[Federal Register Volume 77, Number 28 (Friday, February 10, 2012)]
[Notices]
[Pages 7128-7129]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-3166]
[[Page 7128]]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-427-818]
Low Enriched Uranium From France: Preliminary Results of
Antidumping Duty Changed Circumstances Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: In response to a request from an interested party, Eurodif
S.A. and AREVA NP Inc. (collectively, AREVA), the Department of
Commerce (Department) initiated a changed circumstances review (CCR) of
the antidumping duty order of low enriched uranium (LEU) from
France.\1\ We preliminarily determine that it is appropriate to issue a
one-time amendment to the scope of the order to extend by 18 months the
deadline otherwise applicable to AREVA for the re-exportation of one
entry of LEU. We invite interested parties to comment on these
preliminary results. Parties who submit comments in these reviews are
requested to submit with each argument (1) a statement of the issue and
(2) a brief summary of the argument.
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\1\ See Low Enriched Uranium from France: Initiation of
Antidumping Duty Changed Circumstances Review, 77 FR 1059 (January
9, 2012) (CCR Initiation Notice).
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DATES: Effective Date: February 10, 2012.
FOR FURTHER INFORMATION CONTACT: Emily Halle or Dana Mermelstein, AD/
CVD Operations, Office 6, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
0176 or (202) 482-1391, respectively.
SUPPLEMENTARY INFORMATION:
Background
On February 13, 2002, the Department published an order on LEU from
France.\2\ The order contains a provision to exclude from the scope LEU
owned by a ``foreign utility end-user and imported into the United
States by or for such end-user solely for purposes of conversion by a
U.S. fabricator into uranium dioxide (UO2) and/or
fabrication into fuel assemblies so long as the uranium dioxide and/or
fuel assemblies deemed to incorporate such imported LEU (i) remain in
the possession and control of the U.S. fabricator, the foreign end-
user, or their designed transporter(s) while in U.S. customs territory,
and (ii) are re-exported within eighteen (18) months of entry of the
LEU for consumption by the end-user in a nuclear reactor outside the
United States. Such entries must be accompanied by the certifications
of the importer and end user.''
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\2\ See Notice of Amended Final Determination and Notice of
Countervailing Duty Order: Low Enriched Uranium From France, 67 FR
6689 (February 13, 2002).
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On December 5, 2011, AREVA requested that the Department initiate
and conduct an expedited changed circumstances review to amend the
scope of the order to extend by 18 months the deadline for re-exporting
an entry of LEU for which AREVA reported it would not be able to meet
the deadline for re-exportation.\3\ At the time of entry, the LEU at
issue met the requirements for exclusion from the scope outlined above.
On December 13, 2011, AREVA provided additional factual information
supporting its request. On December 14, 2011, USEC Inc., and its
subsidiary, United States Enrichment Corporation (collectively, USEC),
responded to AREVA's request that it had no objection to the 18-month
extension of time requested by AREVA for the re-exportation of the LEU
entry discussed by AREVA.
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\3\ See Letter from AREVA, ``Low Enriched Uranium from France,''
dated December 5, 2011.
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In response to AREVA's request, the Department initiated a changed
circumstances review of the antidumping duty order on LEU from
France,\4\ and requested that any parties wishing to provide factual
information for the Department's consideration do so within 15 days of
the publication of the initiation notice, i.e., January 24, 2012. On
January 23, USEC filed a letter in which it again expressed that it has
no objection to the extension requested by AREVA.
Scope of the Order
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\4\ See CCR Initiation Notice.
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The product covered by the order is all low enriched uranium (LEU).
LEU is enriched uranium hexafluoride (UF6) with a U\235\
product assay of less than 20 percent that has not been converted into
another chemical form, such as UO2, or fabricated into
nuclear fuel assemblies, regardless of the means by which the LEU is
produced (including LEU produced through the down-blending of highly
enriched uranium).
Certain merchandise is outside the scope of the order.
Specifically, the order does not cover enriched uranium hexafluoride
with a U\235\ assay of 20 percent or greater, also known as highly
enriched uranium. In addition, fabricated LEU is not covered by the
scope of the order. For purposes of the order, fabricated uranium is
defined as enriched uranium dioxide (UO2), whether or not
contained in nuclear fuel rods or assemblies. Natural uranium
concentrates (U3O8) with a U\235\ concentration
of no greater than 0.711 percent and natural uranium concentrates
converted into uranium hexafluoride with a U\235\ concentration of no
greater than 0.711 percent are not covered by the scope of the order.
Also excluded from the order is LEU owned by a foreign utility end-
user and imported into the United States by or for such end-user solely
for purposes of conversion by a U.S. fabricator into uranium dioxide
(UO2) and/or fabrication into fuel assemblies so long as the
uranium dioxide and/or fuel assemblies deemed to incorporate such
imported LEU (i) remain in the possession and control of the U.S.
fabricator, the foreign end-user, or their designed transporter(s)
while in U.S. customs territory, and (ii) are re-exported within
eighteen (18) months of entry of the LEU for consumption by the end-
user in a nuclear reactor outside the United States. Such entries must
be accompanied by the certifications of the importer and end user.
