[Federal Register Volume 70, Number 132 (Tuesday, July 12, 2005)]
[Notices]
[Pages 39998-40000]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-3687]


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DEPARTMENT OF COMMERCE

International Trade Administration

(C-427-819)


Final Results of Countervailing Duty Administrative Review: Low 
Enriched Uranium from France

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On March 7, 2005, the Department of Commerce (the Department) 
published in the Federal Register its preliminary results of 
administrative review of the countervailing duty (CVD) order on low 
enriched uranium from France for the period January 1, 2003, through 
December 31, 2003 (see Preliminary Results of Countervailing Duty 
Administrative Review: Low Enriched Uranium from France, 70 FR 10989 
(March 7, 2005) (LEU Preliminary Results 2003)). The Department has now 
completed the administrative review in accordance with section 751(a) 
of the Tariff Act of 1930, as amended (the Act).
    Based on our analysis of the comments received, the Department has 
not revised the net subsidy rate for Eurodif S.A. (Eurodif)/Compagnie 
Generale Des Matieres Nucleaires (COGEMA), the producer/exporter of 
subject merchandise covered by this review. For further discussion of 
our analysis of the comments received for these final results, see the 
July 5, 2005, Issues and Decision Memorandum from Barbara E. Tillman, 
Acting Deputy Assistant Secretary for Import Administration, to Joseph 
A. Spetrini,

[[Page 39999]]

Acting Assistant Secretary for Import Administration, concerning the 
Final Results of Countervailing Duty Administrative Review: Low 
Enriched Uranium from France (LEU Decision Memorandum 2003). The final 
net subsidy rate for Eurodif/COGEMA is listed below in ``Final Results 
of Review.''

EFFECTIVE DATE: July 12, 2005.

FOR FURTHER INFORMATION CONTACT: Kristen Johnson, Import 
Administration, AD/CVD Operations, Office 3, U.S. Department of 
Commerce, Room 4014, 14th Street and Constitution Avenue, NW, 
Washington, DC 20230; telephone: (202) 482-4793.

SUPPLEMENTARY INFORMATION:

Background

    On March 7, 2005, the Department published in the Federal Register 
the preliminary results (see LEU Preliminary Results 2003 at 70 FR 
10989). We invited interested parties to comment on the results. On 
April 7, 2005, we received a case brief from Eurodif/COGEMA and the 
Government of France (GOF), the respondents. On April 12, 2005, we 
received a rebuttal brief from petitioners.\1\ Pursuant to 19 CFR 
351.213(b), this review covers only those producers or exporters of the 
subject merchandise for which a review was specifically requested. 
Accordingly, this review covers only Eurodif/COGEMA. The review covers 
the period January 1, 2003, through December 31, 2003, and two 
programs.
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    \1\ Petitioners are the United States Enrichment Corporation 
(USEC) and USEC Inc.
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Scope of Order

    The product covered by this order is all 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 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 designated 
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.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this review are addressed in the LEU Decision Memorandum 2003, which is 
hereby adopted by this notice. A list of the issues contained in that 
decision memorandum is attached to this notice as Appendix I. Parties 
can find a complete discussion of the issues raised in this review and 
the corresponding recommendations in that public memorandum, which is 
on file in the Central Records Unit (CRU), room B-099 of the Main 
Commerce Building. In addition, a complete copy of the LEU Decision 
Memorandum 2003 can be accessed directly on the World Wide Web at 
http://ia.ita.doc.gov, under the heading ``Federal Register Notices.'' 
The paper copy and electronic version of the decision memorandum are 
identical in content.

Final Results of Review

    In accordance with section 705(c)(1)(B)(i) of the Act, we 
calculated an ad valorem subsidy rate for Eurodif/COGEMA. For the 
review period, we determine the net subsidy rate to be 1.23 percent ad 
valorem.
    As discussed in Comment 2 of the LEU Decision Memorandum 2003, we 
have been enjoined from liquidating entries of the subject merchandise. 
Therefore, we do not intend to issue liquidation instructions to U.S. 
Customs and Border Protection (CBP) for entries made during the period 
January 1, 2003, through December 31, 2003, until such time as the 
injunctions, issued on June 24, 2002, and November 1, 2004, are lifted.
    We will instruct CBP, within 15 days of publication of the final 
results of this review, to collect cash deposits of estimated 
countervailing duties at 1.23 percent ad valorem of the f.o.b. price on 
all shipments of the subject merchandise from the reviewed entity, 
entered, or withdrawn from warehouse, for consumption on or after the 
date of publication of the final results.
    We will instruct CBP to continue to collect cash deposits for non-
reviewed companies at the most recent company-specific rate applicable 
to the company. Accordingly, the cash deposit rate that will be applied 
to non-reviewed companies covered by this order will be the rate for 
that company established in the investigation. See Amended Final 
Determination and Notice of Countervailing Duty Order: Low Enriched 
Uranium from France, 67 FR 6689 (February 13, 2002). The ``all others'' 
rate shall apply to all non-reviewed companies until a review of a 
company assigned this rate is requested.
    This notice also serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of return/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.
    This administrative review and this notice are issued and published 
in accordance with section 751(a)(1) and 777(i)(1) of the Act.

    Dated: July 5, 2005.
Barbara E. Tillman,
Acting Assistant Secretary for Import Administration.

Appendix I-Issues and Decision Memorandum

I. SUBSIDIES VALUATION INFORMATION
    A. Calculation of Ad Valorem Rates
II. ANALYSIS OF PROGRAMS
    A. Programs Determined to Confer Subsidies

[[Page 40000]]

    1. Purchases at Prices that Constitute ``More Than Adequate 
Remuneration''
    2. Exoneration/Reimbursement of Corporate Income Taxes
III. TOTAL AD VALOREM RATE
IV. ANALYSIS OF COMMENTS
    Comment 1: Benefit from Transaction
    Comment 2: Draft Customs Instructions
[FR Doc. E5-3687 Filed 7-11-05; 8:45 am]
BILLING CODE 3510-DS-S