[Federal Register Volume 84, Number 51 (Friday, March 15, 2019)]
[Notices]
[Pages 9493-9494]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-04882]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-427-818]
Low-Enriched Uranium From France: Final Results of Sunset Review
and Revocation of Antidumping Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On November 1, 2018, the Department of Commerce (Commerce)
initiated a sunset review of the antidumping duty order on low-enriched
uranium (LEU) from France. Because no domestic interested party
responded to the sunset review notice of initiation by the applicable
deadline, Commerce is revoking the antidumping duty order on LEU from
France.
DATES: Applicable March 15, 2019.
FOR FURTHER INFORMATION CONTACT: Jacqueline Arrowsmith or Charlotte
Baskin-Gerwitz, AD/CVD Operations, Office VII, Enforcement and
Compliance, International Trade Administration, U.S. Department of
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone:
(202) 482-5255 or (202) 482-4880, respectively.
SUPPLEMENTARY INFORMATION: On February 13, 2002, Commerce issued an
antidumping duty order on imports of low-enriched uranium from
France.\1\ In the first two sunset reviews, Commerce and the
International Trade Commission (ITC) determined that continuation of
the order was warranted.\2\ On November 1, 2018, Commerce initiated the
current sunset review pursuant to section 751(c) of the Tariff Act of
1930, as amended (the Act) and 19 CFR 351.218.\3\
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\1\ See Low Enriched Uranium from France; Notice of Amended
Final Determination of Sales at Less Than Fair Value and Antidumping
Duty Order, 67 FR 6880 (February 13, 2002).
\2\ See Low Enriched Uranium from France; Continuation of
Antidumping Order, 73 FR 449 (January 3, 2008); Low Enriched Uranium
from France; Continuation of Antidumping Order, 78 FR 77650
(December 24, 2013).
\3\ See Low Enriched Uranium from France; Initiation of Five-
Year (Sunset) Reviews, 83 FR 54915 (November 1, 2018) (Initiation
Notice).
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We did not receive a notice of intent to participate from the
domestic interested parties in this sunset review. As a result, in
accordance with 19 CFE 351.218(d)(1)(iii)(A), Commerce has determined
that no domestic interested party intends to participate in the sunset
review. On November 28, 2018, Commerce notified the ITC in writing that
we intend to revoke the antidumping duty order on low-enriched uranium
from France.\4\ Commerce exercised its discretion to toll all deadlines
affected by the partial federal government closure from December 22,
2018, through the resumption of operations on January 29, 2019.\5\ If
the new deadline falls on a non-business day, in accordance with
Commerce's practice, the deadline will become the next business day.
The revised deadline for the Revocation Order is now March 11, 2019.
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\4\ See Department Letter re: Sunset Reviews Initiated on May 1,
2018, dated May 18, 2018.
\5\ See memorandum to the Record from Gary Taverman, Deputy
Assistant Secretary for Antidumping and Countervailing Duty
Operations, performing the non-exclusive functions and duties of the
Assistant Secretary for Enforcement and Compliance, ``Deadlines
Affected by the Partial Shutdown of the Federal Government,'' dated
January 28, 2019. All deadlines in this segment of the proceeding
have been extended by 40 days.
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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 this order.
Specifically, this order does not cover enriched uranium hexafluoride
with a U\235\ assay of 20
[[Page 9494]]
percent or greater, also known as highly-enriched uranium. In addition,
fabricated low-enriched uranium is not covered by the scope of this
order. For the purposes of this 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 this order.
Also excluded from this 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 designated 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 written description
of the merchandise is dispositive.
Revocation
Pursuant to section 751(c)(3)(A) of the Act and 19 CFR
351.218(d)(1)(iii)(B)(3), if no domestic interested parties respond to
a notice of initiation, Commerce shall, within 90 days after the
initiation of the review, revoke the order. Because no domestic
interested party filed a notice of intent to participate in this sunset
review, we are revoking the antidumping duty order on LEU from France.
Effective Date of Revocation
Pursuant to sections 751(c)(3)(A) and 751(c)(6)(A)(iii) of the Act,
and 19 CFR 351.222(i)(2)(i), Commerce will instruct U.S. Customs and
Border Protection to terminate the suspension of liquidation of the
merchandise subject to this order entered, or withdrawn from warehouse,
on or after December 24, 2018, the fifth anniversary of the date of
publication of the last continuation notice. Entries of subject
merchandise prior to the effective date of revocation will continue to
be subject to suspension of liquidation and antidumping duty deposit
requirements. Commerce will complete any pending reviews of these
orders and will conduct administrative reviews of subject merchandise
entered prior to the effective date of revocation in response to
appropriately filed requests for review.
These five-year (sunset) reviews and this notice are issued and
published in accordance with sections 751(c) and 777(i)(1) of the Act.
Dated: March 12, 2019.
P. Lee Smith,
Deputy Assistant Secretary for Policy and Negotiations.
[FR Doc. 2019-04882 Filed 3-14-19; 8:45 am]
BILLING CODE 3510-DS-P