[Federal Register Volume 71, Number 160 (Friday, August 18, 2006)]
[Notices]
[Pages 47774-47775]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-13683]


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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 February 15, 2006, 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 (``LEU'') from France for the period January 1, 
2004, through December 31, 2004 (see Notice of Preliminary Results of 
Countervailing Duty Administrative Review: Low Enriched Uranium from 
France, 71 FR 7924 (February 15, 2006) (``LEU 2004 Preliminary 
Results'')). 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 August 14, 2006, Issues and Decision Memorandum from 
Stephen J. Claeys, Deputy Assistant Secretary for Import 
Administration, to David M. Spooner, Assistant Secretary for Import 
Administration, concerning the Final Results of Countervailing Duty 
Administrative Review: Low Enriched Uranium from France (``LEU 2004 
Decision Memorandum''). The final net subsidy rate for Eurodif/COGEMA 
is listed below in ``Final Results of Review.''

EFFECTIVE DATE: August 18, 2006.

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

SUPPLEMENTARY INFORMATION:

Background

    On February 15, 2006, the Department published in the Federal 
Register the preliminary results for this review (see LEU 2004 
Preliminary Results). We invited interested parties to comment on the 
results. On March 20, 2006, we received case briefs from petitioners\1\ 
and Eurodif/COGEMA and the Government of France (``GOF''), the 
respondents. On March 23, 2006, and March 24, 2006, we received 
rebuttal briefs from respondents and petitioners, respectively. On May 
2, 2006, the Department published in the Federal Register a notice of 
extension of the deadline for the final results of this administrative 
review. See Low Enriched Uranium from France: Extension of Time Limit 
for Final Results of Countervailing Duty Administrative Review, 71 FR 
25813 (May 2, 2006).
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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), 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, 2004, through 
December 31, 2004, and two programs.

Scope of the Order

    The product covered by this order is all LEU. LEU is enriched 
uranium hexafluoride (UF[bdi6]) with a U[bdi2][bdi3][bdi5] product 
assay of less than 20 percent that has not been converted into another 
chemical form, such as UO[bdi2], 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[bdi2][bdi3][bdi5] assay of 20

[[Page 47775]]

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 (UO[bdi2]), whether or not contained in nuclear fuel rods or 
assemblies. Natural uranium concentrates (U[bdi3]O[bdi8]) with a 
U[bdi2][bdi3][bdi5] concentration of no greater than 0.711 percent and 
natural uranium concentrates converted into uranium hexafluoride with a 
U[bdi2][bdi3][bdi5] 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 (UO[bdi2]) 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 2004 Decision Memorandum, 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, room B-099 of the Main Commerce 
Building. In addition, a complete copy of the LEU 2004 Decision 
Memorandum can be accessed directly on the World Wide Web at http://ia.ita.doc.gov/frn. 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 5.06 percent ad 
valorem.
    As discussed in Comment 4 of the LEU 2004 Decision Memorandum, 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, 2004, through December 31, 2004, until such time as 
the injunctions, issued on June 24, 2002, November 1, 2004, and October 
12, 2005, are lifted.
    We will, however, instruct CBP, within 15 days of publication of 
the final results of this review, to collect cash deposits of estimated 
countervailing duties at 5.06 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 also 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: August 14, 2006.
Joseph A. Spetrini,
Acting Assistant Secretaryfor 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
     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: Adequacy of Remuneration
Comment 2: SWU Benchmark
Comment 3: Rescission
Comment 4: Draft Customs Instructions
[FR Doc. E6-13683 Filed 8-17-06; 8:45 am]
BILLING CODE 3510-DS-S