Federal Register, Volume 79 Issue 209 (Wednesday, October 29, 2014)

[Federal Register Volume 79, Number 209 (Wednesday, October 29, 2014)]
[Notices]
[Pages 64364-64365]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-25747]


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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, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (the Department) determines that 
changed circumstances exist which affected the ability of Global 
Nuclear Fuel--Americas, LLC (GNF-A) to manage its inventory and comply 
with the 18-month re-export requirement provided for in the exclusion 
from the scope of the order. Specifically, the Department finds that 
certain past entries by GNF-A of low enriched uranium (LEU) from France 
satisfy the conditions for exclusion from the order, and that GNF-A 
will be allowed to make certain future entries of LEU under the 
provision for exclusion from the scope of the order.

DATES: Effective Date: October 29, 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 October 2, 2014, the Department published the Preliminary 
Results of Changed Circumstances Review of Low Enriched Uranium from 
France.\1\ No parties commented on these preliminary results.
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    \1\ See Low Enriched Uranium From France: Preliminary Results of 
Changed Circumstances Review, 79 FR 59475 (October 2, 2014).
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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 written description 
of the merchandise subject to this proceeding is dispositive.

Final Results of Changed Circumstances Review

    Because there were no comments on the preliminary results, the 
Department adopts the reasoning and findings of fact in the preliminary 
results as the final results of the review. The Department's full 
analysis of the details of GNF-A's request for CCR and the information 
provided by GNF-A in its questionnaire response requires a discussion 
of business proprietary information, which can be found in the 
proprietary Memorandum to Paul Piquado, Assistant Secretary for 
Enforcement and Compliance, ``Preliminary Results of Changed 
Circumstances Review: Analysis of GNF-A Business Proprietary 
Information.'' \2\ The Department finds that certain past entries by 
GNF-A of LEU from France satisfy the conditions for exclusion from the 
order, and that GNF-A will be allowed to make certain future entries of 
LEU under the provision for exclusion from the scope of the order.
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    \2\ See Memorandum to Paul Piquado, Assistant Secretary for 
Enforcement and Compliance, ``Preliminary Results of Changed 
Circumstances Review: Analysis of GNF-A Business Proprietary 
Information,'' available on Enforcement and Compliance's Antidumping 
and Countervailing Duty Centralized Electronic Service System (IA 
ACCESS) (http://iaacess.trade.gov) to parties who have been granted 
access to business proprietary information under Administrative 
Protective Order. A public version of this memorandum is also 
available on IA ACCESS, and it is available to all parties in the 
Central Records Unit of the main Commerce Building, room 7046. In 
addition, a complete public version of this memorandum is accessible 
on the internet at http://enforcement.trade.gov/frn/index.html.
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Instructions to CBP

    The Department will issue revised certifications and instructions 
to U.S. Customs and Border Protection regarding GNF-A's compliance with 
the 18-month re-export requirement.

[[Page 64365]]

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.

Notification to Interested Parties

    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 22, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2014-25747 Filed 10-28-14; 8:45 am]
BILLING CODE 3510-DS-P