Procedures for Delivery of HEU Natural Uranium Component in the United States

DEPARTMENT OF COMMERCE

International Trade Administration

Procedures for Delivery of HEU Natural Uranium Component in the

United States

AGENCY: Import Administration, International Trade Administration, U.S.

Department of Commerce.

ACTION: Notice.

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SUMMARY: The Department of Commerce is announcing the final Procedures

for Delivery of HEU Natural Uranium Component in the United States.

FOR FURTHER INFORMATION CONTACT: James C. Doyle or Sally C. Gannon,

Enforcement Group III, Office IX, Import Administration, International

Trade Administration, U.S. Department of Commerce, 14th St. and

Constitution Avenue, NW., Washington, DC 20230, telephone: 202-482-

3793.

Background:

On April 25, 1996, Congress passed the United States Enrichment

Corporation Privatization Act (``USEC Privatization Act''), 42 U.S.C.

2297h, et seq. The USEC Privatization Act requires the U.S. Department

of Commerce (``Department'') to administer and enforce the limitations

set forth in 42 U.S.C. 2297h-10(b) of the USEC Privatization Act. On

January 7, 1998, in order to implement this statutory mandate, the

Department issued the Procedures for Delivery of HEU Natural Uranium

Component in the United States (``HEU Procedures''). The purpose of

issuing the HEU Procedures is to enhance the predictability and

transparency of the administration and enforcement of the above-

referenced limitations.

On March 20, 1998, the Department issued Annex 1 to the HEU

Procedures to clarify certain requirements detailed in the HEU

Procedures. On July 6, 1998, the Department provided public

notification of the HEU Procedures and Annex 1 to the HEU Procedures

(see 63 FR 36391 (July 6, 1998)). On July 23, 1998, the Department

issued a proposed Annex 2 to the HEU Procedures regarding re-

importation requirements and requested public comment on Annex 2. The

Department received comments from eight parties.

On October 8, 1998, in accordance with Section F of the January 7,

1998, HEU Procedures, the Department requested comments from parties on

necessary or desirable changes to the HEU Procedures (see 63 FR 54108

(October 8, 1998)). The Department received comments from eight parties

regarding the HEU Procedures. After careful review of the comments, and

after consultations with various parties, the Department determined

that revision and clarification of the HEU Procedures were warranted.

On March 26, 1999, the Department provided public notification of the

draft revised HEU Procedures and invited parties to provide comments

(see 64 FR 14697 (March 26, 1999)).

Because the Department made substantive changes, in part as a

result of parties' comments, the Department determined on May 7, 1999,

that an additional opportunity to comment on the draft revised HEU

Procedures was appropriate (see 64 FR 25867 (May 13, 1999)). The

Department received comments from eleven parties. After careful review

of these comments and consultations with various parties, the

Department has made further revisions to the draft HEU Procedures. The

Department hereby provides public notification of the final Procedures

for Delivery of HEU Natural Uranium Component in the United States, the

text of which follows in the Annex to this notice. These final HEU

Procedures replace all prior versions of the HEU Procedures, including

any annexes, as detailed above in the ``Background'' section of this

notice.

Dated: July 26, 1999.

Robert S. LaRussa,

Assistant Secretary for Import Administration.

Annex--Procedures for Delivery of HEU Natural Uranium Component in

the United States

The United States Enrichment Corporation Privatization Legislation,

42 U.S.C. 2297h, et seq. (``USEC Privatization Act''), directs the

Secretary of Commerce to administer and enforce Russian-origin uranium

limitations set forth in 42 U.S.C. 2297h-10(b). Accordingly, the U.S.

Department of Commerce (``Department'') is implementing 42 U.S.C.

2297h-10(b) of the USEC Privatization Act by issuing these revised

Highly-Enriched Uranium (``HEU'') Procedures. The authority to

implement the HEU Procedures does not derive from the Tariff Act of

1930, as amended. Therefore, these revised HEU Procedures are not

subject to the Agreement Suspending the

[[Page 42926]]

Antidumping Investigation on Uranium from the Russian Federation

(``Russian Suspension Agreement''), 57 FR 79235 (October 30, 1992), as

amended.

A. Coverage

The uranium covered by the revised HEU Procedures is the

U3O8 or U3O8 equivalent

contained in the UF6 component of the low-enriched uranium

derived from the HEU taken from dismantled nuclear warheads, deemed

under United States law for all purposes to be of Russian origin, and

delivered to the Russian Executive Agent pursuant to 42 U.S.C. 2297h-

10(b) of the USEC Privatization Act (``HEU Natural Uranium

Component'').

