[Federal Register Volume 80, Number 177 (Monday, September 14, 2015)]
[Notices]
[Pages 55089-55090]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-23050]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-427-818]
Low-Enriched Uranium From France: Final Results of Antidumping
Duty Administrative Review; 2013-2014
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On March 9, 2015, the Department of Commerce (the Department)
published the preliminary results of the administrative review of the
antidumping duty order on low-enriched uranium (LEU) from France.\1\
The review covers one producer or exporter of the subject merchandise,
Eurodif S.A., AREVA NC, and AREVA NC, Inc. (collectively AREVA). The
Department determines that AREVA made no shipments of subject
merchandise during the POR. The Department also determines that we will
issue revised certifications required from the importer and end-user.
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\1\ See Low Enriched Uranium from France; Preliminary Results of
Antidumping Duty Administrative Review; 2013-2014, 80 FR 12434
(March 9, 2015) (Preliminary Results).
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DATES: Effective Date: September 14, 2015.
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
For a complete description of the events that followed the
Preliminary Results, see the Issues and Decision Memorandum.\2\ The
Issues and Decision Memorandum is a public document and is available
electronically via Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Services System (ACCESS).
ACCESS is available to registered users at http://acess.trade.gov, and
it is available to all parties in the Central Records Unit of the main
Commerce Building, room B8024. In addition, a complete version of the
Issues and Decision Memorandum is also accessible on the internet at
http://enforcement.trade.gov/frn/index.html. The signed Issues and
Decision Memorandum and the electronic versions of the Issues and
Decision Memorandum are identical in content.
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\2\ See ``Decision Memorandum for the Final Results of
Antidumping Duty Administrative Review: Low-Enriched Uranium From
France: 2013-2014'' from Gary Taverman, Associate Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations to Paul
Piquado, Assistant Secretary for Enforcement and Compliance (Issues
and Decision Memorandum), dated concurrently with these results and
herby adopted by this notice.
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Period of Review
The period of review (POR) is February 1, 2013, through January 31,
2014.
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).\3\
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\3\ For a full description of the scope of the order, see the
Issues and Decision Memorandum.
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Analysis of Comments Received
All issues raised by the parties in the case and rebuttal briefs
are addressed in the Issues and Decision Memorandum. A list of the
issues addressed in the Issues and Decision Memorandum is appended to
this notice.
Changes Since the Preliminary Results
In the Preliminary Results the Department determined that AREVA did
have shipments of merchandise subject to the antidumping order on LEU
from France during the POR. Upon review of the comments received from
parties, the Department finds that AREVA had no shipments subject to
the antidumping duty order. We have also determined to allow revised
the re-export certifications required under the scope of the order to
allow replenishment of LEU that has been re-exported and to address the
issue of samples in future entries.\4\
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\4\ See Issue 2: Re-export Certifications section of the Issues
and Decision Memorandum.
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Determination of No Shipments
We determine that AREVA had no shipments of merchandise subject to
the antidumping duty order on LEU from France during the POR.
Determination of Revised Certifications
The Department will issue customs instructions with revised
certifications to U.S. Customs and Border Protection (CBP). These
instructions will be posted on CBP's Antidumping and Countervailing
Duty Online Search System, available at http://adcvd.cbp.dhs.gov/adcvdweb/, and the Department will release the customs instructions
with revised certifications via ACCESS. The revised certifications are
effective when posted on the CBP's Antidumping and Countervailing Duty
Online Search System.
Assessment Rates
Since the Department found that AREVA had no shipments subject to
the order during the POR, we did not calculate importer-specific
assessment rates for these final results.
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
[[Page 55090]]
rate assigned to the company in the most recently completed review of
that company, except for entries for which the importer claims to be
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 with a completed segment of this
proceeding; (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 with a completed segment of this proceeding 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\ Entries
accompanied by certifications from the exporter, the importer, and the
end user, indicating that the LEU will be re-exported within 18 months
will be subject to a cash deposit requirement of zero percent ad
valorem. 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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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), which
continues to govern business proprietary information in this segment of
the proceeding. 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 Importers
This notice serves as a final 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.
Notification to Interested Parties
These final results of administrative review are issued and
published in accordance with sections 751(a)(1) and 777(i)(1) of the
Act.
Dated: September 4, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix
Issues in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Issues
Comment 1: Treatment of Samples
Comment 2: Re-export Certifications
V. Determination of No Shipments
VI. Revised Entry Certifications
VII. Recommendation
[FR Doc. 2015-23050 Filed 9-11-15; 8:45 am]
BILLING CODE 3510-DS-P