[Federal Register Volume 79, Number 56 (Monday, March 24, 2014)]
[Notices]
[Pages 15955-15957]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-06388]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-427-818]
Low-Enriched Uranium From France; Preliminary Results of
Antidumping Duty Administrative Review; 2012-2013
AGENCY: Enforcement and Compliance, formerly Import Administration,
International Trade Administration, Department of Commerce.
SUMMARY: The Department of Commerce (the Department) is conducting an
administrative review of the antidumping duty order on low-enriched
uranium (LEU) from France.\1\ The period of review (POR) is February 1,
2012, through January 31, 2013. The review covers one producer or
exporter of the subject merchandise, Eurodif S.A., AREVA NC, and AREVA
NC, Inc. (collectively AREVA). The Department preliminarily determines
that AREVA made no shipments of subject merchandise during the POR. We
invite interested parties to comment on these preliminary results. The
deadline for the preliminary results of this review was March 17, 2014.
Due to the closure of the Federal Government in Washington, DC on March
17, 2014, the Department reached this determination on the next
business day (i.e., March 18, 2014). See Notice of Clarification:
Application of ``Next Business Day'' Rule for Administrative
Determination Deadlines Pursuant to the Tariff Act of 1930, As Amended,
70 FR 24533 (May 10, 2005).
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews and Request for Revocation in Part, 78 FR
19197 (March 9, 2013).
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DATES: Effective Date: March 24, 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:
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).\2\
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\2\ For a full description of the scope of the order, see
``Decision Memorandum for the Preliminary Results of Antidumping
Duty Administrative Review: Low-Enriched Uranium from France: 2012-
2013'' from Christian Marsh, Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations to Paul Piquado,
Assistant Secretary for Enforcement and Compliance (Preliminary
Decision Memorandum), dated concurrently with these results and
hereby adopted by this notice.
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Methodology
The Department is conducting this review in accordance with section
751(a) of the Tariff Act of 1930, as amended (the Act). For a full
description of the methodology underlying our conclusions, see the
[[Page 15956]]
Preliminary Decision Memorandum. The Preliminary Decision Memorandum is
on file electronically via Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System (``IA
ACCESS''). IA ACCESS is available to registered users at http://iaaccess.trade.gov, and it 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 Preliminary Decision Memorandum can be accessed
directly at http://enforcement.trade.gov/frn/. The signed Preliminary
Decision Memorandum and electronic versions of the Preliminary Decision
Memorandum are identical in content.
Preliminary Determination of No Shipments
AREVA timely filed a ``no shipment'' certification stating that
they had no entries of subject merchandise during the POR. However,
data that the Department obtained from U.S. Customs and Border
Protection showed entries of LEU from AREVA during the POR. The
Department issued two questionnaires to AREVA, and received timely
responses. Based on the questionnaire responses filed by AREVA, we
preliminarily determine that AREVA had no shipments of merchandise
subject to the antidumping order on LEU from France during the POR. In
addition, the Department finds that it is not appropriate to rescind
the review with respect to AREVA but, rather, to complete the review
and issue appropriate instructions to U.S. Customs and Border
Protection (CBP) based on the final results of this review, as is our
current practice.\3\
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\3\ See, e.g., Certain Frozen Warmwater Shrimp From Thailand:
Preliminary Results of Antidumping Duty Administrative Review and
Intent To Revoke the Order (in Part); 2011-2012, 78 FR 15686 (March
12, 2013) and the accompanying Decision Memorandum at 7-8.
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Preliminary Determination of Revised Entry Requirements
During the course of this review, the Department identified
irregularities associated with AREVA's filing of the required
certifications for re-exportation.\4\ In light of these problems, and
to ensure proper enforcement of the order, the Department preliminarily
determines that shipments of LEU from France by AREVA, where the
importer claims the above-noted scope exclusion, shall be suspended as
antidumping entries with a cash deposit requirement of zero percent ad
valorem. These requirements will be effective as of the date of
publication of the final results of this administrative review. We
invite all interested parties to comment on this issue.
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\4\ See Preliminary Decision Memorandum.
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Assessment Rates
Since the Department preliminarily found that AREVA had no
shipments during the POR, we did not calculate importer-specific
assessment rates for these preliminary results of review.
The Department clarified its ``automatic assessment'' regulation on
May 6, 2003. This clarification will apply to entries of subject
merchandise during the POR produced by companies included in the final
results of review for which these companies did not know that the
merchandise was destined for the United States. In such instances, we
will instruct CBP to liquidate un-reviewed entries at the all-others
rate if there is no rate for the intermediate company(ies) involved in
the transaction.\5\
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\5\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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We intend to issue instructions to CBP 15 days after publication of
the final results of this review.
Cash Deposit Requirements
The following deposit requirements will be effective for all
shipments of LEU from France entered, or withdrawn from warehouse, for
consumption on or after the date of publication of the final results of
this administrative review, as provided for by section 751(a)(2)(C) of
the Act: (1) The cash deposit rate for AREVA will remain unchanged from
the rate assigned to the company in the most recently completed review
of that company, except for entries excluded from the order under the
re-export provision of the scope, which will require a cash deposit
rate of zero percent; (2) for previously reviewed or investigated
companies not listed above, the cash deposit rate will continue to be
the company-specific rate published for the most recent period; (3) if
the exporter is not a firm covered in this review, a prior review, or
the less-than-fair-value investigation, but the manufacturer is, the
cash deposit rate will be the rate established for the most recent
period for the manufacturer of the merchandise; and (4) the cash
deposit rate for all other manufacturers or exporters will continue to
be 19.95 percent, the all-others rate established in the
investigation.\6\ These cash deposit requirements, when imposed, shall
remain in effect until further notice.
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\6\ 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).
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Comments
Interested parties are invited to comment on these preliminary
results and submit written arguments or case briefs within 30 days
after the date of publication of this notice, unless otherwise notified
by the Department.\7\ Parties are reminded that written comments or
case briefs are not the place for submitting new factual material.
Rebuttal briefs, limited to issues raised in the case briefs, will be
due five days later.\8\ Parties that submit case or rebuttal briefs are
requested to submit with each argument: (1) A statement of the issue;
and (2) a brief summary of the argument. Parties are requested to
provide a summary of the arguments not to exceed five pages and a table
of statutes, regulations, and cases cited.
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\7\ See 19 CFR 351.309(c)(ii).
\8\ See 19 CFR 351.309(d).
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Any interested party who wishes to request a hearing, or to
participate if one is requested, must submit a written request to the
Assistant Secretary for Enforcement and Compliance within 30 days after
the day of publication of this notice. A request should contain: (1)
The party's name, address, and telephone number; (2) the number of
participants; and (3) a list of issues to be discussed.\9\ Issues
raised in the hearing will be limited to those raised in case briefs.
The Department will issue the final results of administrative review,
including the results of our analysis of issues raised in any briefs,
within 90 days after the date on which the preliminary results were
issued, unless the deadline for the final results is extended.\10\
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\9\ See 19 CFR 351.310(c).
\10\ See 19 CFR 351.213(h).
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Notification to Importers
This notice serves as a preliminary reminder to the importers of
their responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in the Secretary's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
These preliminary results of administrative review are issued and
published in accordance with sections 751(a)(1) and 777(i)(1) of the
Act.
[[Page 15957]]
Dated: March 18, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2014-06388 Filed 3-21-14; 8:45 am]
BILLING CODE 3510-DS-P