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 of draft revision of the procedures for delivery of HEU

natural uranium component in the United States, and request for

comments.

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SUMMARY: The Department of Commerce is announcing draft revised

procedures for the delivery of HEU material pursuant to the USEC

Privatization Act.

EFFECTIVE DATE: March 26, 1999.

FOR FURTHER INFORMATION CONTACT: James C. Doyle, Karla Whalen, or

Juanita H. Chen, Enforcement Group III, Import Administration,

International Trade Administration, U.S. Department of Commerce, 14th

Street & 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)(5) 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. The purpose of issuing Procedures for

Delivery of HEU Natural Uranium Component in the United States (``HEU

Procedures'') is to enhance the predictability and transparency of the

administration and enforcement of the above-referenced delivery

limitations.

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. Comments were received from eight parties.

In accordance with Section F of the HEU Procedures, on October 8,

1998, the Department requested comments on necessary or desirable

changes to the HEU Procedures from parties (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 has determined that

revision and clarification of the HEU Procedures are warranted. Revised

HEU Procedures are set forth below.

The Department hereby invites parties to provide comment on these

draft

[[Page 14698]]

revised Procedures for delivery of HEU Natural Uranium Component in the

United States, as set forth below. All such comments must be submitted

to the Department no later than ten days after the date of publication

of this notice. Comments should be addressed and submitted to: Import

Administration, Central Records Unit, Room 1870, U.S. Department of

Commerce, 14th Street and Constitution Avenue, N.W., Washington, DC

20230, Attention: Roland L. MacDonald--Room 7866.

The Department intends to issue final revised Procedures for

delivery of HEU Natural Uranium Component in the United States no later

than 20 days after the date of publication of this notice.

Dated: March 18, 1999.

Robert S. LaRussa,

Assistant Secretary, Enforcement Group III.

Draft Revised Procedures for Delivery of HEU Natural Uranium

Component in the United States

The United States Enrichment Corporation Privatization Legislation,

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

Secretary of Commerce to administer and enforce Russian origin uranium

delivery limitations set forth in 42 U.S.C. Sec. 2297h-10(b)(5).

Accordingly, the U.S. Department of Commerce (``Department'') is

implementing Sec. 2297h-10 of the USEC Privatization Act by issuing

these revised 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 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 these revised HEU Procedures consists of

uranium hexafluoride derived from 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 the USEC Privatization Act (``HEU Natural Uranium Component'').

B. Definitions

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

account into which the Russian Executive Agent or 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 as set

forth at 42 U.S.C. Sec. 2297h-10(b)(5):

Annual Maximum Deliveries to End-Users for Consumption

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

(Millions

Year lbs. U3O8

equivalent)

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

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

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

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

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

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

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

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

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

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

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

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

2009....................................................... 20

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

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

4. 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.

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

of the Designated Agent, into which only the HEU Natural Uranium

Component is delivered prior to its transfer pursuant to the USEC

Privatization Act.

6. End-User--means a utility that consumes the HEU Natural Uranium

Component for energy production.

7. Executive Agent--means 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.

8. 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. 2297h-10(b)(5).

9. U3O8 to UF6 Conversion--based

on a tails assay of 0.30 U235, 1 KgU in UF6 =

2.61283 lbs. U3O8.

10. 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.

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, N.W., 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 information for which the submitter has claimed an

exemption to release under FOIA. Such record will be accessible only to

authorized Commerce Department employees.

d. FOIA Release and Treatment of Commercial Information: Documents

submitted to the Department are fully releasable under FOIA, unless a

party claims protection from release under a listed exemption. A party

making a submission may not claim its own identity as protected from

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

must specify the appropriate exemption applicable to the information

which the party seeks to protect from release, and bracket such

information. See Sec. 4.7 of the Department's FOIA regulations, set

forth in 15 C.F.R. Part 4 (1998). If the information in the submission

is protected from release under an exemption to FOIA, the party

submitting such documentation is to provide a releasable public version

along with the non-releasable version. Further information on FOIA may

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

e. Internet Access to Quarterly Quota Usage: The Department will

set up and update quarterly a web-page which will allow the public to

access updates on the Annual Maximum Deliveries quota usage. This

information will be accessible at http://www.ita.doc.gov .

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

the HEU

[[Page 14699]]

File within 90 days from publication of the final revised HEU

Procedures. During this time the Department will allow parties that

have already submitted information to the Department, pursuant to the

January 7, 1998 HEU Procedures, the opportunity to claim documents are

exempt from release under FOIA and to create releasable versions of

said documents. The Department will also transfer any documentation

relating to the HEU Procedures from the record for the Russian

Suspension Agreement (A-821-802) to the HEU File, or will return such

documentation to the submitter, as appropriate.

