[Federal Register Volume 77, Number 28 (Friday, February 10, 2012)]
[Notices]
[Pages 7128-7129]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-3166]



[[Page 7128]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-427-818]


Low Enriched Uranium From France: Preliminary Results of 
Antidumping Duty Changed Circumstances Review

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

SUMMARY: In response to a request from an interested party, Eurodif 
S.A. and AREVA NP Inc. (collectively, AREVA), the Department of 
Commerce (Department) initiated a changed circumstances review (CCR) of 
the antidumping duty order of low enriched uranium (LEU) from 
France.\1\ We preliminarily determine that it is appropriate to issue a 
one-time amendment to the scope of the order to extend by 18 months the 
deadline otherwise applicable to AREVA for the re-exportation of one 
entry of LEU. We invite interested parties to comment on these 
preliminary results. Parties who submit comments in these reviews are 
requested to submit with each argument (1) a statement of the issue and 
(2) a brief summary of the argument.
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    \1\ See Low Enriched Uranium from France: Initiation of 
Antidumping Duty Changed Circumstances Review, 77 FR 1059 (January 
9, 2012) (CCR Initiation Notice).

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DATES: Effective Date: February 10, 2012.

FOR FURTHER INFORMATION CONTACT: Emily Halle or Dana Mermelstein, AD/
CVD Operations, Office 6, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
0176 or (202) 482-1391, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On February 13, 2002, the Department published an order on LEU from 
France.\2\ The order contains a provision to exclude from the scope 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 (UO2) 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.''
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    \2\ See Notice of Amended Final Determination and Notice of 
Countervailing Duty Order: Low Enriched Uranium From France, 67 FR 
6689 (February 13, 2002).
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    On December 5, 2011, AREVA requested that the Department initiate 
and conduct an expedited changed circumstances review to amend the 
scope of the order to extend by 18 months the deadline for re-exporting 
an entry of LEU for which AREVA reported it would not be able to meet 
the deadline for re-exportation.\3\ At the time of entry, the LEU at 
issue met the requirements for exclusion from the scope outlined above. 
On December 13, 2011, AREVA provided additional factual information 
supporting its request. On December 14, 2011, USEC Inc., and its 
subsidiary, United States Enrichment Corporation (collectively, USEC), 
responded to AREVA's request that it had no objection to the 18-month 
extension of time requested by AREVA for the re-exportation of the LEU 
entry discussed by AREVA.
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    \3\ See Letter from AREVA, ``Low Enriched Uranium from France,'' 
dated December 5, 2011.
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    In response to AREVA's request, the Department initiated a changed 
circumstances review of the antidumping duty order on LEU from 
France,\4\ and requested that any parties wishing to provide factual 
information for the Department's consideration do so within 15 days of 
the publication of the initiation notice, i.e., January 24, 2012. On 
January 23, USEC filed a letter in which it again expressed that it has 
no objection to the extension requested by AREVA.

Scope of the Order
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    \4\ See CCR Initiation Notice.
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    The product covered by the order is all low enriched uranium (LEU). 
LEU is enriched uranium hexafluoride (UF6) with a U\235\ 
product assay of less than 20 percent that has not been converted into 
another chemical form, such as UO2, 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 the order. 
Specifically, the order does not cover enriched uranium hexafluoride 
with a U\235\ assay of 20 percent or greater, also known as highly 
enriched uranium. In addition, fabricated LEU is not covered by the 
scope of the order. For purposes of the order, fabricated uranium is 
defined as enriched uranium dioxide (UO2), whether or not 
contained in nuclear fuel rods or assemblies. Natural uranium 
concentrates (U3O8) with a U\235\ concentration 
of no greater than 0.711 percent and natural uranium concentrates 
converted into uranium hexafluoride with a U\235\ concentration of no 
greater than 0.711 percent are not covered by the scope of the order.
    Also excluded from the 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 
(UO2) 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 classified 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 subject to this proceeding is dispositive.

