[Federal Register Volume 78, Number 216 (Thursday, November 7, 2013)]
[Notices]
[Pages 66898-66899]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-26742]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-427-818]


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

AGENCY: Enforcement and Compliance, formerly Import Administration, 
International Trade Administration, Department of Commerce.

SUMMARY: The Department of Commerce (the Department) has extended the 
deadline, until November 1, 2015, for the re-exportation of one 
specified entry of low enriched uranium (LEU) that entered under a 
narrow provision excluding it from the scope of the antidumping (AD) 
order.\1\ The Department also determined that this will be the final 
extension of the re-exportation deadline.
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    \1\ See Low Enriched Uranium from France: Initiation of 
Expedited Changed Circumstances Review, and Preliminary Results of 
Changed Circumstances Review, 78 FR 52905 (August 27, 2013) 
(Preliminary Results).

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DATES: Effective: November 7, 2013.

FOR FURTHER INFORMATION CONTACT: Andrew Huston or Mark Hoadley, AD/CVD 
Operations, Office VII, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
4261 or (202) 482-3148, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    Since the publication of the Preliminary Results, the following 
events have taken place. Eurodif S.A. and AREVA NP Inc. (collectively, 
AREVA) submitted comments on September 11, 2013. No other party 
submitted comments and no rebuttal comments were filed.

Scope of the Order

    The product covered by the order is all low-enriched uranium. Low-
enriched uranium 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 low-enriched uranium 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 low-enriched uranium 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 low-enriched uranium 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 low-enriched uranium (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 low-
enriched uranium 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

[[Page 66899]]

written description of the merchandise subject to this proceeding is 
dispositive.

Final Results of Expedited Changed Circumstances Review

    The Department continues to find that changed circumstances exist 
(i.e., the Japanese end-user remains unable to take delivery due to 
ongoing improvements and countermeasures following the March 11, 2011 
earthquake and tsunami in Japan), and that it is appropriate to extend 
the deadline for re-exportation of this sole entry of low-enriched 
uranium. The Department determines that the deadline for re-exportation 
of this sole entry is November 1, 2015, and that this will be the final 
extension. The Department further determines that, if the Japanese end-
user is unable to take delivery by the November 1, 2015 deadline, 
AREVA, the U.S. importer as well as the French exporter, will be 
required to re-export this sole entry to France or pay antidumping 
duties on the entry at the applicable rate. AREVA and the end-user will 
be required to submit amended certifications to U.S. Customs and Border 
Protection (CBP). The Department will release amended certifications to 
parties for comment before AREVA and the end-user are required to 
submit to such certifications to CBP.

Instructions to CBP

    The Department will inform CBP that the deadline for re-exportation 
of the single entry at issue is extended to November 1, 2015. The 
Department will instruct CBP to collect amended certifications from 
AREVA and its end-user within 30 days of publication of these final 
results of changed circumstances review.

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(a)(3). 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 preliminary results and notice 
in accordance with sections 751(b)(1) and 777(i)(1) and (2) of the Act 
and 19 CFR 351.216.

    Dated: October 31, 2013.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2013-26742 Filed 11-6-13; 8:45 am]
BILLING CODE 3510-DS-P