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, N.W., Washington, DC 20230. Submissions may be

made between 8:30 AM and 5:00 PM on business days. Courtesy copies

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

room number, may be delivered to Room 1874. Contract submitters are

requested to notify the Department at 202-482-3793 when a contract has

been submitted for approval.

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

Public Document, or,

Business Proprietary Document (Public or Proprietary Version)

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, two public and three proprietary

versions should be submitted to the Department. Upon receipt, the

Central Records Unit will stamp the official date of filing on the

submission.

D. Allocation of Annual Maximum Deliveries to End-Users

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 is to be sold in the United States

for consumption. MINATOM will provide a copy of all such certificates

to the Department within 10 days of issuance. The cumulative amount of

the maximum deliveries authorized by such certificates each year may

not exceed the Annual Maximum Deliveries.

E. Contract Monitoring and Approval

1. All Designated Agents must submit for approval all contracts

related to the sale of the HEU Natural Uranium Component in the United

States, regardless of the point of delivery. The following five items

are required for contract approval:

a. A certificate as provided for in Section D confirming that the

Designated Agent has been allowed sufficient amounts for deliveries by

MINATOM to fulfill its obligations under the submitted contract;

b. A schedule of deliveries indicating the date(s) of deliveries,

amount, and site of each delivery. The Department will compare this

information to the sum of the previously approved contracts to ensure

that the Designated Agent delivery allocation and/or the Annual Maximum

Deliveries are not exceeded;

c. A statement in the contract that the material to be sold is of

Russian origin;

d. A statement in the contract that the sale is for delivery to an

End-User for consumption; and,

e. A certification from the Designated Agent that the deliveries

pursuant to the contract submitted for approval, when combined with

deliveries pursuant to other approved contracts entered into by that

Designated Agent, do not (and will not) exceed that Designated Agent's

delivery allocation for any given annual period. See Section E.2.a.,

below. In addition, each Designated Agent shall certify to the

Department that such Designated Agent's sales of HEU Natural Uranium

Component are for consumption and do not circumvent, directly or

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

USEC Privatization Act and the revised Procedures set forth in this

document. See Section E.2.b., below.

2. Required Language for Contract Approval Certifications.

a. (DESIGNATED AGENT) certifies that the total annual deliveries

under the contract between (SELLER) and (PURCHASER), contract number

(INSERT #), and executed on (INSERT DATE), when added to annual

delivery quantities of other contracts approved in accordance with the

HEU Procedures for Delivery of HEU Natural Uranium Component in the

United States, as revised, will not exceed the maximum annual delivery

quantity allocated to (DESIGNATED AGENT) by (MINATOM) for any given

year, or the annual maximum delivery quantity(ies) established in 42

U.S.C. Sec. 2297h-10(b)(5) of the USEC Privatization Act for the

approved year(s) in which deliveries under this contract are to be

made.

b. (DESIGNATED AGENT) further certifies that the sale of the HEU

Natural Uranium Component is for consumption and does not circumvent,

directly or indirectly, the limitations set forth in 42 U.S.C.

Sec. 2297h-10(b)(5) of the USEC Privatization Act or the Procedures for

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

revised.

3. Approval Notification.

The Department will notify the submitter of the contract in writing

whether the contract has been approved within 10 business days of

complete contract submission to the Central Records Unit. In the

unlikely event that the Department fails to notify the submitter of the

contract of approval or denial within 10 business days, the contract

will be deemed approved. If an approved contract is subsequently

terminated as a result of force majeure, as defined in the relevant

contract, the Department will allow the affected Designated Agent to

replace current and future year deliveries pursuant to such contract

with a newly executed contract, subject to the approval process

outlined above, provided that the Designated Agent's delivery

allocation and the Annual Maximum Deliveries are not exceeded.

F. Re-allocation

1. 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 under the

following conditions:

a. The new contract is submitted to the Department no later than

December 21 of the year in which the delivery is to be made;

b. MINATOM provides the Department with a copy of the amended and/

or terminated certificate(s) from

[[Page 14700]]

which delivery allocation is to be withdrawn and a copy of the new

certificate(s) re-allocating such deliveries; and,

c. All new contracts entered into as a result of re-allocation must

be approved under Section E of these HEU Procedures.

2. If, in any given annual period, a Designated Agent delivers less

than the maximum amount deliverable under the approved contract(s),

such Designated Agent may re-direct the difference between its actual

deliveries during that year and the maximum deliverable amount approved

for that same year by entering into a new contract(s), provided that

the Designated Agent's total annual deliveries under all contracts do

not exceed that Designated Agent's delivery allocation or the Annual

Maximum Deliveries and provided that the following four conditions are

met:

a. The Department is notified of the Designated Agent's intention

to re-direct deliveries no later than December 21 of the applicable

annual period;

b. All re-directed deliveries are to be delivered in that same

year;

c. All new contracts entered into by Designated Agents resulting

from re-direction of deliveries must be approved under Section E of

these HEU Procedures; and,

d. The Designated Agent provides the Department with a copy of the

End-User's binding delivery notice.

