[Federal Register Volume 66, Number 172 (Wednesday, September 5, 2001)]
[Notices]
[Pages 46467-46468]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-22186]


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INTERNATIONAL TRADE COMMISSION

[Investigations Nos. 701-TA-409-412 (Final) and 731-TA-909-912 (Final)]


Low Enriched Uranium From France, Germany, the Netherlands, and 
the United Kingdom

AGENCY: United States International Trade Commission.

ACTION: Scheduling of the final phase of countervailing duty and 
antidumping investigations.

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SUMMARY: The Commission hereby gives notice of the scheduling of the 
final phase of countervailing duty investigations Nos. 701-TA-409-412 
(Final) under section 705(b) of the Tariff Act of 1930 (19 U.S.C. 
1671d(b)) (the Act) and the final phase of antidumping investigations 
Nos. 731-TA-909-912 (Final) under section 735(b) of the Act (19 U.S.C. 
1673d(b)) to determine whether an industry in the United States is 
materially injured or threatened with material injury, or the 
establishment of an industry in the United States is materially 
retarded, by reason of subsidized and less-than-fair-value imports from 
France, Germany, the Netherlands, and the United Kingdom of low 
enriched uranium.\1\
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    \1\ For purposes of these investigations, the Department of 
Commerce has defined the subject merchandise as low enriched uranium 
(LEU). LEU 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 LEU produced through the down-
blending of highly enriched uranium).
    Certain merchandise is outside the scope of these 
investigations. Specifically, these investigations do not cover 
enriched uranium hexafluoride with a U\235\ assay of 20 percent or 
greater, also known as highly enriched uranium. In addition, 
fabricated LEU is not covered by the scope of these investigations. 
For purposes of these investigations, 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 these investigations.
    The merchandise subject to these investigations is reported 
under Harmonized Tariff Schedule of the United States (HTSUS) 
statistical reporting number 2844.20.0020. Subject merchandise may 
also be reported under statistical reporting numbers 2844.20.0030, 
2844.20.0050, and 2844.40.00. Although the HTSUS statistical 
reporting numbers are provided for convenience and customs purposes, 
the written description of the merchandise is dispositive.
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    For further information concerning the conduct of this phase of the 
investigations, hearing procedures, and rules of general application, 
consult the Commission's rules of practice and procedure, part 201, 
subparts A through E (19 CFR part 201), and part 207, subparts A and C 
(19 CFR part 207).

EFFECTIVE DATE: July 13, 2001.

FOR FURTHER INFORMATION CONTACT: Fred Fischer (phone: 202-205-3179; e-
mail: [email protected]), Office of Investigations, U.S. International 
Trade Commission, 500 E Street SW., Washington, DC 20436. Hearing-
impaired persons can obtain information on this matter by contacting 
the Commission's TDD terminal on 202-205-1810. Persons with mobility 
impairments who will need special assistance in gaining access to the 
Commission should contact the Office of the Secretary at 202-205-2000. 
General information concerning the Commission may also be obtained by 
accessing its internet server (http://www.usitc.gov). The public record 
for these investigations may be viewed on the Commission's electronic 
docket (EDIS-ON-LINE) at http://dockets.usitc.gov/eol/public.

