[Federal Register Volume 69, Number 188 (Wednesday, September 29, 2004)]
[Pages 58128-58129]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E4-2404]



International Trade Administration


Notice of Amended Final Results of Antidumping Duty 
Administrative Review: Low Enriched Uranium From France

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

ACTION: Notice of amended final results of antidumping duty 
administrative review.


SUMMARY: On August 3, 2004, the Department of Commerce (the Department) 
published the final results of its first administrative review of the 
antidumping duty order on low enriched uranium (LEU) from France for 
the period July 13, 2001, through January 31, 2003. See Notice of Final 
Results of Antidumping Duty Administrative Review: Low Enriched Uranium 
from France, 69 FR 46501 (August 3, 2004). On August 2, 2004, in 
accordance with 19 CFR 351.224(c)(2), we received a timely filed 
ministerial error allegation from respondent Eurodif S.A., Compagnie 
G[eacute]n[eacute]rale Des Mati[egrave]res

[[Page 58129]]

Nucl[eacute]aires, S.A. and COGEMA, Inc. (collectively, COGEMA/
Eurodif). On August 9, 2004, we received rebuttal comments from the 
petitioners.\1\ Based on our analysis of parties' comments, the 
Department has revised the antidumping duty margin for COGEMA/Eurodif. 
Accordingly, we are amending our final results.

    \1\ The petitoners in this case are USEC Inc. and United States 
Enrichment Corporation.

EFFECTIVE DATE: September 29, 2004.

FOR FURTHER INFORMATION CONTACT: Constance Handley or James Kemp, at 
(202) 482-0631 or (202) 482-5346, respectively; AD/CVD Enforcement, 
Office 1, Import Administration, International Trade Administration, 
U.S. Department of Commerce, 14th Street & Constitution Avenue, NW., 
Washington, DC 20230.


Scope of the Order

    The product covered by this order is all low enriched uranium 
(LEU). LEU is enriched uranium hexafluoride (UF6) with a 
U235 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 U235 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 U235 
concentration of no greater than 0.711 percent and natural uranium 
concentrates converted into uranium hexafluoride with a U235 
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 currently classifiable 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 Results of Review

    On August 2, 2004, COGEMA/Eurodif timely filed, pursuant to 19 CFR 
351.224(c)(2), an allegation that the Department made one ministerial 
error in its final results, in that the constructed value (CV) profit 
rate was applied to an adjusted cost of production, although the 
financial statements from which the CV profit rate was derived had not 
been similarly adjusted. In their August 9, 2004, rebuttal, the 
petitioners contend the error was not ministerial because the 
Department's analysis memorandum lacked specificity in that it did not 
define which adjustments the Department intended to make when 
calculating CV profit. We agree with COGEMA/Eurodif that its allegation 
constitutes a ministerial error. For a detailed discussion of this 
ministerial error, as well as the Department's analysis, see Memorandum 
from Constance Handley, Program Manager, Office 1 to Jeffrey A. May, 
Deputy Assistant Secretary re: Ministerial Error Allegation, dated 
September 21, 2004.
    In accordance with 19 CFR 351.224(e), we have amended the final 
results of the first antidumping duty administrative review of LEU from 
France, as noted above. As a result of this correction and as stated 
below, COGEMA/Eurodif's weighted-average margin decreased from 5.43 
percent to 4.56 percent.

                        Producer                          average margin
COGEMA/Eurodif.........................................            4.56

    The Department shall determine and U.S. Customs and Border 
Protection (CBP) shall assess antidumping duties on all appropriate 
entries. In accordance with 19 CFR 351.212(b)(1), we will calculate an 
importer-specific ad valorem assessment rate for merchandise based on 
the ratio of the total amount of antidumping duties calculated for the 
examined sales made during the period of review to the total customs 
value of the sales used to calculate those duties. Where the importer-
specific assessment rate is above de minimis, we will instruct CBP to 
assess duties on all appropriate entries of subject merchandise by that 
importer. This rate will be assessed uniformly on all entries of that 
particular importer made during the period July 13, 2001, through 
January 31, 2003. The Department will issue appropriate assessment 
instructions directly to CBP within 15 days of publication of the final 
results of review. The amended cash deposit requirement is effective 
for all shipments of subject merchandise manufactured by COGEMA/Eurodif 
entered, or withdrawn from warehouse, for consumption on or after the 
date of publication of this notice and shall remain in effect until 
publication of the final results of the next administrative review.
    These amended final results are issued and published in accordance 
with section 751(h) of the Tariff Act and 19 CFR 351.224.

Jeffrey A. May,
Acting Assistant Secretary for Import Administration.
[FR Doc. E4-2404 Filed 9-28-04; 8:45 am]