B. Definitions

The following definitions apply to the terms of the HEU Procedures,

including all Attachments thereto, and any documentation submitted to,

or released by, the Department in connection with deliveries of HEU

Natural Uranium Component.

1. Account Administrator--means the party that administers an

account into which the Russian Executive Agent or a Designated Agent

takes delivery of, and provides account balance information for, the

HEU Natural Uranium Component prior to its sale pursuant to the USEC

Privatization Act.

2. Annual Maximum Deliveries--means the delivery limitations to

End-Users as set forth at 42 U.S.C. 2297h-10(b)(5):

Annual Maximum Deliveries to End-Users

------------------------------------------------------------------------

Millions

Year lbs. U3O8

equivalent

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1998........................................................ 2

1999........................................................ 4

2000........................................................ 6

2001........................................................ 8

2002........................................................ 10

2003........................................................ 12

2004........................................................ 14

2005........................................................ 16

2006........................................................ 17

2007........................................................ 18

2008........................................................ 19

2009 and each year thereafter............................... 20

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3. Consumption--means for use as nuclear fuel.

4. Delivery--means the physical or book transfer of the HEU Natural

Uranium Component to the account of an End-User in the United States.

5. Designated Agent--means any party that has been authorized by

the Ministry of Atomic Energy of the Russian Federation (``MINATOM'')

to sell the HEU Natural Uranium Component.

6. Designated Agent's Account--means the account held in the name

of the Designated Agent, or its wholly-owned subsidiary, into which

only the HEU Natural Uranium Component is delivered pursuant to the

USEC Privatization Act.

7. End-User--means an entity that purchases natural uranium for

consumption in a nuclear reactor in the United States, owned or

operated by itself or a parent, subsidiary, or other entity under

common ownership or control.

8. Executive Agent--means either the United States or Russian

Federation executive agent with the authority to implement the

Agreement Between the Government of the United States of America and

the Government of the Russian Federation Concerning the Disposition of

Highly Enriched Uranium Extracted from Nuclear Weapons, dated February

19, 1993 (``HEU Agreement'').

9. Secretary--means the Secretary of Commerce or a designee. The

Secretary has responsibility for the administration and enforcement of

the limitations set forth in 42 U.S.C. Sec. 2297h-10(b).

10. U3O8 to UF6 Conversion--1 KgU

in UF6 = 2.61283 lbs. U3O8e.

11. Verification--The process by which the Department examines the

records of the party that provided the information being examined, and

interviews company personnel who prepared such information and who are

familiar with the sources of the data in the information, in order to

establish the adequacy and accuracy of submitted information.

12. Importer of Record--means the person by whom, or for whose

account, HEU Natural Uranium Component is imported.

13. Resale Party--means a seller of HEU Natural Uranium Component

pursuant to Paragraph G.2.

C. Record Procedures and Commercial Confidentiality

1. Public Record and Access

a. HEU Record: A separate record for documents and information

generated under the HEU Procedures shall be created under the

identifying title ``HEU File'' and maintained in the Central Records

Unit.

b. Central Records Unit: Import Administration's Central Records

Unit is located at B-099, U.S. Department of Commerce, Pennsylvania

Avenue and 14th Street, NW, Washington, DC 20230. The office hours of

the Central Records Unit are between 8:30 A.M. and 5:00 P.M. on

business days.

c. The Central Records Unit is responsible for maintaining a public

and an official record for the HEU File. The public record will consist

of all material contained in the official record that the Secretary

determines is subject to release under the Freedom of Information Act

(``FOIA''), 5 U.S.C. 552, et seq. (1998), and disclosed to the general

public in the Central Records Unit. The Secretary will charge an

appropriate fee for providing copies of documents. The official record

will contain the foregoing information and information for which the

submitter has claimed an exemption to release under FOIA. To the extent

permitted by law, such official record will be accessible only to

authorized government officials.

