[Federal Register Volume 77, Number 63 (Monday, April 2, 2012)]
[Notices]
[Pages 19642-19643]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-7868]



[[Page 19642]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-427-818]


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

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

SUMMARY: The Department published the preliminary results of a changed 
circumstances review of the antidumping duty order on low enriched 
uranium (LEU) from France on February 10, 2012,\1\ in which the 
Department preliminarily determined that it is appropriate to issue, 
for this entry only, an amendment to the scope of the order to extend 
by 18 months the deadline otherwise applicable to Eurodif S.A. and 
AREVA NP Inc. (collectively, AREVA), for the re-exportation of one 
entry of LEU. We invited parties to comment. Based on comments 
submitted by the parties, the Department is making no changes to the 
Preliminary Results.
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    \1\ See Low Enriched Uranium from France: Preliminary Results of 
Antidumping Duty Changed Circumstances Review, 77 FR 7128 (February 
10, 2012) (Preliminary Results).

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DATES: Effective Date: April 2, 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 antidumping order 
on LEU from France.\2\ The order contains a provision that excludes, 
from the scope of the order, 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 of Sales at Less 
Than Fair Value and Antidumping Duty Order: Low Enriched Uranium 
From France, 67 FR 6680 (February 13, 2002).
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    As for evaluating AREVA's request, the Department published, in 
accordance with sections 751(b)(1) and (d)(1) of the Tariff Act of 
1930, as amended (Act), and 19 CFR 351.216, the Preliminary Results, in 
which we determined 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 determined that it was 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. 
We invited parties to comment on the Preliminary Results. On February 
17, 2012, AREVA timely submitted a letter in support of the 
Department's Preliminary Results. On February 24, 2012, USEC Inc. and 
United States Enrichment Corporation (collectively, USEC), timely 
submitted a letter indicating that it had no objection to the 
Department's Preliminary Results and proposing language to be used in 
amending the certifications that are required to be filed with U.S. 
Customs and Border Protection (CBP) by parties involved in re-
exportation of LEU.

Scope of the Order

    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 the order is dispositive.

Final Results of Changed Circumstances Review

    Because no parties have submitted comments opposing the 
Department's Preliminary Results, and because there is no other 
information or evidence on the record that calls into question the 
Preliminary Results, the Department determines that the deadline for 
re-exportation of this sole entry should be extended by 18 months, to 
no later than November 1, 2013. AREVA and the end-user will be required 
to amend the certifications they provided to CBP at the time of 
importation, prior to the original deadline for re-exportation of this 
entry, i.e., May 1, 2012. In its comments, USEC proposed language for 
amending the certifications the Department is requiring AREVA and its 
end-user to provide. The Department agrees with USEC's recommendation, 
and will issue such instructions to CBP for implementation.

Instructions to CBP

    The Department will inform CBP that the deadline for re-exportation 
of this single entry only is extended to November 1, 2013. The 
Department will instruct CBP to collect amended certifications from 
AREVA and its end-user by May 1, 2012.

Notification

    This notice serves as a reminder to parties subject to 
administrative

[[Page 19643]]

protective order (APO) of their responsibility concerning the 
disposition of proprietary information disclosed under APO in 
accordance with 19 CFR 351.306. Timely written notification of the 
return/destruction of APO materials or conversion to judicial 
protective order is hereby requested. Failure to comply with the 
regulations and terms of an APO is a sanctionable violation.
    We are issuing and publishing these final results and notice in 
accordance with sections 751(b) of the Act and 19 CFR 351.216 and 
351.221(c)(3).

    Dated: March 26, 2012.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2012-7868 Filed 3-30-12; 8:45 am]
BILLING CODE 3510-DS-P