The merchandise subject to this order is classified in the
Harmonized Tariff Schedule of the United States (HTSUS) at subheading
2844.20.0020. Subject merchandise may also enter under 2844.20.0030,
2844.20.0050, and 2844.40.00. Although the HTSUS subheadings are
provided for convenience and customs purposes, the written description
of the merchandise subject to this proceeding is dispositive.
Preliminary Results of Changed Circumstances Review
Based on the Department's analysis of the submissions on the
record, in accordance with 19 CFR 351.216, we preliminarily determine
to amend the scope of the order to extend by 18 months the deadline for
re-exporting the LEU entry at issue. AREVA imported the entry of LEU at
issue into the United States on November 1, 2010, for fabrication and
subsequent re-exportation to the end-user, the Japanese customer. The
entry met the conditions in the scope of the order for exclusion from
the order. Both the importer and the end-user filed with U.S. Customs
and Border Protection (CBP) the required certifications that the LEU
was owned by a ``foreign utility end-user and imported into the United
States by or for such end-user solely for purposes of conversion by a
U.S. fabricator into uranium dioxide (UO2) and/or
fabrication into fuel assemblies so long as the uranium dioxide and/or
[[Page 7129]]
fuel assemblies deemed to incorporate such imported LEU (i) remain in
the possession and control of the U.S. fabricator, the foreign end-
user, or their designed transporter(s) while in U.S. customs territory,
and (ii) are re-exported within eighteen (18) months of entry of the
LEU for consumption by the end-user in a nuclear reactor outside the
United States.'' The 18-month period for this entry expires May 1,
2012. AREVA's December 5, 2011, request explains that following the
March 11, 2011, earthquake and tsunami that struck Japan, AREVA's
Japanese end-use customer was required by the Japanese government to
shut down its nuclear power facility pending necessary remediation of
the situation. In light of the disaster that struck Japan after entry
of this merchandise into the United States, AREVA's end-user is not
able to take delivery of the LEU within the 18-month period, as
required by the certifications that AREVA and the end-user filed at the
time of entry.
AREVA provided documentation supporting this claim, including: (1)
A letter from the Japanese Minister of Economy, Trade and Industry,
dated May 6, 2011, regarding the shutdown by Chubu Electric Power Co.,
Inc. of the operation of one of its nuclear power plants until safety
measures are completed and confirmed by the Nuclear and Industrial
Safety Agency; (2) a letter from Chubu Electric Power Co., Inc., dated
May 9, 2011, confirming that the board had decided to shut down the
power plant requested; (3) a notice from Mitsubishi Nuclear Fuel
discussing a timeline of the nuclear power plant shutdown and forecasts
for its reopening; (4) entry summary and related entry documents for
entry number W96-3576942-O; and, (5) importer and end-user
certifications to U.S. Customs and Border Protection (CBP) (referenced
in the certifications as ``U.S. Customs Service'').\5\
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\5\ See Letter from AREVA, ``Low Enriched Uranium from France,''
dated December 13, 2011.
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We find that the evidence provided by AREVA is sufficient to
establish that the circumstances of its request are extraordinary, and
beyond the control of AREVA and the Japanese end-user. Therefore, we
preliminarily determine that it is appropriate, for this entry only, to
amend the scope of the order and to extend the deadline for the re-
exportation of this sole LEU entry from 18 months to 36 months. Should
these preliminary results remain unchanged in the final results, we
will extend the deadline for re-exportation of this entry to no later
than November 1, 2013. AREVA and the end-user will be required to
provide new certifications to CBP prior to the original deadline for
re-exportation of this entry, i.e., May 1, 2012.
Public Comment
Any interested party may request a hearing within 15 days of
publication of this notice. Any hearing, if requested, will be held no
later than 27 days after the date of publication of this notice, or the
first workday thereafter. Persons interested in attending the hearing,
if one is requested, should contact the Department for the date and
time of the hearing. Case briefs from interested parties may be
submitted not later than 15 days after the date of publication of this
notice. Rebuttal briefs, limited to the issues raised in the case
briefs, may be filed no later than five days after the submission of
case briefs. All written comments shall be submitted in accordance with
19 CFR 351.303. Parties are reminded that as of August 5, 2011, with
certain, limited exceptions, all submissions for all proceedings must
be filed electronically using Import Administration's Antidumping and
Countervailing Duty Centralized Electronic Service System (IA
ACCESS).\6\ An electronically filed document must be received
successfully in its entirety by the Department's electronic records
system, IA ACCESS, by 5 p.m. Eastern Time (ET) on the deadline.
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\6\ For additional information on IA ACCESS, please visit
https://iaaccess.trade.gov/help.aspx.
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The Department intends to issue the final results of this CCR no
later than April 10, 2012. This date may be extended in accordance with
19 CFR 351.216(e). The final results will include the Department's
analysis of issues raised in any written comments.
We are issuing and publishing these preliminary results and notice
in accordance with sections 751(b)(1) and 777(i)(1) and (2) of the
Tariff Act of 1930, as amended, and 19 CFR 351.216.
Dated: February 3, 2012.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2012-3166 Filed 2-9-12; 8:45 am]
BILLING CODE 3510-DS-P