[Federal Register Volume 67, Number 30 (Wednesday, February 13, 2002)]
[Notices]
[Pages 6680-6681]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-3538]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-427-818]


Notice of Amended Final Determination of Sales at Less Than Fair 
Value and Antidumping Duty Order: Low Enriched Uranium From France

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

EFFECTIVE DATE: February 13, 2002.

FOR FURTHER INFORMATION CONTACT: Vicki Schepker or Edward Easton, Group 
II, Office 5, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
1756, (202) 482-3003, respectively.

The Applicable Statute and Regulations

    Unless otherwise indicated, all citations to the statute are 
references to the provisions effective January 1, 1995, the effective 
date of the amendments made to the Tariff Act of 1930 (the Act) by the 
Uruguay Round Agreements Act (URAA). In addition, unless otherwise 
indicated, all citations to the Department of Commerce (the Department) 
regulations refer to the regulations codified at 19 CFR part 351 (April 
2000).

Scope of Order

    For purposes of this order, the product covered is all low enriched 
uranium (LEU). LEU is enriched uranium hexafluoride (UF 6) 
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 this order. 
Specifically, this 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 LEU is not covered by 
the scope of this order. For purposes of this 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 this order.
    Also excluded from this order is LEU 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 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.
    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 is dispositive.

Amended Final Determination

    In accordance with section 735(a) of the Act, on December 21, 2001, 
the Department published its affirmative final determination of the 
antidumping duty investigation of low enriched uranium from France 
(Final Determination of Sales at Less Than Fair Value: Low Enriched 
Uranium from France, 66 FR 65877). On December 26, 2001, we received 
ministerial error allegations, timely filed pursuant to 
Sec. 351.224(c)(2) of the Department's regulations, from the 
petitioners \1\ regarding the Department's final margin calculations. 
On December 31, 2001, we received rebuttal comments from the 
respondent, Compagnie Generale des Matieres Nucleaires (Cogema) and 
Eurodif, S.A. (Eurodif).
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    \1\ The petitioners in this investigation are USEC, Inc., and 
its wholly-owned subsidiary, United States Enrichment Corporation 
(collectively USEC); and the Paper Allied-Industrial, Chemical and 
Energy Workers International Union, AFL-CIO, CLC, Local 5-550 and 
Local 5-689 (collectively PACE).

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[[Page 6681]]

    The petitioners allege that the Department should recalculate 
Eurodif's general and administrative (G&A) expense, by using Eurodif's, 
rather than Cogema's, cost of goods sold as the denominator in the 
calculation. The respondent argues that the petitioners' allegation is 
a substantive issue that cannot be treated under the ministerial error 
provision.
    In accordance with section 735(e) of the Act, we agree that a 
ministerial error in the calculation of the G&A expense ratio was made 
in our final margin calculation. For a detailed analysis of this 
allegation, and the Department's determination, see the January 10, 
2001, Memorandum to Bernard T. Carreau from Constance Handley, 
regarding the Amended Final Determination in the Antidumping Duty 
Investigation of Low Enriched Uranium from France: Ministerial Error 
Allegations on file in room B-099 of the Main Commerce building. This 
determination is based on a reexamination of the G&A expense 
calculation.
    We are amending the final determination of the antidumping duty 
investigation of low enriched uranium from France to correct the 
ministerial error. The revised final weighted-average dumping margins 
are shown below.

Antidumping Duty Order

    On February 4, 2002, in accordance with section 735(d) of the Act, 
the International Trade Commission (ITC) notified the Department that a 
U.S. industry is materially injured within the meaning of section 
735(b)(1)(A) of the Act by reason of imports of low enriched uranium 
from France.
    Therefore, antidumping duties will be assessed on all unliquidated 
entries of low enriched uranium from France entered, or withdrawn from 
warehouse, for consumption on or after July 13, 2001, the date on which 
the Department published its preliminary affirmative antidumping duty 
determination in the Federal Register (66 FR 36743), and before January 
9, 2002, the date the Department instructed the U.S. Customs Service to 
discontinue the suspension of liquidation in accordance with section 
733(d) of the Act, and on all entries and withdrawals of subject 
merchandise made on or after the date of publication of this 
antidumping duty order in the Federal Register. Section 733(d) states 
that the suspension of liquidation pursuant to a preliminary 
determination may not remain in effect for more than four months, 
unless exporters representing a significant proportion of exports of 
the subject merchandise request that the period be extended to not more 
than 6 months. As noted in the preliminary determination (66 FR 36743), 
the respondent made such a request on July 2, 2001. Therefore, entries 
of low enriched uranium made on or after January 9, 2002, and prior to 
the date of publication of this order in the Federal Register, are not 
liable for the assessment of antidumping duties due to the Department's 
discontinuation, effective January 9, 2002, of the suspension of 
liquidation.
    In accordance with section 736 of the Act, the Department will 
direct U.S. Customs officers to reinstitute the suspension of 
liquidation for low enriched uranium from France effective the date of 
publication of this notice in the Federal Register and to assess, upon 
further advice by the Department pursuant to section 736(a)(1) of the 
Act, antidumping duties equal to the amount by which the normal value 
of the merchandise exceeds the export price or constructed export price 
of the merchandise for all relevant entries of low enriched uranium 
from France.
    On or after the date of publication of this notice in the Federal 
Register, U.S. Customs officers must require, at the same time as 
importers would normally deposit estimated duties on this merchandise, 
a cash deposit equal to the rates noted below. The All Others rate 
applies to all producers and exporters of low enriched uranium from 
France not specifically listed below. The cash deposit rates are as 
follows:

------------------------------------------------------------------------
                                                          Weighted-
                                                           average
                 Exporter/manufacturer                      margin
                                                          percentage
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Cogema/Eurodif.........................................        19.95
All Others.............................................        19.95
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    The all others rate applies to all entries of the subject 
merchandise except for entries from exporters/producers that are 
identified individually above.
    This notice constitutes the antidumping duty order with respect to 
low enriched uranium from France, pursuant to section 736(a) of the 
Act. Interested parties may contact the Central Records Unit, Room B-
099 of the main Commerce building, for copies of an updated list of 
antidumping duty orders currently in effect.
    This order is issued and published in accordance with section 
736(a) of the Act and 19 CFR 351.211.

    Dated: February 6, 2002.
Bernard T. Carreau,
Acting Assistant Secretary for Import Administration.
[FR Doc. 02-3538 Filed 2-12-02; 8:45 am]
BILLING CODE 3510-DS-P