[Federal Register Volume 70, Number 203 (Friday, October 21, 2005)]
[Notices]
[Pages 61253-61254]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-5820]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-427-818]


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

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On September 14, 2005, the Department of Commerce (the 
Department) published the final results of its second administrative 
review of the antidumping duty order on low enriched uranium (LEU) from 
France for the period February 1, 2003, through January 31, 2004. See 
Notice of Final Results of Antidumping Duty Administrative Review: Low 
Enriched Uranium from France, 70 FR 54359 (September 14, 2005). On 
September 14, 2005, in accordance with 19 CFR 351.224(c)(2), we 
received timely filed ministerial error allegations from respondent, 
Eurodif S.A., Compagnie G[eacute]n[eacute]rale Des Mati[egrave]res 
Nucl[eacute]aires, S.A. and COGEMA, Inc. (collectively, Eurodif/
COGEMA), and the United States Enrichment Corporation and USEC Inc. 
(collectively, USEC or the petitioner). On September 19, 2005, we 
received rebuttal comments from Eurodif/COGEMA and the petitioner. 
Based on our analysis of the parties' comments, the Department has 
revised the antidumping duty margin for Eurodif/COGEMA. Accordingly, we 
are amending our final results.

EFFECTIVE DATE: October 21, 2005.

FOR FURTHER INFORMATION CONTACT: Myrna Lobo or Elfi Blum, AD/CVD 
Operations, Office 6, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14\th\ Street & 
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
2371 or (202) 482-0197, respectively.

SUPPLEMENTARY INFORMATION:

Scope of the 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 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.

[[Page 61254]]

    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.

Allegations of Ministerial Errors

    On September 14, 2005, Eurodif/COGEMA and the petitioner each 
timely filed, pursuant to 19 CFR 351.224(c)(2), an allegation that the 
Department made one ministerial error in its final results of review. 
Respondent alleges that the Department made a ministerial error in the 
calculation of the constructed value (CV) profit. Petitioner alleges 
that the Department made a ministerial error in its application of the 
R&D adjustment factor to cost of manufacture (COM).
    We have fully considered the parties' allegations and rebuttal 
comments. Our full analysis is contained in the Memorandum to Joseph A. 
Spetrini, Acting Assistant Secretary, from Gary Taverman, Acting Deputy 
Assistant Secretary, concerning the Amended Final Results of the 
Administrative Review of the Antidumping Duty Order on Low Enriched 
Uranium from France (2003-2004), Ministerial Error Allegations (October 
14, 2005) which is on file in the Central Records Unit (CRU), room B-
099 of the main Department building, and can be accessed directly on 
the Web at http://ia..ita.doc.gov. As a result of our analysis, we have 
corrected our calculations of CV profit.

Amended Final Results of Review

    In accordance with 19 CFR 351.224(e), we have amended the final 
results of this administrative review to correct for the ministerial 
error. As a result of this correction, Eurodif/COGEMA's weighted-
average margin has been amended as stated below.

------------------------------------------------------------------------
                                                       Weighted-Average
                      Producer                       Margin (Percentage)
------------------------------------------------------------------------
COGEMA/Eurodif.....................................                 9.75
------------------------------------------------------------------------

Assessment

    The Department will determine, and U.S. Customs and Border 
Protection (CBP) shall assess, antidumping duties on all appropriate 
entries, pursuant to 19 CFR 351.212(b). The Department calculated 
importer-specific duty assessment rates on the basis of the ratio of 
the total amount of antidumping duties calculated for the examined 
sales to the total entered value of the examined sales for that 
importer. Where the assessment rate is above de minimis, we will 
instruct CBP to assess duties on all entries of subject merchandise by 
that importer. The Department will not issue liquidation instructions 
for any entries of Eurodif/COGEMA merchandise until such time as the 
July 1, 2002, injunction issued by the Court of International Trade is 
lifted.

Cash Deposits

    Furthermore, the following deposit requirements will be effective 
upon publication of these amended final results of this administrative 
review for all shipments of LEU from France entered, or withdrawn from 
warehouse, for consumption on or after the publication date of these 
amended final results, as provided by section 751(a) of the Tariff Act 
of 1930, as amended: (1) for companies covered by this review, the cash 
deposit rate will be the rate listed above; (2) for merchandise 
exported by producers or exporters not covered in this review but 
covered in a previous segment of this proceeding, the cash deposit rate 
will continue to be the company-specific rate published in the most 
recent final results in which that producer or exporter participated; 
(3) if the exporter is not a firm covered in this review or in any 
previous segment of this proceeding, but the producer is, the cash 
deposit rate will be that established for the producer of the 
merchandise in these final results of review or in the most recent 
final results that covered that producer; and (4) if neither the 
exporter nor the producer is a firm covered in this review or in any 
previous segment of this proceeding, the cash deposit rate will be 
19.95 percent, the ``All Others'' rate established in the less-than-
fair-value investigation. These deposit requirements shall remain in 
effect until publication of the final results of the next 
administrative review.

Reimbursement

    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f) to file a certificate regarding 
the reimbursement of antidumping duties prior to liquidation of the 
relevant entries during this review period. Failure to comply with this 
requirement could result in the Secretary's presumption that 
reimbursement of antidumping duties occurred, and in the subsequent 
assessment of double antidumping duties.
    These amended final results are issued and published in accordance 
with sections 751(a) and (h) of the Act and 19 CFR 351.224.

    Dated: October 14, 2005.
Joseph A. Spetrini,
Acting Assistant Secretaryfor Import Administration.
[FR Doc. E5-5820 Filed 10-20-05; 8:45 am]
BILLING CODE 3510-DS-S