Preliminary Results of Changed Circumstances Review

    Based on the Department's analysis of the submissions on the 
record, in accordance with 19 CFR 351.216, we preliminarily determine 
to amend the scope of the order to extend by 18 months the deadline for 
re-exporting the LEU entry at issue. AREVA imported the entry of LEU at 
issue into the United States on November 1, 2010, for fabrication and 
subsequent re-exportation to the end-user, the Japanese customer. The 
entry met the conditions in the scope of the order for exclusion from 
the order. Both the importer and the end-user filed with U.S. Customs 
and Border Protection (CBP) the required certifications that the LEU 
was 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 (UO2) and/or 
fabrication into fuel assemblies so long as the uranium dioxide and/or

[[Page 7129]]

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.'' The 18-month period for this entry expires May 1, 
2012. AREVA's December 5, 2011, request explains that following the 
March 11, 2011, earthquake and tsunami that struck Japan, AREVA's 
Japanese end-use customer was required by the Japanese government to 
shut down its nuclear power facility pending necessary remediation of 
the situation. In light of the disaster that struck Japan after entry 
of this merchandise into the United States, AREVA's end-user is not 
able to take delivery of the LEU within the 18-month period, as 
required by the certifications that AREVA and the end-user filed at the 
time of entry.
    AREVA provided documentation supporting this claim, including: (1) 
A letter from the Japanese Minister of Economy, Trade and Industry, 
dated May 6, 2011, regarding the shutdown by Chubu Electric Power Co., 
Inc. of the operation of one of its nuclear power plants until safety 
measures are completed and confirmed by the Nuclear and Industrial 
Safety Agency; (2) a letter from Chubu Electric Power Co., Inc., dated 
May 9, 2011, confirming that the board had decided to shut down the 
power plant requested; (3) a notice from Mitsubishi Nuclear Fuel 
discussing a timeline of the nuclear power plant shutdown and forecasts 
for its reopening; (4) entry summary and related entry documents for 
entry number W96-3576942-O; and, (5) importer and end-user 
certifications to U.S. Customs and Border Protection (CBP) (referenced 
in the certifications as ``U.S. Customs Service'').\5\
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    \5\ See Letter from AREVA, ``Low Enriched Uranium from France,'' 
dated December 13, 2011.
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    We find that the evidence provided by AREVA is sufficient to 
establish that the circumstances of its request are extraordinary, and 
beyond the control of AREVA and the Japanese end-user. Therefore, we 
preliminarily determine that it is appropriate, for this entry only, to 
amend the scope of the order and to extend the deadline for the re-
exportation of this sole LEU entry from 18 months to 36 months. Should 
these preliminary results remain unchanged in the final results, we 
will extend the deadline for re-exportation of this entry to no later 
than November 1, 2013. AREVA and the end-user will be required to 
provide new certifications to CBP prior to the original deadline for 
re-exportation of this entry, i.e., May 1, 2012.

Public Comment

    Any interested party may request a hearing within 15 days of 
publication of this notice. Any hearing, if requested, will be held no 
later than 27 days after the date of publication of this notice, or the 
first workday thereafter. Persons interested in attending the hearing, 
if one is requested, should contact the Department for the date and 
time of the hearing. Case briefs from interested parties may be 
submitted not later than 15 days after the date of publication of this 
notice. Rebuttal briefs, limited to the issues raised in the case 
briefs, may be filed no later than five days after the submission of 
case briefs. All written comments shall be submitted in accordance with 
19 CFR 351.303. Parties are reminded that as of August 5, 2011, with 
certain, limited exceptions, all submissions for all proceedings must 
be filed electronically using Import Administration's Antidumping and 
Countervailing Duty Centralized Electronic Service System (IA 
ACCESS).\6\ An electronically filed document must be received 
successfully in its entirety by the Department's electronic records 
system, IA ACCESS, by 5 p.m. Eastern Time (ET) on the deadline.
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    \6\ For additional information on IA ACCESS, please visit 
https://iaaccess.trade.gov/help.aspx.
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    The Department intends to issue the final results of this CCR no 
later than April 10, 2012. This date may be extended in accordance with 
19 CFR 351.216(e). The final results will include the Department's 
analysis of issues raised in any written comments.
    We are issuing and publishing these preliminary results and notice 
in accordance with sections 751(b)(1) and 777(i)(1) and (2) of the 
Tariff Act of 1930, as amended, and 19 CFR 351.216.

    Dated: February 3, 2012.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2012-3166 Filed 2-9-12; 8:45 am]
BILLING CODE 3510-DS-P