2) of the Act, the Steve Williams and Andrew McAllister in this review until August 7, 2006. See
Department hereby orders the , Office of Antidumping/Countervailing Dynamic Random Access Memory
continuation of the Suspension Duty Operations, Office 1, Import Semiconductors from the Republic of
Agreement. The effective date of Administration, International Trade Korea: Extension of Time Limit for
continuation of this Suspension Administration, U.S. Department of Preliminary Results of Countervailing
Agreement will be the date of Commerce, Room 3069, 14th Street and Duty Review, 71 FR 23898 (April 25,
publication in the Federal Register of Constitution Avenue, N.W., 2006).
this Notice of Continuation. Pursuant to Washington, D.C. 20230; telephone: In June 2006, we issued supplemental
sections 751(c)(2) and 751(c)(6) of the (202) 482- 4619 or (202) 482–1174, questionnaires to the GOK and Hynix
Act, the Department intends to initiate respectively. regarding the new subsidies alleged by
the next five-year sunset review of this SUPPLEMENTARY INFORMATION: Micron. We received responses to the
hsrobinson on PROD1PC67 with NOTICES1

supplemental questionnaires on June


7 See Amendments to the Agreement Suspending Case History 30, 2006. On July 13, 2006, Micron
the Antidumping Investigation on Uranium from On August 11, 2003, the Department submitted pre–preliminary comments
the Russian Federation, 61 FR 56665 (November 4,
1996). According to the amendment, the latter
of Commerce (‘‘the Department’’) and a separate compilation of rebuttal
modification remained in effect until October 3, published a countervailing duty order factual information. On July 18, 2006,
1998. on dynamic random access memory Hynix responded to Micron’s July 13,

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