[Federal Register Volume 79, Number 188 (Monday, September 29, 2014)]
[Notices]
[Pages 58322-58324]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-23133]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-427-818]


Low-Enriched Uranium From France: Final Results of Antidumping 
Duty Administrative Review; 2012-2013

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: On March 24, 2014, the Department of Commerce (the Department) 
published the preliminary results of the administrative review of the 
antidumping duty order on low-enriched uranium (LEU) from France.\1\ 
The review covers one producer or exporter of the subject merchandise, 
Eurodif S.A., AREVA NC, and AREVA NC, Inc. (collectively AREVA). The 
Department determines that AREVA made no shipments of subject 
merchandise during the POR.
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    \1\ See Low Enriched Uranium from France; Preliminary Results of 
Antidumping Duty Administrative Review; 2012-2013, 79 FR 15955 
(March 24, 2014) (Preliminary Results).

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DATES: Effective Date: September 29, 2014.

FOR FURTHER INFORMATION CONTACT: Andrew Huston, 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.

SUPPLEMENTARY INFORMATION:

Background

    Since the Preliminary Results, the following events have taken 
place: the Department received timely case briefs from USEC Inc., and 
the United States Enrichment Corporation (collectively Petitioners), 
and AREVA on April 23, 2014. Petitioners, AREVA, and Global

[[Page 58323]]

Nuclear Fuel--Americas, filed timely rebuttal briefs on April 28, 2014.

Period of Review

    The period of review (POR) is February 1, 2012, through January 31, 
2013.

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).\2\
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    \2\ For a full description of the scope of the order, see 
``Decision Memorandum for the Final Results of Antidumping Duty 
Administrative Review: Low-Enriched Uranium from France: 2012-2013'' 
from Christian Marsh, Deputy Assistant Secretary for Antidumping and 
Countervailing Duty Operations to Paul Piquado, Assistant Secretary 
for Enforcement and Compliance (Issues and Decision Memorandum), 
dated concurrently with these results and herby adopted by this 
notice.
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Analysis of Comments Received

    All issues raised by the parties in the case and rebuttal briefs 
are addressed in the Issues and Decision Memorandum. A list of the 
issues addressed in the Issues and Decision Memorandum is appended to 
this notice. The Issues and Decision Memorandum is a public document 
and is available electronically via Enforcement and Compliance's 
Antidumping and Countervailing Duty Centralized Electronic Services 
System (IA ACCESS). IA ACCESS is available to registered users at 
http://iaacess.trade.gov, and it is available to all parties in the 
Central Records Unit of the main Commerce Building, room 7046. In 
addition, a complete version of the Issues and Decision Memorandum is 
also accessible on the internet at http://enforcement.trade.gov/frn/index.html. The signed Issues and Decision Memorandum and the 
electronic versions of the Issues and Decision Memorandum are identical 
in content.

Changes Since the Preliminary Results

    There has been no change to the Department's preliminary decision 
that AREVA had no shipments subject to the antidumping duty order. We 
revised the entry requirements and review process for merchandise 
conditionally excluded from the scope of the order, as discussed in the 
Issues and Decision Memorandum.\3\
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    \3\ See Comment 3 and ``Suspension of Liquidation'' section of 
the Issues and Decision Memorandum.
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Determination of No Shipments

    We determine that AREVA had no shipments of merchandise subject to 
the antidumping duty order on LEU from France during the POR.

Determination of Revised Entry Requirements

    To ensure proper enforcement of the order, the Department now 
determines that it is appropriate to suspend liquidation for shipments 
of LEU from France that previously entered without the suspension of 
liquidation. Such entries will be suspended, effective the date of 
publication of these final results of review, and cash deposits of 
estimated antidumping duties will be required, at a rate of zero 
percent ad valorem. Such entries will be examined and liquidated in 
accordance with the procedures described in the Issues and Decision 
Memorandum.\4\
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    \4\ Id.
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Assessment Rates

    Since the Department found that AREVA had no shipments during the 
POR, we did not calculate importer-specific assessment rates.
    The Department clarified its ``automatic assessment'' regulation on 
May 6, 2003. This clarification will apply to entries of subject 
merchandise during the POR produced by companies included in the final 
results of review for which these companies did not know that the 
merchandise was destined for the United States. In such instances, we 
will instruct U.S. Customs and Border Protection (CBP) to liquidate un-
reviewed entries at the all-others rate if there is no rate for the 
intermediate company(ies) involved in the transaction.\5\
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    \5\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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    We intend to issue instructions to CBP 15 days after publication of 
the final results of this review.

Cash Deposit Requirements

    The following deposit requirements will be effective for all 
shipments of LEU from France entered, or withdrawn from warehouse, for 
consumption on or after the date of publication of the final results of 
this administrative review, as provided for by section 751(a)(2)(C) of 
the Act: (1) The cash deposit rate for AREVA will remain unchanged from 
the rate assigned to the company in the most recently completed review 
of that company, except for entries for which the importer claims to be 
excluded from the order under the re-export provision of the scope, 
which will require a cash deposit rate of zero percent; (2) for 
previously reviewed or investigated companies not listed above, the 
cash deposit rate will continue to be the company-specific rate 
published for the most recent period with a completed segment of this 
proceeding; (3) if the exporter is not a firm covered in this review, a 
prior review, or the less-than-fair-value investigation, but the 
manufacturer is, the cash deposit rate will be the rate established for 
the most recent period with a completed segment of this proceeding for 
the manufacturer of the merchandise; and (4) the cash deposit rate for 
all other manufacturers or exporters will continue to be 19.95 percent, 
the all-others rate established in the investigation.\6\ Entries 
accompanied by certifications from the exporter, the importer, and the 
end user, indicating that the LEU will be re-exported within 18 months 
will be subject to a cash deposit requirement of zero percent ad 
valorem. These cash deposit requirements, when imposed, shall remain in 
effect until further notice.
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    \6\ 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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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), which 
continues to govern business proprietary information in this segment of 
the proceeding. 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.

Notification to Importers

    This notice serves as a final reminder to the importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this review period. Failure to comply 
with this requirement could result in the Secretary's presumption that 
reimbursement of antidumping

[[Page 58324]]

duties occurred and the subsequent assessment of double antidumping 
duties.

Notification to Interested Parties

    These final results of administrative review are issued and 
published in accordance with sections 751(a)(1) and 777(i)(1) of the 
Act.

    Dated: September 22, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix

Issues in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Issues
    Comment 1: Preliminary Finding of ``No Shipments''
    Comment 2: Filing of Entry Documents
    Comment 3: Administrative Review Process for Merchandise 
Conditionally Excluded From the Scope of the Order
V. Determination of No Shipments
VI. Revised Entry Requirements
VII. Recommendation

[FR Doc. 2014-23133 Filed 9-26-14; 8:45 am]
BILLING CODE 3510-DS-P