G. Delivery Forfeit and Flexibility

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

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

unlikely event that there are transfer or transportation 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.

H. 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 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. The

Department is attaching the notification format as Attachment 1.

Examples of such permitted swaps are swaps 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, exceeding 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.

2. Resale: The Department will permit End-Users to resell the HEU

Natural Uranium Component. If the HEU Natural Uranium Component is

resold to an entity outside the United States, the End-User making the

resale must notify the Department of the date of the resale and the

volume to be resold. If the HEU Natural Uranium Component is to be

resold to an entity in the United States, the contract for the resale

is presented to the Department for approval. The contract must indicate

the date of delivery, amount, and site of delivery. The contract must

also contain a statement that the material to be sold is of Russian

origin. If the HEU Natural Uranium Component is resold to any party

other than an End-User, the material must be held in a separate account

and quarterly reports on the account balance similar to those attached

at Attachments 2 and 3, are required from the purchaser of the resold

material. The Department will notify the End-User making the resale

whether the contract has been approved within 10 business days of

complete contract submission to the Central Records Unit. Resales are

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

discretion.

I. Quarterly Reports

1. Designated Agents

Designated Agents must submit quarterly reports to the HEU File

that detail all activity relating to the movement of HEU Natural

Uranium Component into and out of their respective accounts. 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. The Designated Agent must also provide a public

summary of the report that details the movement of material in the

aggregate. The Department is attaching a sample quarterly report form

as Attachment 2. Designated Agents must also submit the following

certification with the quarterly reports:

a. (DESIGNATED AGENT) certifies that it holds an HEU Natural

Uranium Component account(s) 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 any of the following reasons: (1) for use under an

approved matched sale under 42 U.S.C. 2297h-10(b)(6) 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. 2297h-10(b)(7); (3) for delivery to a United

States End-User for consumption, within the Annual Maximum Deliveries

set forth in 42 U.S.C. 2297h-10(b)(5) 1; (4) for export out

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

OF ENTITY).

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\1\ Material which is exported to a non-United States entity may

not re-enter the United States for consumption, either directly or

indirectly, except when in compliance with these revised Procedures.

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b. (DESIGNATED AGENT) further certifies that none of the HEU

Natural Uranium Component transferred from or into this (these)

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. 2297h-

10(b)(5) 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.

2. Account Administrators

Account Administrators must submit quarterly reports regarding the

account holding the HEU Natural Uranium Component. 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. The Department is attaching a sample Account Administrator

form as Attachment 3.

J. Importer Certifications

The importer of record must certify the following to the United

States Customs Service and provide a copy of such certification to the

Department:

(IMPORTER NAME) 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,

any antidumping duty order(s) on uranium, or the delivery

limitations set forth in 42 U.S.C. 2297h-10(b)(5) of the USEC

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

Delivery of HEU

[[Page 14701]]

Natural Uranium Component in the United States, as revised.

K. Verification

The Department reserves the right to verify any information

submitted to the Department related to deliveries authorized under the

USEC Privatization Act and to restrict future deliveries from any

account in which the reported activity is found to be in violation of

these revised Procedures and/or the Annual Maximum Deliveries if such

violations are not rectified to the satisfaction of the Department and

MINATOM.

L. 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

Procedures during the previous year. Consultations may be held as

necessary at other times.

M. Re-importation

The Department has simplified the procedure for allowing the re-

importation of HEU Natural Uranium Component previously sold to an End-

User that has been exported from the United States for further

processing and subsequent re-importation into the United States. The

End-User or its agent, i.e. the importer of record, must submit a

notification letter and certifications, attached as Attachment 4.

N. Enforcement

If the Department finds that a Designated Agent has directly or

indirectly exceeded its delivery allocation and/or the Annual Maximum

Deliveries, 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.

Pursuant to its authority under 42 U.S.C. 2297h-10(b)(9) of the

USEC Privatization Act, the Department reserves the right to require

any additional certifications, information, or take any other action

necessary to enforce the Annual Maximum Deliveries provided for

therein.

Attachment 1--Swaps, Exchanges and Loans Notification Format

1. List the volume and origin of the material being swapped.

2. Indicate the location of the swap, exchange, and/or loan.

3. List the parties involved in the swap, exchange, and/or loan.

4. Indicate the purpose of the swap, exchange and/or loan.

Indicate whether there was any financial or other consideration

involved with the swap, exchange and/or loan.

