[Federal Register Volume 71, Number 171 (Tuesday, September 5, 2006)]
[Notices]
[Pages 52318-52320]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-14659]


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DEPARTMENT OF COMMERCE

International Trade Administration

(A-427-818)


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

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

SUMMARY: On March 7, 2006, the Department of Commerce (the Department) 
published the preliminary results of its third administrative review of 
the antidumping duty order on low enriched uranium (LEU) from France. 
The review covers one producer of the subject merchandise. The period 
of review (POR) is February 1, 2004 through January 31, 2005. Based on 
our analysis of the comments received, we have made changes to the 
preliminary results. For the final dumping margins see the ``Final 
Results of Review'' section below.

EFFECTIVE DATE: September 5, 2006.

FOR FURTHER INFORMATION CONTACT: Mark Hoadley or Myrna Lobo, AD/CVD 
Operations, Office 6, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street & Constitution 
Avenue, NW, Washington, DC 20230; telephone: (202) 482-3148 or (202) 
482-2371, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On March 7, 2006, the Department published in the Federal Register 
the preliminary results of the third administrative review of the 
antidumping duty order on LEU from France. See Low Enriched Uranium 
From France: Preliminary Results of Antidumping Duty Administrative 
Review, 71 FR 11386 (March 7, 2006) (Preliminary Results).
    Since the Preliminary Results the following events have occurred. 
As noted in the Preliminary Results, in accordance with section 
773(f)(3) of the Tariff Act of 1930, as amended (the Act), and section 
351.407(b) of our regulations, we decided to conduct an analysis to 
determine whether the respondent's purchases of electricity from its 
affiliated supplier, [Eacute]lectricit[eacute] de France (EdF), were 
made at prices below the cost of production (COP) during the POR. See 
Memorandum to Barbara E. Tillman from Mark Hoadley, Petitioners' 
Allegation of Purchases of a Major Input From Electricit[eacute] de 
France (EdF), an Affiliated Party, at Prices Below the Affiliated 
Party's Cost of Production,

[[Page 52319]]

dated January 25, 2006. Subsequent to respondent's initial response 
concerning this major input, the Department issued a supplemental 
questionnaire on March 16, 2006, seeking clarification on EdF's COP 
information. A timely response was received on March 30, 2006.
    On May 1, 2006, we received case briefs from the sole respondent, 
Eurodif S.A., AREVA NC (formerly Compagnie G[eacute]n[eacute]rale Des 
Mati[eacute]res Nucl[eacute]aires, S.A.) and AREVA NC Inc. (formerly 
COGEMA, Inc.) (collectively, Eurodif/AREVA, the respondent), and the 
petitioner, the United States Enrichment Corporation and USEC Inc. 
(collectively, USEC). Eurodif/AREVA and USEC submitted their rebuttal 
briefs on May 9, 2006. The petitioner requested a hearing on May 2, 
2006, but withdrew its request on May 9, 2006.
    On July 7, 2006, the Department published in the Federal Register a 
notice extending the deadline for the final results from July 5, 2006 
to August 21, 2006. See Low Enriched Uranium from France: Extension of 
Time Limit for Final Results of Antidumping Duty Administrative Review, 
71 FR 38611 (July 7, 2006).

Scope of the Order

    The product covered by this order is all low enriched uranium 
(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 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 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.
    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

    The issues raised in all case and rebuttal briefs by parties to 
this administrative review are addressed in the Issues and Decision 
Memorandum to David M. Spooner, Assistant Secretary for Import 
Administration, from Stephen J. Claeys, Deputy Assistant Secretary for 
Import Administration (Decision Memorandum), which is hereby adopted by 
this notice. A list of the issues addressed in the Decision Memorandum 
is appended to this notice. The Decision Memorandum is on file in the 
Central Records Unit (CRU), and can be accessed directly on the Web at 
http://ia.ita.doc.gov/frn. The paper copy and electronic version of the 
Decision Memorandum are identical in content.

Changes Since the Preliminary Results

    Based on our analysis of comments received, we have made 
adjustments to our margin calculations. The adjustments are discussed 
in detail in the Decision Memorandum.

Final Results of Review

    As a result of our review, we determine that the following 
weighted-average margin exists for the period February 1, 2004 through 
January 31, 2005:

------------------------------------------------------------------------
                Manufacturer/Exporter                  Margin (percent)
------------------------------------------------------------------------
Eurodif/AREVA.......................................               14.60
------------------------------------------------------------------------

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. The Department will not issue liquidation instructions for 
any entries of Eurodif merchandise until such time as the July 1, 2002 
injunction issued by the Court of International Trade is lifted.
    The Department clarified its ``automatic assessment'' regulation on 
May 6, 2003 (68 FR 23954). This clarification will apply to entries of 
subject merchandise during the period of review produced by the company 
included in these final results of review for which the reviewed 
company did not know their merchandise was destined for the United 
States. In such instances, we will instruct CBP to liquidate unreviewed 
entries at the all others rate if there is no rate for the intermediate 
company involved in the transaction. For a full discussion of this 
clarification, see Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).

Cash Deposits

    The following deposit requirements will be effective upon 
publication of the 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 final results, as 
provided by section 751(a) of the Act: (1) for Eurodif/AREVA, 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 in which that producer participated; 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 
investigation. See Notice of Amended Final Determination of Sales at 
Less Than Fair Value and Antidumping Duty Order: Low Enriched Uranium 
from

[[Page 52320]]

France, 67 FR 6680 (February 13, 2002). These deposit requirements 
shall remain in effect until publication of the final results of the 
next administrative review.

Notification to Importers

    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.

Notification Regarding Administrative Protective Orders

    This notice is the only reminder to parties subject to the 
administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under the APO in accordance with 19 CFR 351.305. Timely 
written notification of the return or 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.
    We are issuing and publishing these final results and this notice 
in accordance with sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: August 21, 2006.
David M. Spooner,
Assistant Secretary for Import Administration.

Appendix I.--Issues in Decision Memorandum

Comment 1: Cost of Electricity
Comment 2: Calculation of Electricity Cost
Comment 3: Date of Sale for Certain Deliveries
Comment 4: Inclusion of All POR Deliveries in Margin Calculation
Comment 5: Home Market Indirect Selling Expense (ISE) Calculation
Comment 6: Application of the ISE Ratio
Comment 7: Use of Facts Available for R&D Costs
Comment 8: Calculation of CEP Profit Ratio
Comment 9: Feedstock Values Used in Gross Unit Price
Comment 10: Rescission of Review and Liquidation of Entries without 
Assessment of Duties
Comment 11: Correction to Net U.S. Price
[FR Doc. E6-14659 Filed 9-1-06; 8:45 am]
BILLING CODE 3510-DS-S