[Federal Register Volume 71, Number 110 (Thursday, June 8, 2006)]
[Notices]
[Pages 33280-33281]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-8941]


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DEPARTMENT OF COMMERCE

International Trade Administration

(C-427-819)


Low Enriched Uranium from France: Notice of Court Decision and 
Suspension of Liquidation

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On May 18, 2006, the United States Court of International 
Trade (``CIT'') sustained the Department of Commerce's (``the 
Department's'') March 2, 2006, Final Results of Redetermination on 
Remand pursuant to Eurodif S.A., Compagnie Generale Des Matieres 
Nucleaires, and Cogema Inc., et. al. v. United States, Slip. Op. 06-3 
(CIT, January 5, 2006) (``LEU Remand Redetermination''), which pertains 
to the Final Affirmative Countervailing Duty Determination on Low 
Enriched Uranium (``LEU'') from France.
    Consistent with the decision of the U.S. Court of Appeals for the 
Federal Circuit (``Federal Circuit'') in Timken Co. v. United States, 
893 F.2d 337 (Fed. Cir. 1990) (``Timken''), the Department will 
continue to order the suspension of liquidation of the subject 
merchandise, where appropriate, until there is a conclusive decision in 
this case. If the case is not appealed, or if it is affirmed on appeal, 
the Department will instruct U.S. Customs and Border Protection to 
liquidate all relevant entries from Eurodif S.A./Compagnie Generale Des 
Matieres Nucleaires (collectively, ``Eurodif'' or ``respondents'').

EFFECTIVE DATE: May 28, 2006.

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

SUPPLEMENTARY INFORMATION:

Background

    On December 21, 2001, the Department published a notice of final 
affirmative determination in the countervailing duty investigation of 
LEU from France. See Notice of Final Affirmative Countervailing Duty 
Determination: Low Enriched Uranium from France, 66 FR 65901 (December 
21, 2001) (``LEU Final Determination''), and accompanying Issues and 
Decision Memorandum: Final Affirmative Countervailing Determination: 
Low Enriched Uranium from France. The LEU Final Determination was 
subsequently amended. See Amended Final Determination and Notice of 
Countervailing Duty Order: Low Enriched Uranium from France, 67 FR 6689 
(February 13, 2002).
    Respondents challenged the Department's final determination before 
the CIT. The case was later appealed and the Federal Circuit, in 
Eurodif S.A., Compagnie Generale Des Matieres Nucleaires, and Cogema 
Inc., et. al. v. United States, 411 F.3d 1355 (Fed. Cir. 2005) 
(``Eurodif I''), ruled in favor of respondents. The court panel later 
clarified its ruling, issuing a decision in Eurodif S.A., Compagnie 
Generale Des Matieres Nucleaires, and Cogema Inc., et. al. v. United 
States, 423 F. 3d. 1275

[[Page 33281]]

(Fed. Cir. 2005) (``Eurodif II''), which affirmed Eurodif I.
    On January 5, 2006, the CIT remanded the case to the Department for 
action consistent with the decisions of the Federal Circuit in Eurodif 
I and Eurodif II. See Eurodif S.A., Compagnie Generale Des Matieres 
Nucleaires, and Cogema Inc. et. al. v. United States, Slip. Op. 06-3 
(CIT, January 5, 2006). Specifically, the CIT directed the Department 
to revise its final determination and order in accordance with the 
decisions in Eurodif I and Eurodif II.
    On March 2, 2006, the Department issued its final results of 
redetermination and recalculated the subsidy rate applicable to 
Eurodif, to comply with the decisions of Eurodif I and Eurodif II. See 
LEU Remand Redetermination. On May 18, 2006, the CIT sustained the 
Department's redetermination in all respects and, thus, affirmed the 
Department's revised analysis and calculations. See Eurodif S.A., 
Compagnie Generale Des Matieres Nucleaires, and Cogema Inc. et. al. v. 
United States, Slip. Op. 06-76 (CIT, May 18, 2006).

Suspension of Liquidation

    The Federal Circuit, in Timken, held that the Department must 
publish notice of a decision of the CIT or the Federal Circuit, which 
is not ``in harmony'' with the Department's final determination or 
results. Publication of this notice fulfills that obligation. The 
Federal Circuit also held that the Department must suspend liquidation 
of the subject merchandise until there is a ``conclusive'' decision in 
the case. Therefore, pursuant to Timken, the Department must continue 
to suspend liquidation pending the expiration of the period to appeal 
the CIT's May 18, 2006, decision.
    In the event that the CIT's ruling is not appealed, the Department 
will publish an amended final results and liquidate relevant entries 
covering the subject merchandise.

    Dated: May 31, 2006.
David M. Spooner,
Assistant Secretaryfor Import Administration.
[FR Doc. E6-8941 Filed 6-7-06; 8:45 am]
BILLING CODE: 3510-DS-S