[Federal Register Volume 78, Number 166 (Tuesday, August 27, 2013)]
[Notices]
[Pages 52905-52907]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-20899]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-427-818]
Low Enriched Uranium From France: Initiation of Expedited Changed
Circumstances Review, and Preliminary Results of Changed Circumstances
Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: Pursuant to section 751(b) of the Tariff Act of 1930, as
amended (the Act), and 19 CFR 351.216 and 351.221(c)(3), the Department
of Commerce (Department) is initiating a changed circumstances review
(CCR) of the antidumping duty order on low-enriched uranium from France
with respect to Eurodif S.A. and AREVA NP Inc. (collectively, AREVA).
Moreover, the Department has determined that it is appropriate to
conduct this CCR on an expedited basis. Thus, the Department has
preliminarily determined to extend the deadline for the re-exportation
of one specified entry of LEU until November 1, 2015. The Department
has also preliminarily determined that this will be the final
extension. We invite interested parties to comment on these preliminary
results.
DATES: Effective Date: August 27, 2013.
FOR FURTHER INFORMATION CONTACT: Andrew Huston 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-
4261 or (202) 482-1391, respectively.
SUPPLEMENTARY INFORMATION:
Background
On February 13, 2002, the Department published an order on low-
enriched uranium from France.\1\ The order contains a provision to
exclude from the scope low-enriched uranium owned by a:
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\1\ See Notice of Amended Final Determination and Notice of
Antidumping Duty Order: Low Enriched Uranium From France, 67 FR 6680
(February 13, 2002).
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.\2\
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\2\ See id.
On December 5, 2011, AREVA requested that the Department initiate
and conduct an expedited CCR to amend the scope of the order to extend
by 18 months the deadline for re-exporting an entry of low-enriched
uranium for which AREVA reported it would not be able to meet the
deadline for re-exportation.\3\ At the time of entry, the low-enriched
uranium at issue met the requirements for exclusion from the scope
outlined above. On April 2, 2012, the Department published the final
results of the CCR, extending the deadline for re-exportation of this
sole entry by 18 months, to no later than November 1, 2013.\4\
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\3\ See Letter from AREVA, ``Low Enriched Uranium from France,''
dated December 5, 2011.
\4\ See Low Enriched Uranium from France: Final Results of
Antidumping Duty Changed Circumstances Review, 77 FR 19642 (April 2,
2012) (Final Results of Changed Circumstances Review).
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On July 8, 2013, AREVA requested that the Department initiate a CCR
in order to further extend the period for the re-exportation this sole
entry of low-enriched uranium from November 1, 2013, until November 1,
2015. AREVA also requested that the Department conduct the review on an
expedited basis. On August 7, 2013, USEC, Inc., and its subsidiary,
United States Enrichment Corporation (collectively, USEC), filed a
letter indicating that it does not object to a further extension of the
deadline, as requested by AREVA, for the re-exportation of this one
shipment.
Scope of the Order
The product covered by the order is all low-enriched uranium. Low-
enriched uranium 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 low-enriched uranium 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 low-enriched uranium 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 low-enriched uranium 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
[[Page 52906]]
assemblies so long as the uranium dioxide and/or fuel assemblies deemed
to incorporate such imported low-enriched uranium (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 low-
enriched uranium 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.
Initiation of Changed Circumstances Review
Pursuant to section 751(b) of the Act and 19 CFR 351.216 and
351.221(c)(3), the Department is initiating a CCR of the antidumping
duty order on low-enriched uranium from France with respect to AREVA.
Based on the information and documentation AREVA submitted in its July
8, 2013, letter we find that we have received information which shows
changed circumstances sufficient to warrant initiation of a review to
determine if circumstances support the extension of the time period to
re-export the specified entry of low-enriched uranium. Further, the
Department finds that it is appropriate to conduct this review on an
expedited basis, and issue the preliminary results along with this
initiation.
Preliminary Results of Expedited Changed Circumstances Review
Based on the Department's analysis of the information provided by
AREVA with its request for CCR, in accordance with 19 CFR 351.216, we
preliminarily determine to amend the scope of the order to extend by an
additional 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 certifications required for exclusion. As a result of the shutdown
of the Hamaoka nuclear power facility following the March 11, 2011
earthquake and tsunami in Japan, the Department extended the 18-month
period for the re-exportation of this entry by an additional 18 months,
until November 1, 2013, and new certifications were filed with CBP by
the importer and the end-user.\5\
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\5\ See Final Results of Changed Circumstances Review.
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AREVA's July 8, 2013, request explains its end-user is not yet in a
position to take delivery of the low-enriched uranium. AREVA provided
documents with its request indicating that the improvements and the
earthquake and tsunami countermeasures at the Hamaoka facility have not
been completed, as previously anticipated, and the Japanese end-user
was unable to take delivery of the subject merchandise within both the
original and the second, subsequent, 18-month periods (i.e., since the
shutdown of the Hamaoka nuclear power facility following the March 11,
2011 earthquake and tsunami in Japan), and the end-user remains unable
to take delivery. Specifically, AREVA provided a timeline, and
correspondence from Chubu Electric Power Co. Inc. and the Japanese
Ministry of Economy, Trade and Industry regarding improvements to the
Hamaoka Nuclear Power Station and the anticipated completion of the
earthquake and tsunami countermeasures at the Hamaoka facility.\6\
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\6\ See Letter from AREVA, ``Low Enriched Uranium from France:
Request for Changed Circumstances Review,'' dated July 8, 2013.
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We preliminarily find that the evidence provided by AREVA is
sufficient to establish that changed circumstances exist. Therefore, in
accordance with 19 CFR 351.216, we preliminarily find that it is
appropriate to extend further the deadline for re-exportation of this
sole entry of low-enriched uranium by an additional 24 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, 2015. AREVA and the end-user will be required to
provide new certifications to CBP prior to the current deadline for re-
exportation of this entry, i.e., November 1, 2013. Furthermore, because
the result of the extensions is that AREVA would have five years from
the date of the entry to re-export the entry, we preliminarily
determine that it is appropriate to make this extension final.
Accordingly, AREVA will be required to comply with the terms of the new
certifications by November 1, 2015, with no further extension. Because
the low-enriched uranium shipment was entered as a ``type 1'' entry for
consumption, outside the scope of the order, and not suspended or
subject to antidumping duties, we will require AREVA to provide an
additional certification by November 1, 2015, stating its agreement
that it will pay antidumping duties on the entry at the applicable rate
if the re-exportation deadline of November 1, 2015 is not met.
Public Comment
The Department specifically requests that parties comment on the
Department's preliminary determination that this extension will be
final, addressing if relevant an appropriate alternative for
establishing an end-date by which the re-exportation of this shipment
should be required, or any other options for the final resolution of
this matter.
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 business day 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).\7\ 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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\7\ 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 October 31, 2013. 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
[[Page 52907]]
accordance with sections 751(b)(1) and 777(i)(1) and (2) of the Act and
19 CFR 351.216.
Dated: August 26, 2013.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
[FR Doc. 2013-20899 Filed 8-26-13; 8:45 am]
BILLING CODE 3510-DS-P