d. FOIA Release and Treatment of Commercial and Financial

Information: Documents submitted to the Department are subject to

release under FOIA, unless a party claims protection from release under

a FOIA exemption. In order to claim protection from release, a party

must specify the information which the party seeks to protect from

release, provide an explanation as to why it should be protected, and

bracket such information. See section 4.7 of the Department's FOIA

regulations, set forth in 15 CFR Part 4 (1998). A party making a

submission may not claim its own identity as protected from release

under FOIA. Although the party making the submission is responsible for

seeking protection from release under FOIA for any third-party

information in its submission, and for identifying such information,

the Department will endeavor to protect price, quantity, and customer

identity information from release under all FOIA requests for the life

of the HEU Agreement to the extent allowed under the FOIA statute. The

party submitting such documentation may provide a releaseable public

version along with the non-releaseable version. Further information on

FOIA may be accessed at http://www.usdoj.gov/foia.

e. Interim Record: The Department will create the public record of

the HEU File. Within 90 days from publication of the final revised HEU

Procedures, the Department will return to parties any contracts and

related contractual information submitted pursuant to the January 7,

1998, HEU Procedures and will notify parties who submitted additional

information to the Department, pursuant to the January 7, 1998, HEU

Procedures, of the opportunity to claim that documents are exempt from

release under FOIA. The Department will also transfer other

documentation relating to the HEU Procedures from the records of the

[[Page 42927]]

Russian Suspension Agreement (A-821-802) to the HEU File.

2. Record Submission Instructions

a. Where to file: For the Department to consider a submission to

the record, persons must address and submit all documents to: The

Secretary of Commerce, Attention: Import Administration, Central

Records Unit, Room 1870, U.S. Department of Commerce, 14th Street and

Constitution Avenue, NW, Washington, DC 20230. Submissions may be made

between 8:30 A.M. and 5:00 P.M. on business days. Courtesy copies

addressed to the appropriate employee, and designating the employee's

mail stop room number, may be delivered to Room 1874 (Courier Delivery

Entrance).

b. Required Header Information: Any submission made to the HEU File

must contain the following information in the upper right hand corner

of the document in the order presented below: HEU File, Number of

Pages, Fully Releaseable under FOIA, or, Not Fully Releaseable under

FOIA, Attn: Uranium Program, Room 7866.

c. Number of Copies: Each submission to the Department must be

accompanied by three copies of the submission. Where claim of exemption

from release under FOIA is made, the specific portion(s) of the

submission for which exemption is claimed must be clearly identified

when the submission is made. Upon receipt, the Central Records Unit

will stamp the official date of filing on the submission.

D. Allocation of Annual Maximum Deliveries to Designated Agents

The Department recognizes that MINATOM may allocate the Annual

Maximum Deliveries of HEU Natural Uranium Component among any

Designated Agent(s) which it authorizes to sell the HEU Natural Uranium

Component. For each Designated Agent receiving a delivery allocation,

MINATOM will issue a certificate identifying such Designated Agent, the

duration of time for which the allocation is valid, and the maximum

annual amount to be delivered under that certificate. The

certificate(s) will also contain a statement that the material to be

delivered to the Designated Agent(s) may be sold in the United States

in accordance with 42 U.S.C. 2297h-10(b). No such certificate shall be

valid and effective until such time as the Department receives a copy

of such certificate. The cumulative quantities authorized by all such

certificates for each year may not exceed the Annual Maximum Deliveries

for such year.

E. Re-Allocation

Annual deliveries allocated to a Designated Agent may be re-

allocated to any other Designated Agent or to MINATOM within the same

annual period subject to the Annual Maximum Deliveries, provided that

MINATOM submits to the Department a copy of the amended and/or

terminated certificate(s) from which the annual delivery allocation is

to be withdrawn and a copy of the new certificate(s) re-allocating the

annual delivery allocation.

F. Delivery Forfeit and Flexibility

On December 31 of each year, any portion of the Annual Maximum

Deliveries not delivered that year will be forfeited. In the unlikely

event that there are transfer, transportation, or other difficulties

beyond the control of the Designated Agent, the Department may provide

for a 30-day grace period to complete the delivery. The Department must

be notified in writing of a request for a 30-day grace period,

detailing the reasons for the delivery delay.

G. Swaps, Exchanges, Loans, or Resales of Material

1. Swaps, Exchanges or Loans: Swaps, exchanges or loans of HEU

Natural Uranium Component may be conducted solely for the purpose of

facilitating delivery, further processing and end-use as nuclear fuel.

