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Federal Register / Vol. 86, No. 145 / Monday, August 2, 2021 / Notices
Department and the U.S. International Trade Commission USITC affirm that many sources of imported uranium have
engaged in dumping and other anticompetitive practices to the detriment of U.S. producers. Figure 58 lists USITC

investigations into uranium imports since 1991:
U.S.S.R. Less Than Fair Value Sales
FIGURE 58: U.S. INTERNATIONAL TRADE COMMISSION URANIUM CASES SINCE 1991
Country
Date
Finding
Union of Soviet Socialist Republics U.S.S.R.
Russia, Belarus, Ukraine, Moldova, Georgia, Armenia, Azerbaijan, Kazakhstan, Kyrgyzstan, Uzbekistan, Tajikistan, Turkmenistan .
Tajikistan
Ukraine
Kazakhstan
Ukraine
Russia First Review of 1992 Determination
France, Germany, the Netherlands, and the United Kingdom
Russia Second Review of 1992 Determination
France First Review of 2002 Determination
Russia Third Review of 1992 Determination
Russia Fourth Review of 1992 Determination
France Third Review of 2002 Determination

December 23, 1991
June 3, 1992

Affirmative.
Affirmative.

July 8, 1993
July 8, 1993
July 13, 1999
August 22, 2000
August 22, 2000
February 4, 2002
August 2006
December 2007
February 2012
September 2017
November 2018

Negative.
Affirmative.
Negative.
Negative.
Affirmative.
Affirmative.
Affirmative.
Affirmative.
Affirmative.
Affirmative.
Negative.

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The cases determined on June 3, 1992 were a continuation of the December 23, 1991 anti-dumping case against the U.S.S.R. As the U.S.S.R. was dissolved December 25, 1991; the International Trade Commission opened cases against the twelve former Soviet republics.
Source: USITC.

In December 1991, the Department and the USITC determined that imports of uranium from the U.S.S.R., including natural and enriched uranium, were sold in the U.S. at less than fair value and threatened material injury to the U.S. uranium industry.139 Following the dissolution of the U.S.S.R. in the same month, the single investigation was then transformed into twelve separate investigations, which covered most former Soviet republics.140 In June 1992, the Department and USITC found that uranium imports from each of these republics were sold at less than fair value and threatened to materially injure U.S. producers. Subsequently, six of the republicsRussia, Kazakhstan, Kyrgyzstan, Tajikistan, Ukraine, and Uzbekistansigned agreements with the U.S. government to suspend the underlying antidumping duty investigations. These suspension agreements permitted the countries in question to import defined amounts of uranium into the United States, thereby avoiding the imposition of antidumping duty orders and the resulting duties.
After 1992, most of the antidumping duty orders and suspension agreements had been terminated pursuant to proceedings; the Department and USITC
determined that imports of uranium from most of the Soviet republics were not materially injuring, or threatening to 139 U.S. International Trade Commission.
Uranium from the U.S.S.R. Investigation No. 731
TA539 Preliminary. Washington, DC: 1991.
https www.usitc.gov/publications/701_731/
pub2471.pdf.
140 Uranium from Russia: Investigation No. 731
TA539C Fourth Review. USITC. September 2017.

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materially injure, U.S. industry. By 2000, only the agreement with Russia remained in force. In its 2000, 2006, 2012, and 2017 reviews of the Russian Suspension Agreement RSA, USITC
reaffirmed that imports of Russian uranium beyond the quantities permitted in the RSA would lead to a recurrence of material injury to the U.S. uranium industry.141
France, Germany, the Netherlands, and the United Kingdom In December 2000, United States Enrichment Corporation now Centrus Energy Corp. filed a petition with the Department and USITC concerning imports of low-enriched uranium LEU
from France, Germany, the Netherlands, and the United Kingdom. In February 2002, USITC concluded that LEU
imports from these countries were sold inside the U.S. at less than fair value and had a significant adverse impact on domestic U.S. LEU production.142
Commerce accordingly imposed countervailing duties on LEU imports from all of the above countries as well as anti-dumping duties on French imports.
Subsequent actions by the Department revoked all of the countervailing duties by May 2007. However, the antidumping duties on French LEU
remained in place. Further USITC
reviews in December 2007 and 1.
142 U.S. International Trade Commission. Low Enriched Uranium from France, Germany, the Netherlands, and the United Kingdom, 18.
Investigation Nos. 701TA409412 and 731TA
909, Final. Washington, DC: 2002. https
www.usitc.gov/publications/701_731/pub3486.pdf.

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141 Ibid.

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December 2013 affirmed that the antidumping duties were needed to deter less than fair value sales of French LEU.
Following a final review in November 2018 and a lack of domestic interested parties, the Department revoked the anti-dumping duties on French LEU on March 15, 2019.143
Prior actions by USITC and the Department support the U.S.
Governments broader concern about the viability of the domestic uranium industry as well as the clear impact of anticompetitive practices by non-U.S.
suppliers on U.S. producers.
D. Displacement of Domestic Uranium by Excessive Quantities of Imports Has the Serious Effect of Weakening Our Internal Economy 1. U.S. Production Is Well Below Demand and Utilization Rates Are Well Below Economically Viable Levels Based on the Departments 2019
survey data, U.S. uranium production is well below U.S. demand even though adequate capabilities and resources exist. In 2018, U.S. utility requirements were about 51.9 million pounds of U308
to run all reactors at full capacity, and total U.S. licensed and operating uranium production capacity was about 226 million pounds of U308. However, U.S. uranium production in 2018 was 143 Low-Enriched Uranium from France: Final Results of Sunset Review and Revocation of Antidumping Duty Order, Federal Register 84 FR
9493, March 15, 2019, https
www.federalregister.gov/documents/2019/03/15/
2019-04882/low-enriched-uranium-from-francefinal-results-of-sunset-review-and-revocation-ofantidumping-duty.

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