Attachment 2--Designated Agent Quarterly Report Form

Quarterly Delivery Report for (INSERT DATES AND DESIGNATED AGENT)

HEU Natural Uranium Component

Beginning Balance (in U3O8 equivalent):

____________________

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

Quantity (in UF6 and Transaction

Transaction date Delivered from Delivered to U3O8 equivalent) description Comments

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

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

Ending Balance (in U3O8

equivalent):____________________

(DESIGNATED AGENT) 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 any of the following reasons: (1) for use under an

approved matched sale under 42 U.S.C. 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. 2297h-10(b)(7); (3) for delivery to a United

States End-User for consumption, within the Annual Maximum

Deliveries set forth in the USEC Privatization Act, at 42 U.S.C.

2297h-10(b)(5); (4) for export out of the United States; or (5) for

further processing on behalf of (NAME OF ENTITY).

(DESIGNATED AGENT) further certifies that 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. 2297h-

10(b)(5) 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.

Attachment 3--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 Transaction

Transaction date Delivered from Delivered to U3O8 equivalent) description Comments

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

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

Ending Balance (in U3O8 equivalent):

(ACCOUNT ADMINISTRATOR) certifies that it holds an HEU Natural

Uranium Component account(s) in the name(s) of (DESIGNATED

AGENT(S)), at (LOCATION), and that all HEU Natural Uranium Component

transferred from or into this (these) account(s) during calendar

quarter (INDICATE DATES) has been transferred for any of the

following reasons: (1) for use under an approved matched sale under

42 U.S.C. 2297h-10(b)(6) 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. 2297h-10(b)(7); (3) for

delivery to a United States End-User for consumption, within the

delivery limits of the USEC Privatization Act, at 42 U.S.C. 2297h-

10(b)(5) ; (4) for export out of the United States; or (5) for

further processing on behalf of (NAME OF ENTITY).

(ACCOUNT ADMINISTRATOR) further certifies that none of the HEU

Natural Uranium Component transferred from or into this (these)

account(s) during calendar

[[Page 14702]]

quarter (INDICATE DATES) has been loaned, swapped, exchanged or used

in any arrangement that directly or indirectly circumvents the

limitations set forth in the USEC Privatization Act, at 42 U.S.C.

2297h-10(b), 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.

Attachment 4 (Page One)--Re-importation Notification Form and

Certifications

TOPIC: Re-importation of Uranium under 42 U.S.C. 2297h-10(b)(5)

of the USEC Privatization Act.

Pursuant to Section M of the Procedures for Delivery of HEU

Natural Uranium Component in the United States, as revised, (``HEU

Procedures''), we hereby submit information describing the re-

importation of Russian origin uranium subject to the delivery

limitations set forth in the USEC Privatization Act, at 42 U.S.C.

2297h-10(b)(5), and in association with the contract between (NAME

OF COMPANY A) and (NAME OF COMPANY B) approved by the U.S.

Department of Commerce (``Department''), either by letter dated

(DATE) or deemed approved at the end of the ten business day

approval period referenced in Section E.3 of the HEU Procedures:

1. Quantity of Export (U3O8 equivalent) out of

U.S.:

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

3. (NUMBER) lbs. of U3O8 equivalent contained

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

(NUMBER) wt %:

4. Port of Re-Import:

5. Importer of Record:

6. Planned Date of Re-Import:

7. End User:

8. Vessel/Airline Name:

9. Amount of export listed in 1. and 2. that has been re-imported as

of date (including current re-import):

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. Further, we understand that, under 42 U.S.C. 2297h-10(b)(9) of

the USEC Privatization Act, the Department has the authority to

require additional information, if appropriate. We also agree to

verification of this information if requested.

Attachment 4 (Page Two)--Re-importation Notification Form and

Certifications

Certifications To U.S. Customs Service

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

HEU Natural Uranium Component of the uranium being re-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 re-imported was converted in

(INSERT COUNTRY), enriched in (INSERT COUNTRY) and/or fabricated in

(INSERT COUNTRY).

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

material being re-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, any antidumping duty order(s), or the delivery

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.

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

uranium being re-imported into the United States is approved for

United States end-use under 42 U.S.C. 2297h-10(b) of the USEC

Privatization Act, 42 U.S.C. 2297h, et seq., under contract between

(COMPANY) and (COMPANY) approved by the U.S. Department of Commerce,

either by letter dated (DATE) with contract reference number

(CONTRACT REFERENCE NUMBER) or deemed approved at the end of the ten

business day approval period referenced in Section E.3 of the HEU

Procedures. The material being re-imported represents (NUMBER) lbs.

U3O8 equivalent of (NUMBER) lbs.

U3O8 equivalent exported for further

processing on (DATE). Including this shipment, (NUMBER) lbs.

U3O8 equivalent of the material exported for

further processing has been re-imported.

Signature

Name:

Title:

[FR Doc. 99-7373 Filed 3-25-99; 8:45 am]

BILLING CODE 3510-DS-P