Notification of such permitted swaps, exchanges or loans is required to

be provided to the Department at the time of the transactions, in the

format set forth in Attachment One; however, no prior approval by the

Department is required to proceed.1 Examples of such

permitted swaps, exchanges or loans are those designed to avoid

transportation costs. The Department considers swaps, exchanges or

loans that will result in sales for consumption in the United States,

directly or indirectly, in excess of the Annual Maximum Deliveries to

be circumvention. Swaps, exchanges or loans are subject to verification

by the Department at any time and at its discretion.

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\1\ Parties need not report as a swap or exchange hereunder a

routine adjustment in nuclear material accounting documentation

which is intended only to account for the delivery by an End-User,

in the normal course of a processing transaction, of HEU Natural

Uranium Component to be used in the production of a processed

uranium product where: (i) prior to delivery of the HEU Natural

Uranium Component, the processor produced the product using natural

uranium other than the End-User's natural uranium to fulfill the

contractual processing obligation to such End-User and delivered it

to a downstream processor; (ii) the adjustment is intended only to

ascribe the HEU Natural Uranium Component to the product delivered

to the downstream processor and to return to the upstream processor

natural uranium of the origin used to produce the product; and (iii)

no monetary or other consideration is paid or given for the exchange

of origins affected by the adjustment.

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2. Resales:

a. The Department will permit parties to resell the HEU Natural

Uranium Component. If the HEU Natural Uranium Component is resold, the

End-User (or any other entity) making the resale must notify the

Department of the date of the resale, the entity to whom it was sold,

and the volume resold, in the format provided in Attachment One;

however, no prior approval by the Department is required to proceed.

b. If an End-User resells the HEU Natural Uranium Component to any

party other than another End-User, the material must be held in a

separate account and quarterly reports on the account balance, in the

format provided in Attachment Two, are required from the purchaser of

the resold material.

c. An End-User may purchase HEU Natural Uranium Component on resale

only from another End-User or an entity utilizing a separate account

and providing quarterly reports to the Department as noted in Paragraph

G.2.b above.

d. Resales remain subject to the requirements of 42 U.S.C. 2297h-

10(b) of the USEC Privatization Act, these HEU Procedures, and are also

subject to verification by the Department at any time and at its

discretion. Resold material will not be subject to the Annual Maximum

Deliveries in the year in which it is resold.

H. Post-Delivery Notification

For all deliveries of HEU Natural Uranium Component, Designated

Agents must submit to the Department, within ten (10) days of receipt,

copies of all delivery confirmations provided to the Designated Agents

from the appropriate Account Administrator. Such confirmations must

contain the identity of the account holders from and to which the

material was transferred, the quantity transferred, and the date of

delivery.

I. Quarterly Reports

1. Designated Agents

Designated Agents must submit for the HEU File quarterly reports

and certifications detailing all activity relating to the movement of

HEU Natural Uranium Component into and out of their respective

accounts, in the format set forth in Attachment Two. These reports must

be submitted on May 1, August 1, November 1, and February 1 of each

year for the quarters

[[Page 42928]]

ending March 31, June 30, September 30, and December 31, respectively.

2. Account Administrators

Account Administrators must submit quarterly reports regarding the

accounts holding the HEU Natural Uranium Component, in the format set

forth in Attachment Three. These reports must be submitted on May 1,

August 1, November 1, and February 1 of each year for the quarters

ending March 31, June 30, September 30, and December 31, respectively.

J. Verification

The Department reserves the right to verify any information

submitted to the Department relating to deliveries under the USEC

Privatization Act. Furthermore, the Department may restrict future

deliveries from any account in which the reported activity is found to

be in violation of these HEU Procedures and/or the Annual Maximum

Deliveries if such violations are not rectified to the satisfaction of

the Department and MINATOM.

K. Consultations

Upon request, MINATOM and the Department will hold consultations

subsequent to the filing of the quarterly reports due February 1 of

each year for the purpose of exchanging/reviewing all data pertaining

to deliveries of HEU Natural Uranium Component under these revised HEU

Procedures during the previous year. Consultations may be held at other

times as necessary.

L. Importation/Re-Importation Requirements 2

1. HEU Natural Uranium Component exported from the United States

for further processing and subsequently re-imported:

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\2\ The certifications required under this Paragraph are

independent of the general importer certification requirements of

the agreements suspending the antidumping investigations on uranium,

as amended (``the Agreements''). Certification number three on

Attachment Four (page two) and certifications numbers two and four

on Attachment Five (page two) will continue to be required only to

the extent they are applicable. At such time when the Agreements are

no longer in existence, the certifications under this Paragraph will

be amended to reflect the absence of the Agreements.

