[Federal Register Volume 78, Number 68 (Tuesday, April 9, 2013)]
[Notices]
[Pages 21100-21101]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-08239]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-427-818]
Low Enriched Uranium From France: Final Results of the Expedited
Second Sunset Review of the Antidumping Duty Order
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
DATES: Effective Date: April 9, 2013.
SUMMARY: On December 1, 2012, the Department of Commerce
(``Department'') initiated the second sunset review of the antidumping
duty order on low enriched uranium (``LEU'') from France. The
Department finds that revocation of this antidumping duty order would
be likely to lead to continuation or recurrence of dumping at the rates
identified in the ``Final Results of Review'' section of this notice.
FOR FURTHER INFORMATION CONTACT: Hilary Sadler 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) 482-4340
or (202) 482-1391, respectively.
SUPPLEMENTARY INFORMATION:
Background
The antidumping duty order on LEU from France was published on
February 13, 2002. See Notice of Amended Final Determination of Sales
at Less Than Fair Value and Antidumping Duty Order: Low Enriched
Uranium From France, 67 FR 6680 (February 13, 2002).
On December 1, 2012, the Department initiated the second sunset
review of this order pursuant to section 751(c) of the Tariff Act of
1930, as amended (the Act). See Initiation of Five-Year (``Sunset'')
Review, 77 FR 71684 (December 3, 2012). The Department received a
notice of intent to participate from USEC, Inc. and its subsidiary
United States Enrichment Corporation (collectively, ``USEC'' or
``domestic interested party''), within the deadline specified in 19 CFR
351.218(d)(1)(i). USEC is a manufacturer of a domestic like product in
the United States and, accordingly, is a domestic interested party
pursuant to section 771(9)(C) of the Act.
On January 3, 2013, the Department received an adequate substantive
response to the notice of initiation from the domestic interested party
within the 30-day deadline specified in 19 CFR
[[Page 21101]]
351.218(d)(3)(i). The Department received no response from the
respondent interested parties, i.e., French uranium producers and
exporters. On the basis of the notice of intent to participate and
adequate substantive response filed by the domestic interested party
and the inadequate response from the respondent interested parties, the
Department has conducted an expedited sunset review of this order
pursuant to section 751(c)(3)(B) of the Act and 19 CFR
351.218(e)(1)(ii)(C). As a result of this expedited sunset review, the
Department finds that revocation of the antidumping duty order is
likely to lead to continuation or recurrence of dumping at the levels
indicated in the ``Final Results of Review'' section of this notice.
Scope of the Order
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
downblending 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 reexported 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 the order is
dispositive.
Analysis of Comments Received
All issues raised in this review are addressed in the Issues and
Decision Memorandum (``Decision Memorandum'') from Edward C. Yang,
Senior Director, China/Non-Market Economy Unit, to Paul Piquado,
Assistant Secretary for Import Administration, dated April 2, 2013,
which is hereby adopted by this notice. The issues discussed in the
Decision Memorandum are the likelihood of continuation or recurrence of
dumping, and the magnitude of the margins of dumping likely to prevail
if the order were revoked. Parties can find a complete discussion of
all issues raised in this review and the corresponding recommendations
in this public memorandum which is on file electronically via Import
Administration's Antidumping and Countervailing Duty Centralized
Electronic Service System (IA ACCESS). IA ACCESS is available to
registered users at http://iaaccess.trade.gov and is available to all
parties in the Central Records Unit in room 7046 of the main Commerce
building. In addition, a complete version of the Decision Memorandum
can be accessed directly on the Internet at http://trade.gov/ia/. The
signed Decision Memorandum and electronic versions of the Decision
Memorandum are identical in content.
Final Results of Review
Pursuant to sections 752(c)(1) and (3) of the Act, we determine
that revocation of the antidumping duty order on uranium from France
would be likely to lead to continuation or recurrence of dumping.
Further, we determine that the magnitude of the margins of dumping
likely to prevail are as follows:
------------------------------------------------------------------------
Margin
Exporter or producer (percent)
------------------------------------------------------------------------
Eurodif S.A. and its affiliate AREVA NC (formerly known as 19.95
Companie G[eacute]n[eacute]rale des Mati[egrave]res
Nucl[eacute]aires--COGEMA)................................
All Others................................................. 19.95
------------------------------------------------------------------------
This notice also serves as the only reminder to parties subject to
administrative protective order (``APO'') of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305. Timely
notification of the return or destruction of APO materials or
conversion to judicial protective order is hereby requested. Failure to
comply with the regulations and terms of an APO is a violation which is
subject to sanction.
We are issuing and publishing these final results and notice in
accordance with sections 751(c), 752(c), and 777(i)(1) of the Act.
Dated: April 2, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2013-08239 Filed 4-8-13; 8:45 am]
BILLING CODE 3510-DS-P