[Federal Register Volume 71, Number 175 (Monday, September 11, 2006)]
[Notices]
[Page 53405]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-15000]


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DEPARTMENT OF COMMERCE

International Trade Administration

(A-427-818)


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

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On August 3, 2006, the United States Court of International 
Trade (``CIT'') sustained the Department of Commerce's (``the 
Department's'') June 19, 2006, Final Results of Redetermination on 
Remand pursuant to Eurodif S.A., et. al. v. United States, Consol. Ct. 
No. 02-00219, Slip. Op. 06-75 (CIT May 18, 2006) (``LEU Remand 
Redetermination''), which pertains to the Antidumping Duty Order on Low 
Enriched Uranium (``LEU'') from France.
    Consistent with the decision of the U.S. Court of Appeals for the 
Federal Circuit (``CAFC'') in Timken Co. v. United States, 893 F.2d 337 
(Fed. Cir. 1990) (``Timken''), the Department is notifying the public 
that this decision is ``not in harmony'' with the Department's original 
determination and 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: September 11, 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 and 
Constitution Avenue, N.W., Washington, DC 20230; telephone: (202) 482-
3148 or (202) 482-2371, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On December 21, 2001, the Department published a notice of final 
determination in the antidumping duty investigation of LEU from France. 
See Notice of Final Determination of Sales at Less Than Fair Value: Low 
Enriched Uranium From France, 66 FR 65877 (Dec. 21, 2001) (``LEU Final 
Determination''). On February 13, 2002, the Department published in the 
Federal Register an amended final determination and antidumping duty 
order on LEU from France. See Notice of Amended Final Determination of 
Sales at Less Than Fair Value and Antidumping Duty Order: Low Enriched 
Uranium From France, 67 FR 6680 (Feb. 13, 2002).
    Respondents challenged the Department's final determination before 
the CIT. The case was later appealed and the CAFC, 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 CAFC 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 (Fed. Cir. 
2005) (``Eurodif II'').
    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. 06-2 
(CIT Jan. 5, 2006). Specifically, the CIT directed the Department to 
revise its final determination and antidumping duty order to conform 
with the decisions in Eurodif I and Eurodif II.
    On March 3, 2006, the Department issued its results of 
redetermination and recalculated the antidumping duty rate applicable 
to Eurodif, to comply with the decisions of Eurodif I and Eurodif II. 
On May 18, 2006, the CIT again remanded the case to the Department to 
exclude certain entries from the scope of the order. On June 19, 2006, 
the Department issued its final results of redetermination pursuant to 
court remand (``LEU Remand Redetermination''). On August 3, 2006, the 
CIT sustained the Department's redetermination. See Eurodif S.A., 
Compagnie Generale Des Matieres Nucleaires, and Cogema Inc. et. al. v. 
United States, Slip. Op. 06-124 (CIT August 3, 2006).

Suspension of Liquidation

    The CAFC in Timken held that, pursuant to 19 USC 1516(e), the 
Department must publish notice of a decision of the CIT or the CAFC, 
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 August 3, 2006, decision.
    In the event that the CIT's ruling is not appealed, or if appealed, 
it is upheld, the Department will publish amended final results and 
liquidate relevant entries covering the subject merchandise.

    Dated: September 5, 2006.
David M. Spooner,
Assistant Secretaryfor Import Administration.
[FR Doc. E6-15000 Filed 9-8-06; 8:45 am]
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