SUPPLEMENTARY INFORMATION:
    Background.--The final phase of these investigations is being 
scheduled as a result of affirmative preliminary determinations by the 
Department of Commerce that certain benefits which constitute subsidies 
within the meaning of section 703 of the Act (19 U.S.C. 1671b) are 
being provided to manufacturers, producers, or exporters in France, 
Germany, the Netherlands, and the United Kingdom of LEU, and that such 
products are being sold in the United States at less than fair value 
within the meaning of section 733 of the Act (19 U.S.C. 1673b). The 
investigations were requested in a petition filed on December 7, 2000, 
by USEC, Inc. and its wholly-owned subsidiary the United States 
Enrichment Corp., Bethesda, MD.\2\
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    \2\ On December 26, 2000, the petition was amended to add as 
petitioners the Paper, Allied-Industrial, Chemical and Energy 
Workers International Union, AFL-CIO, CLC.
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    Participation in the investigations and public service list.--
Persons, including industrial users of the subject merchandise and, if 
the merchandise is sold at the retail level, representative consumer 
organizations, wishing to participate in the final phase of these 
investigations as parties must file an entry of appearance with the 
Secretary to the Commission, as provided in Sec. 201.11 of the 
Commission's rules, no later than 21 days prior to the hearing date 
specified in this notice. A party that filed a notice of appearance 
during the preliminary phase of the investigations need not file an 
additional notice of appearance during this final phase. The Secretary 
will maintain a public service list containing the names and addresses 
of all persons, or their representatives, who are parties to the 
investigations.
    Limited disclosure of business proprietary information (BPI) under 
an administrative protective order (APO) and BPI service list.--
Pursuant to Sec. 207.7(a) of the Commission's rules, the Secretary will 
make BPI gathered in the final phase of these investigations available 
to authorized applicants under the APO issued in the investigations, 
provided that the application is made no later than 21 days prior to 
the hearing date specified in this notice. Authorized applicants must 
represent interested parties, as defined by 19 U.S.C. 1677(9), who are 
parties to the investigations. A party granted access to BPI in the 
preliminary phase of the investigations need not reapply for such 
access. A separate service list will be maintained by the Secretary for 
those parties authorized to receive BPI under the APO.
    Staff report.--The prehearing staff report in the final phase of 
these investigations will be placed in the nonpublic record on November 
14, 2001, and a public version will be issued thereafter, pursuant to 
section 207.22 of the Commission's rules.
    Hearing.--The Commission will hold a hearing in connection with the 
final phase of these investigations beginning at 9:30 a.m. on November 
28, 2001, at the U.S. International Trade Commission Building. Requests 
to appear at the hearing should be filed in writing with the Secretary 
to the Commission on or before November 19, 2001. A nonparty who has 
testimony that may aid the Commission's deliberations may request 
permission to present a short statement at the hearing. All parties and 
nonparties desiring to appear at the hearing and make oral 
presentations should attend a prehearing conference to be held at 9:30 
a.m. on November 21, 2001, at the U.S. International Trade Commission 
Building. Oral testimony and written materials to be submitted at the 
public hearing are governed by Secs. 201.6(b)(2), 201.13(f), and 207.24 
of the Commission's rules. Parties must submit

[[Page 46468]]

any request to present a portion of their hearing testimony in camera 
no later than 7 days prior to the date of the hearing.
    Written submissions.--Each party who is an interested party shall 
submit a prehearing brief to the Commission. Prehearing briefs must 
conform with the provisions of Sec. 207.23 of the Commission's rules; 
the deadline for filing is November 21, 2001. Parties may also file 
written testimony in connection with their presentation at the hearing, 
as provided in Sec. 207.24 of the Commission's rules, and posthearing 
briefs, which must conform with the provisions of Sec. 207.25 of the 
Commission's rules. The deadline for filing posthearing briefs is 
December 5, 2001; witness testimony must be filed no later than three 
days before the hearing. In addition, any person who has not entered an 
appearance as a party to the investigations may submit a written 
statement of information pertinent to the subject of the investigations 
on or before December 5, 2001. On December 24, 2001, the Commission 
will make available to parties all information on which they have not 
had an opportunity to comment. Parties may submit final comments on 
this information on or before December 27, 2001, but such final 
comments must not contain new factual information and must otherwise 
comply with Sec. 207.30 of the Commission's rules. All written 
submissions must conform with the provisions of Sec. 201.8 of the 
Commission's rules; any submissions that contain BPI must also conform 
with the requirements of Secs. 201.6, 207.3, and 207.7 of the 
Commission's rules. The Commission's rules do not authorize filing of 
submissions with the Secretary by facsimile or electronic means.
    In accordance with Secs. 201.16(c) and 207.3 of the Commission's 
rules, each document filed by a party to the investigations must be 
served on all other parties to the investigations (as identified by 
either the public or BPI service list), and a certificate of service 
must be timely filed. The Secretary will not accept a document for 
filing without a certificate of service.

    Authority:  These investigations are being conducted under 
authority of title VII of the Tariff Act of 1930; this notice is 
published pursuant to Sec. 207.21 of the Commission's rules.

    Issued: August 29, 2001.
    By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 01-22186 Filed 9-4-01; 8:45 am]
BILLING CODE 7020-02-P