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The End-User, or its agent, or the importer of record must submit a

notification letter and certifications as set forth in Attachment Four.

2. HEU Natural Uranium Component sold for delivery outside the

territory of the United States to an End-User and subsequently imported

to be consumed by an End-User in accordance with Annual Maximum

Deliveries:

The End-User or its agent must submit a notification letter and

certifications as set forth in Attachment Four.

3. HEU Natural Uranium Component sold for consumption outside the

United States to be imported into the United States for further

processing and exportation:

The entity or importer of record must provide the information set

forth in Attachment Five. In addition, the owner, or the importer of

record, of this material must certify to the Department that the

material will not be used in (and was not obtained under) any

arrangement, swap, exchange, or other transaction designed to

circumvent any of the Agreements while in the United States and that

the owner, or the importer of record, will not circumvent (and has not

circumvented) the Annual Maximum Deliveries. The owner, or the importer

of record, must also provide the Department with the expected quantity

(U3O8 equivalent, less any processing losses)

that will be exported from the United States. There will be no time or

quantity limitations on the import of HEU Natural Uranium Component

under this provision.

4. In all cases noted above, the owner of the HEU Natural Uranium

Component or its agent must provide the Department with the required

information ten (10) days prior to its expected entry into the United

States. Within ten (10) days of receipt of the required information,

the Department will provide to the United States Customs Service the

appropriate instructions to clear the imports. The Department will

notify the importer of record of the issuance of such instructions.

M. Enforcement

If the Department finds that a Designated Agent has directly or

indirectly exceeded its delivery allocation, the Department will

require the Account Administrator or the appropriate entity to withhold

any further release of HEU Natural Uranium Component from the

Designated Agent's Account, until the issue has been satisfactorily

resolved among the Department, MINATOM, and the relevant Designated

Agent. The Department will notify both the Account Administrator and

the affected Designated Agent in writing of its enforcement action.

N. Future Revisions

Any future changes to these HEU Procedures will be made only with

public notice in the Federal Register and an opportunity for interested

party comment.

O. Revised Uranium Import Certification

All uranium importers, regardless of declared country of origin,

must continue to submit to the U.S. Customs Service upon importation

the certification in the format set forth in Attachment Six, unless

said importer is submitting certification information set forth in

Attachments 4 or 5.

ATTACHMENT ONE

Swaps, Exchanges, Loans, and Resales Notification Format

For each swap, exchange, loan, or resale under a provision of the

HEU Procedures, provide the following information to the Department:

1. The quantity and origin(s) of the material.

2. The location(s) of the transaction.

3. The parties involved in the transaction.

4. The purpose of the transaction.

5. The date of the swap, exchange, loan or resale.

ATTACHMENT TWO 3

Designated Agent or Resale Party Quarterly Report Form

Quarterly Delivery Report for (INSERT DATES AND DESIGNATED AGENT OR

RESALE PARTY) HEU Natural Uranium Component

Beginning Balance (in U3O8 equivalent):

____________________

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Quantity (in UF6 and U3O8 Transaction

Transaction date Delivered from Delivered to equivalent) description Comments

--------------------------------------------------------------------------------------------------------------------------------------------------------

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[[Page 42929]]

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Ending Balance (in U3O8 equivalent):

____________________

(DESIGNATED AGENT OR RESALE PARTY) certifies that it holds an HEU

Natural Uranium Component account at (STATE NAME OF ENTITY(IES)) and

that all HEU Natural Uranium Component transferred from or into this

(these) account(s) during calendar quarter (INDICATE DATES) has been

transferred for one of the following reasons: (1) for use under an

approved matched sale under 42 U.S.C. Sec. 2297h-10(b) of the USEC

Privatization Act and Article IV of the Agreement Suspending the

Antidumping Investigation on Uranium from the Russian Federation, as

amended; (2) for use in overfeeding in U.S. enrichment facilities

pursuant to 42 U.S.C. Sec. 2297h-10(b)(7); (3) for delivery to an End-

User, within the Annual Maximum Deliveries set forth in the USEC

Privatization Act, at 42 U.S.C. Sec. 2297h-10(b)(5); (4) for export out

of the United States; (5) for further processing on behalf of (NAME OF

ENTITY); or (6) for resale to (NAME OF ENTITY).

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\3\ The Department will amend this certification to reflect

changes, if any, in the existence of the Agreement Suspending the

Antidumping Investigation on Uranium from the Russian Federation, as

amended.

