[Federal Register Volume 70, Number 132 (Tuesday, July 12, 2005)]
[Notices]
[Pages 40000-40001]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-3689]


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DEPARTMENT OF COMMERCE

International Trade Administration

(C-428-829); (C-421-809); (C-412-821)


Final Results of Countervailing Duty Administrative Reviews: Low 
Enriched Uranium from Germany, the Netherlands, and the United Kingdom

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 reviews of the countervailing duty (CVD) orders on low 
enriched uranium from Germany, the Netherlands, and the United Kingdom 
for the period January 1, 2003, through December 31, 2003 (see 
Preliminary Results of Countervailing Duty Administrative Reviews: Low 
Enriched Uranium from Germany, the Netherlands, and the United Kingdom, 
70 FR 10986 (March 7, 2005) (Preliminary Results)). The Department has 
now completed these administrative reviews in accordance with section 
751(a) of the Tariff Act of 1930, as amended (the Act).
    Based on information received since the Preliminary Results and our 
analysis of the comments received, the Department has not revised the 
net subsidy rate for Urenco Deutschland GmbH of Germany (UD), Urenco 
Nederland B.V. of the Netherlands (UNL), Urenco (Capenhurst) Limited 
(UCL) of the United Kingdom, Urenco Ltd., and Urenco Inc. 
(collectively, the Urenco Group or respondents), the producers/
exporters of subject merchandise covered by these reviews. For further 
discussion of our positions, see the ``Issues and Decision Memorandum'' 
from Barbara E. Tillman, Acting Deputy Assistant Secretary for Import 
Administration, to Joseph A. Spetrini, Acting Assistant Secretary for 
Import Administration concerning the ``Final Results of Countervailing 
Duty Administrative Reviews: Low Enriched Uranium from Germany, the 
Netherlands, and the United Kingdom'' (Decision Memorandum) dated July 
5, 2005. The final net subsidy rates for the reviewed companies are 
listed below in the section entitled ``Final Results of Reviews.''

EFFECTIVE DATE: July 12, 2005.

FOR FURTHER INFORMATION CONTACT: Darla Brown, AD/CVD Operations, Office 
3, Import Administration, U.S. Department of Commerce, Room 4012, 14th 
Street and Constitution Avenue, NW, Washington, DC 20230; telephone: 
(202) 482-2786.

SUPPLEMENTARY INFORMATION:

Background

    On March 7, 2005, the Department published in the Federal Register 
its Preliminary Results. We invited interested parties to comment on 
the results. Since the preliminary results, the following events have 
occurred.
    On April 6, 2005, we received case briefs from respondents. In 
their case brief, respondents requested a hearing. On April 11, 2005, 
we received rebuttal briefs from petitioners.\1\ On April 12, 2005, 
respondents withdrew their request for a hearing.
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    \1\ Petitioners are the United States Enrichment Corporation 
(USEC) and USEC Inc.
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    Pursuant to 19 CFR 351.213(b), these reviews cover only those 
producers or exporters of the subject merchandise for which a review 
was specifically requested. Accordingly, these reviews cover the Urenco 
Group. These reviews cover the period January 1, 2003, through December 
31, 2003, and four programs.

Scope of the Orders

    For purposes of these orders, the product covered 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 these orders. 
Specifically, these orders 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 orders. For purposes of these orders, 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 
orders.
    Also excluded from these orders 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 these orders is currently classifiable 
in the Harmonized Tariff Schedule of the United States (HTSUS) at 
subheading 2844.20.0020. Subject merchandise may also enter under HTSUS 
subheadings 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 
these reviews are addressed in the Decision Memorandum, which is hereby 
adopted by this notice. A list of the issues contained in the Decision 
Memorandum is attached to this notice as Appendix I. Parties can find a 
complete discussion of all issues raised in these reviews and the 
corresponding recommendations in this public memorandum, which is on 
file in the Central Record Unit (CRU), room B-099 of the main Commerce 
building. In addition, a complete version of the Decision Memorandum 
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 Reviews

    In accordance with section 777A(e)(1) of the Act and 19 CFR 
351.221(b)(5), we calculated an ad valorem subsidy rate for the Urenco 
Group for calendar year

[[Page 40001]]

2003. The total net subsidy rate for the Urenco Group in these reviews 
is 0.00 percent ad valorem for the POR.
    We will instruct U.S. Customs and Border Protection (CBP), within 
15 days of publication of the final results of these reviews, to 
liquidate shipments of low enriched uranium by Urenco from Germany, the 
Netherlands, and the United Kingdom entered, or withdrawn from 
warehouse, for consumption from January 1, 2003, through December 31, 
2003, without regard to countervailing duties. Moreover, the Department 
also will instruct CBP not to collect cash deposits of estimated 
countervailing duties 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 of 
these reviews. In addition, for the period January 1, 2003, through 
December 31, 2003, the assessment rates applicable to all non-reviewed 
companies covered by this order are the cash deposit rates in effect at 
the time of entry.
    We will instruct CBP to continue to collect cash deposits for non-
reviewed companies at the most recent company-specific or country-wide 
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 investigations. See Notice 
of Amended Final Determinations and Notice of Countervailing Duty 
Orders: Low Enriched Uranium from Germany, the Netherlands and the 
United Kingdom, 67 FR 6688 (February 13, 2002) (Amended Final). The 
``all others'' rate shall apply to all non-reviewed companies until a 
review of a company assigned this rate is requested. In addition, for 
the period January 1, 2003, through December 31, 2003, the assessment 
rates applicable to all non-reviewed companies covered by these orders 
are the cash deposit rates in effect at the time of entry.
    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.
    These administrative reviews and this notice are issued and 
published in accordance with sections 751(a)(1) and 777(i) of the Act.

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

Appendix I - Issues and Decision Memorandum

I. METHODOLOGY AND BACKGROUND INFORMATION
    A. International Consortium
II. SUBSIDIES VALUATION INFORMATION
    A. Allocation Period
III. ANALYSIS OF PROGRAMS
    A. Programs Determined Not to Confer a Benefit from the Government 
of Germany
    1. Enrichment Technology Research and Development Program
    2. Forgiveness of Centrifuge Enrichment Capacity Subsidies
    B. Programs Determined Not to Be Used from the Government of the 
Netherlands
    1. Wet Investeringsrekening Law (WIR)
    2. Regional Investment Premium
IV. TOTAL AD VALOREM RATE
V. ANALYSIS OF COMMENTS
    Comment 1: Net Countervailable Subsidy Rate
    Comment 2: Draft Cash Deposit and Liquidation Instructions
    Comment 3: Enrichment Services
    Comment 4: Allocation Period
    Comment 5: Centrifuge Enrichment Capacity Subsidies by the 
Government of Germany
[FR Doc. E5-3689 Filed 7-11-05; 8:45 am]
BILLING CODE 3510-DS-S