[Federal Register Volume 78, Number 216 (Thursday, November 7, 2013)]
[Notices]
[Pages 66898-66899]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-26742]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-427-818]
Low Enriched Uranium From France: Final Results of Changed
Circumstances Review
AGENCY: Enforcement and Compliance, formerly Import Administration,
International Trade Administration, Department of Commerce.
SUMMARY: The Department of Commerce (the Department) has extended the
deadline, until November 1, 2015, for the re-exportation of one
specified entry of low enriched uranium (LEU) that entered under a
narrow provision excluding it from the scope of the antidumping (AD)
order.\1\ The Department also determined that this will be the final
extension of the re-exportation deadline.
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\1\ See Low Enriched Uranium from France: Initiation of
Expedited Changed Circumstances Review, and Preliminary Results of
Changed Circumstances Review, 78 FR 52905 (August 27, 2013)
(Preliminary Results).
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DATES: Effective: November 7, 2013.
FOR FURTHER INFORMATION CONTACT: Andrew Huston or Mark Hoadley, AD/CVD
Operations, Office VII, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
4261 or (202) 482-3148, respectively.
SUPPLEMENTARY INFORMATION:
Background
Since the publication of the Preliminary Results, the following
events have taken place. Eurodif S.A. and AREVA NP Inc. (collectively,
AREVA) submitted comments on September 11, 2013. No other party
submitted comments and no rebuttal comments were filed.
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
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
[[Page 66899]]
written description of the merchandise subject to this proceeding is
dispositive.
Final Results of Expedited Changed Circumstances Review
The Department continues to find that changed circumstances exist
(i.e., the Japanese end-user remains unable to take delivery due to
ongoing improvements and countermeasures following the March 11, 2011
earthquake and tsunami in Japan), and that it is appropriate to extend
the deadline for re-exportation of this sole entry of low-enriched
uranium. The Department determines that the deadline for re-exportation
of this sole entry is November 1, 2015, and that this will be the final
extension. The Department further determines that, if the Japanese end-
user is unable to take delivery by the November 1, 2015 deadline,
AREVA, the U.S. importer as well as the French exporter, will be
required to re-export this sole entry to France or pay antidumping
duties on the entry at the applicable rate. AREVA and the end-user will
be required to submit amended certifications to U.S. Customs and Border
Protection (CBP). The Department will release amended certifications to
parties for comment before AREVA and the end-user are required to
submit to such certifications to CBP.
Instructions to CBP
The Department will inform CBP that the deadline for re-exportation
of the single entry at issue is extended to November 1, 2015. The
Department will instruct CBP to collect amended certifications from
AREVA and its end-user within 30 days of publication of these final
results of changed circumstances review.
Notification Regarding Administrative Protective Orders
This notice is the only reminder to parties subject to the
administrative protective order (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under the APO in accordance with 19 CFR 351.305(a)(3). Timely
written 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 the terms of an APO is a sanctionable
violation.
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 Act
and 19 CFR 351.216.
Dated: October 31, 2013.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2013-26742 Filed 11-6-13; 8:45 am]
BILLING CODE 3510-DS-P