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(DESIGNATED AGENT OR RESALE PARTY) further certifies that, for the

time period during which the material was in its possession or control,

none of the HEU Natural Uranium Component transferred from or into the

account(s) during the calendar quarter (INDICATE DATES) has been

loaned, swapped, exchanged or used in any arrangement that directly or

indirectly circumvents the limitations set forth in 42 U.S.C.

Sec. 2297h-10(b) of the USEC Privatization Act, the Agreement

Suspending the Antidumping Investigation on Uranium from the Russian

Federation, as amended, or the Procedures for Delivery of HEU Natural

Uranium Component in the United States, as revised.

Signature:

Printed Name:

Title:

ATTACHMENT THREE

Account Administrator Quarterly Report Form

Quarterly Report for (INSERT DATES AND ACCOUNT ADMINISTRATOR) HEU

Natural Uranium Component

Beginning Balance (in U3O8 equivalent):

____________________

--------------------------------------------------------------------------------------------------------------------------------------------------------

Quantity (in UF6 and U3O8 Transaction

Transaction date Delivered from Delivered to equivalent) description Comments

--------------------------------------------------------------------------------------------------------------------------------------------------------

--------------------------------------------------------------------------------------------------------------------------------------------------------

--------------------------------------------------------------------------------------------------------------------------------------------------------

--------------------------------------------------------------------------------------------------------------------------------------------------------

Ending Balance (in U3O8 equivalent):

____________________

(ACCOUNT ADMINISTRATOR) certifies that to the best of its

knowledge, the foregoing information is true and correct.

Signature:

Printed Name:

Title:

ATTACHMENT FOUR (page one)

Importation/Re-Importation Notification Form and Certifications

TOPIC: Importation/Re-Importation of Uranium Under 42 U.S.C. 2297h-

10(b) of the USEC Privatization Act

Pursuant to Paragraph L of the Procedures for Delivery of HEU

Natural Uranium Component in the United States, as revised, we hereby

submit information describing the importation or re-importation of

Russian origin uranium subject to the limitations set forth in the USEC

Privatization Act, at 42 U.S.C. 2297h-10(b):

Export (if Applicable)

1. Quantity of HEU Natural Uranium Component Exported

(U3O8 equivalent) out of U.S.:

2. Date of Export out of U.S. (if available):

Importation/Re-Importation

1. (NUMBER) lbs. of U3O8 equivalent contained

in (NUMBER) KgU with enrichment assay (NUMBER) wt % and tails assay

(NUMBER) wt %, if applicable:

2. Port of Importation/Re-Importation:

3. Importer of Record:

4. Planned Date of Importation/Re-Importation:

5. End User:

6. Vessel/Airline Name:

Also, please find attached the importer of record declaration

regarding country of origin, anti-circumvention and qualification of

this material under 42 U.S.C. 2297h-10(b) of the USEC Privatization

Act. We also agree to verification of this information if requested.

Signature:

Printed Name:

Title:

ATTACHMENT FOUR (page two)

Importation/Re-Importation Notification Form and Certifications

CERTIFICATIONS TO U.S. CUSTOMS SERVICE

A. (END-USER or IMPORTER OF RECORD) hereby certifies that the HEU

Natural Uranium Component of the uranium being imported into the United

States is derived from Russian highly enriched uranium pursuant to the

Agreement Between the Government of the United States of America and

the Government of the Russian Federation Concerning the Disposition of

Highly Enriched Uranium Extracted from Nuclear Weapons. The uranium

being imported was converted in (INSERT COUNTRY), enriched in (INSERT

COUNTRY) and/or fabricated in (INSERT COUNTRY).

B. (END-USER or IMPORTER OF RECORD) hereby certifies that the

material being imported was not obtained under any arrangement, swap,

exchange, or other transaction designed

[[Page 42930]]

to circumvent the limitations set forth in 42 U.S.C. 2297h-10(b) of the

USEC Privatization Act, 42 U.S.C. 2297h, et seq., and the Procedures

for Delivery of HEU Natural Uranium Component in the United States, as

revised.

C. (END-USER or IMPORTER OF RECORD) hereby certifies that the

material being imported was not obtained under any arrangement, swap,

exchange, or other transaction designed to circumvent any of the

agreements suspending the antidumping investigations on uranium, as

amended.

