[Federal Register Volume 79, Number 26 (Friday, February 7, 2014)]
[Notices]
[Pages 7426-7427]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-02447]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-427-818]
Low Enriched Uranium From France: Initiation of Changed
Circumstances Review
AGENCY: Enforcement and Compliance, formerly 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 (AD) order on low-enriched uranium (LEU)
from France with respect to Global Nuclear Fuel-Americas, LLC (GNF-A).
DATES: Effective February 7, 2014.
FOR FURTHER INFORMATION CONTACT: Andrew Huston, 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.
SUPPLEMENTARY INFORMATION:
Background
On February 13, 2002, the Department published an order on LEU from
France.\1\ The order contains a provision to exclude from the scope LEU
owned by a:
---------------------------------------------------------------------------
\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\
---------------------------------------------------------------------------
\2\ See id.
On December 23, 2013, GNF-A requested that the Department initiate
a CCR due to earthquakes and other external events which have presented
changed circumstances not present at the time of the AD order. GNF-A
contends that these changed circumstances have affected GNF-A's
management of imports to maintain compliance with the AD order, and
delayed the re-export of subject merchandise. GNF-A requested that the
CCR be conducted on an expedited basis, combining the initiation and
preliminary results of the review in a single notice under 19 CFR
351.216(e) and 351.221(c)(3)(ii).
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
[[Page 7427]]
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 AD order on
LEU from France with respect to GNF-A. Based on the information and
documentation GNF-A submitted in its December 23, 2013 letter, we find
that we have received information which shows changed circumstances
sufficient to warrant initiation of a review. However, the Department
finds it necessary to issue a questionnaire for this CCR, as provided
for by 19 CFR 351.221(b)(2), and, therefore, the Department will not
conduct this CCR on an expedited basis. The Department will publish in
the Federal Register a notice of the preliminary results of this CCR,
in accordance with 19 CFR 351.221(b)(4) and 351.221(c)(3)(i).
Public Comment
Pursuant to 19 CFR 351.221(b)(4)(ii), interested parties will have
an opportunity to comment on the preliminary results of this CCR. In
accordance with 19 CFR 351.216(e), the Department will issue the final
results of this CCR not later than 270 days after the date on which
this CCR is initiated, or not later than 45 days if all parties agree
to the outcome of this CCR. The final results will include the
Department's analysis of issues raised in any written comments.
We are issuing and publishing this initiation in accordance with
section 751(b)(1) of the Act and 19 CFR 351.216 and 351.221(b)(1).
Dated: January 30, 2014.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
[FR Doc. 2014-02447 Filed 2-6-14; 8:45 am]
BILLING CODE 3510-DS-P