[Federal Register Volume 72, Number 101 (Friday, May 25, 2007)]
[Notices]
[Pages 29301-29302]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-10136]


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DEPARTMENT OF COMMERCE

International Trade Administration

(C-427-819)


Low Enriched Uranium from France: Notice of Amended Final 
Negative Determination Pursuant to Final Court Decision, Rescission of 
Administrative Review, and Revocation of the Countervailing Duty Order

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On May 18, 2006, the United States Court of International 
Trade (``the 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), which pertains to the Final Affirmative 
Countervailing Duty Determination on Low Enriched Uranium (``LEU'') 
from France.
    Because all litigation in this matter has concluded, the Department 
is issuing an amended final negative determination for LEU from France 
and revoking the countervailing duty (``CVD'') order. The Department is 
also rescinding the ongoing administrative review covering the period 
January 1, 2006, through December 31, 2006, and will not initiate the 
deferred administrative review covering the period January 1, 2005, 
through December 31, 2005.

EFFECTIVE DATE: June 8, 2006.

FOR FURTHER INFORMATION CONTACT: Kristen Johnson, AD/CVD Operations, 
Office 3, Import Administration, International Trade 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 
determination in the CVD investigation on 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. 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).
    Eurodif, S.A., Compagnie Generale Des Matieres Nucleaires 
(``COGEMA''), and COGEMA Inc., et. al.\1\ (collectively, ``Eurodif'' or 
``respondents'') challenged the Department's final determination before 
the CIT. The case was later appealed to the U.S. Court of Appeals for 
the Federal Circuit (``Federal Circuit''). The Federal Circuit ruled in 
favor of respondents 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''). 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 (Fed. Cir. 2005) (``Eurodif II''), which affirmed Eurodif I.
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    \1\ COGEMA and COGEMA Inc. are now known as AREVA NC and AREVA 
NC, Inc.
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    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) (``Remand Instructions''). In accordance with 
the CIT's instructions, the Department issued its final results of 
redetermination eliminating from the analysis of and calculations for 
the program ``Purchases at Prices that Constitute More Than Adequate 
Remuneration'' all SWU transactions. See the March 2, 2006, Final 
Results of Redetermination on Remand pursuant to Remand Instructions 
(``LEU Remand Redetermination''). As a result, there is no benefit or 
program rate for the program ``Purchases at Prices that Constitute More 
Than Adequate Remuneration.'' We, therefore, calculated a revised ad 
valorem subsidy rate for Eurodif for the period January 1, 1999, 
through December 31, 1999, based on the ``Exoneration/Reimbursement of 
Corporate Income Taxes'' program, which is the only other program 
determined to confer countervailable subsidies during the period of 
investigation. The revised net subsidy rate for Eurodif is 0.87 percent 
ad valorem, which is de minimis.
    On May 18, 2006, the CIT sustained the Department's redetermination 
in all respects and, thus, affirmed the Department's revised analysis 
and calculations. On June 8, 2006, consistent with the decision of the 
Federal Circuit in Timken vs. United States, 893 F.2d 337 (Fed. Cir. 
1990), the Department notified the public that the Eurodif I and

[[Page 29302]]

Eurodif II decisions were not in harmony with the Department's final 
CVD determination for LEU from France. See Low Enriched Uranium from 
France: Notice of Court Decision and Suspension of Liquidation, 71 FR 
33280 (June 8, 2006) (``LEU Timken Notice''). The LEU Timken Notice 
continued the suspension of liquidation, and further informed that if 
the CIT's decision was not appealed, or if appealed, and upheld, the 
Department would publish an amended final CVD determination. On July 
17, 2006, USEC\2\ filed a notice of appeal challenging the CIT's 
affirmation of the Department's remand determination. On February 9, 
2007, the Federal Circuit affirmed the CIT's decision without a written 
opinion, pursuant to Rule 36 of the Court's rules. The deadline for 
filing a petition for certiorari with the Supreme Court has elapsed.
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    \2\ United States Enrichment Corporation and USEC Inc. 
(``USEC'') are the petitioners.
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Amended Final Determination, Revocation of Order, and Rescission of 
Review

    Because there is now a final and conclusive decision in the court 
proceeding, we are amending the LEU Final Determination to reflect the 
results of the LEU Remand Redetermination, which is a revised 
countervailable subsidy rate of 0.87 percent ad valorem for Eurodif 
during the period of investigation, which is de minimis. Further, 
because Eurodif is the only known producer/exporter of the subject 
merchandise, we are revoking the CVD order for all entries effective 
May 14, 2001, the date on which the Department published the notice of 
preliminary affirmative CVD determination. See Notice of Preliminary 
Affirmative Countervailing Duty Determination and Alignment with Final 
Antidumping Duty Determination: Low Enriched Uranium from France, 66 FR 
24325 (May 14, 2001).
    Accordingly, the Department will instruct U.S. Customs and Border 
Protection (``CBP'') to terminate the suspension of liquidation, 
pursuant to section 705(c)(2)(A)(B) of the Tariff Act of 1930, as 
amended (``the Act''). Injunctions enjoining liquidation of entries 
subject to the CVD order remain in place for (1) entries on or after 
May 14, 2001, and on or before September 11, 2001, and on or after 
February 13, 2002, and on or before December 31, 2002,\3\ and (2) 
entries on or after January 1, 2003, and on or before December 31, 
2003.\4\ Injunctions enjoining liquidations of entries subject to the 
companion antidumping order remain in place for (1) entries on or after 
July 13, 2001, and on or before January 8, 2002, and on or after 
February 13, 2002, and (2) entries on or after February 1, 2003, and on 
or before January 31, 2004.\5\ We will instruct CBP to liquidate all 
entries without regard to countervailing duties when the injunctions 
are lifted.
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    \3\ Court number 04-00392.
    \4\ Court number 05-00456.
    \5\ Court numbers 02-00219 and 05-00564.
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    In accordance with 19 CFR 351.213(d)(4), the Department is 
rescinding the ongoing administrative review covering the period 
January 1, 2006, through December 31, 2006. The Department will also 
not initiate the administrative review covering the period January 1, 
2005, through December 31, 2005, for which a deferral was published in 
the Federal Register on March 28, 2007. See Initiation of Antidumping 
and Countervailing Duty Administrative Reviews, 72 FR 14516 (March 28, 
2007).
    This determination is published pursuant to sections 705(d), 
751(a)(3)(C), and 777(i) of the Act.

    Dated: May 21, 2007.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E7-10136 Filed 5-24-07; 8:45 am]
BILLING CODE 3510-DS-S