D. (END-USER or IMPORTER OF RECORD) hereby certifies that the

uranium being imported into the United States is in compliance with 42

U.S.C. 2297h-10(b) of the USEC Privatization Act, 42 U.S.C. 2297h, et

seq. The material being imported represents (NUMBER) lbs.

U3O8 equivalent of (NUMBER) lbs.

U3O8 equivalent exported for further processing

on (DATE) or delivered to an End-User outside the United States.

Signature:

Printed Name:

Title:

ATTACHMENT FIVE (page one)

Importation Notification Form and Certifications

TOPIC: Importation of Uranium Under 42 U.S.C. 2297h-10(b) of the USEC

Privatization Act--Consumption Outside the United States

Pursuant to Section L of the Procedures for Delivery of HEU Natural

Uranium Component in the United States, as revised, we hereby submit

information describing our scheduled importation of Russian origin

uranium into the United States for subsequent export:

1. Scheduled Date of Importation:

2. (NUMBER) lbs. of U3O8 in (NUMBER) KgU with

enrichment assay (NUMBER) wt % and tails assay (NUMBER) wt % (if

applicable):

3. Port of Importation:

4. Importer of Record:

5. Vessel/Airline:

6. Parties Providing Further Processing and/or storage:

7. Anticipated Date of Export out of U.S. (if available):

8. Non-U.S. End-User:

Also, please find attached the importer of record declaration

regarding country of origin, anticircumvention, and qualification of

the material under 42 U.S.C. 2297h-10(b) of the USEC Privatization Act.

We also agree to verification of this information if requested.

Signature:

Printed Name:

Title:

ATTACHMENT FIVE (page two)

Importation Notification Form and Certifications

CERTIFICATIONS TO U.S. CUSTOMS SERVICE

1. (OWNER or IMPORTER OF RECORD) hereby certifies that the HEU

Natural Uranium Component of the uranium being imported into the United

States is derived from Russian highly enriched uranium pursuant to the

Agreement Between the Government of the United States of America and

the Government of the Russian Federation Concerning the Disposition of

Highly Enriched Uranium Extracted from Nuclear Weapons. The uranium

being imported was converted in (INSERT COUNTRY), and/or enriched in

(INSERT COUNTRY), and/or fabricated in (INSERT COUNTRY) and is not

intended for consumption in the United States.

2. (OWNER or IMPORTER OF RECORD) hereby certifies that the material

being imported was not obtained under any arrangement, swap, exchange,

or other transaction designed to circumvent any of the agreements

suspending the antidumping investigations on uranium, as amended.

3. (OWNER or IMPORTER OF RECORD) hereby certifies that the material

being imported was not obtained under any arrangement, swap, exchange,

or other transaction designed to circumvent the limitations set forth

in 42 U.S.C. 2297h-10(b) of the USEC Privatization Act, 42 U.S.C.

2297h, et seq., and the Procedures for Delivery of HEU Natural Uranium

Component in the United States, as revised.

4. (OWNER or IMPORTER OF RECORD) hereby further certifies that the

material being imported will not be used in any arrangement, swap,

exchange, or other transaction designed to circumvent any of the

agreements suspending the antidumping investigations on uranium, as

amended.

5. (OWNER or IMPORTER OF RECORD) hereby further certifies that the

material being imported will not be used in any arrangement, swap,

exchange, or other transaction designed to circumvent the limitations

set forth in 42 U.S.C. 2297h-10(b) of the USEC Privatization Act, 42

U.S.C. 2297h, et seq. and the Procedures for Delivery of HEU Natural

Uranium Component in the United States, as revised.

Signature:

Printed Name:

Title:

ATTACHMENT SIX

Certification For All Other Uranium Importers

CERTIFICATION TO U.S. CUSTOMS SERVICE

1. (OWNER or IMPORTER OF RECORD) hereby certifies that the material

being imported was not obtained under any arrangement, swap, exchange,

or other transaction designed to circumvent any of the agreements

suspending the antidumping investigations on uranium, as amended, or

the limitations set forth in 42 U.S.C. 2297h-10(b) of the USEC

Privatization Act, 42 U.S.C. 2297h, et seq., and the Procedures for

Delivery of HEU Natural Uranium Component in the United States, as

revised (FR Cite).4

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\4\ Please insert into the certification the citation of this

Federal Register notice.

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Signature:

Printed Name:

Title:

[FR Doc. 99-20339 Filed 8-5-99; 8:45 am]

BILLING CODE 3510-DS-P