18 August 2006

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[Federal Register: August 18, 2006 (Volume 71, Number 160)]

[Notices]               

[Page 47774-47775]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr18au06-42]                         



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DEPARTMENT OF COMMERCE



International Trade Administration



[C-427-819]



 

Final Results of Countervailing Duty Administrative Review: Low 

Enriched Uranium from France



AGENCY: Import Administration, International Trade Administration, 

Department of Commerce.

SUMMARY: On February 15, 2006, the Department of Commerce (``the 

Department'') published in the Federal Register its preliminary results 

of administrative review of the countervailing duty (``CVD'') order on 

low enriched uranium (``LEU'') from France for the period January 1, 

2004, through December 31, 2004 (see Notice of Preliminary Results of 

Countervailing Duty Administrative Review: Low Enriched Uranium from 

France, 71 FR 7924 (February 15, 2006) (``LEU 2004 Preliminary 

Results'')). The Department has now completed the administrative review 

in accordance with section 751(a) of the Tariff Act of 1930, as amended 

(``the Act'').

    Based on our analysis of the comments received, the Department has 

not revised the net subsidy rate for Eurodif S.A. (``Eurodif'')/

Compagnie Generale Des Matieres Nucleaires (``COGEMA''), the producer/

exporter of subject merchandise covered by this review. For further 

discussion of our analysis of the comments received for these final 

results, see the August 14, 2006, Issues and Decision Memorandum from 

Stephen J. Claeys, Deputy Assistant Secretary for Import 

Administration, to David M. Spooner, Assistant Secretary for Import 

Administration, concerning the Final Results of Countervailing Duty 

Administrative Review: Low Enriched Uranium from France (``LEU 2004 

Decision Memorandum''). The final net subsidy rate for Eurodif/COGEMA 

is listed below in ``Final Results of Review.''



EFFECTIVE DATE: August 18, 2006.



FOR FURTHER INFORMATION CONTACT: Kristen Johnson, AD/CVD Operations, 

Office 3, Import Administration, U.S. Department of Commerce, Room 

4014, 14th Street and Constitution Avenue, NW, Washington, DC 20230; 

telephone: (202) 482-4793.



SUPPLEMENTARY INFORMATION:



Background



    On February 15, 2006, the Department published in the Federal 

Register the preliminary results for this review (see LEU 2004 

Preliminary Results). We invited interested parties to comment on the 

results. On March 20, 2006, we received case briefs from petitioners\1\ 

and Eurodif/COGEMA and the Government of France (``GOF''), the 

respondents. On March 23, 2006, and March 24, 2006, we received 

rebuttal briefs from respondents and petitioners, respectively. On May 

2, 2006, the Department published in the Federal Register a notice of 

extension of the deadline for the final results of this administrative 

review. See Low Enriched Uranium from France: Extension of Time Limit 

for Final Results of Countervailing Duty Administrative Review, 71 FR 

25813 (May 2, 2006).

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    \1\ Petitioners are the United States Enrichment Corporation 

(``USEC'') and USEC Inc.

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    Pursuant to 19 CFR 351.213(b), this review covers only those 

producers or exporters of the subject merchandise for which a review 

was specifically requested. Accordingly, this review covers only 

Eurodif/COGEMA. The review covers the period January 1, 2004, through 

December 31, 2004, and two programs.



Scope of the Order



    The product covered by this order is all LEU. LEU is enriched 

uranium hexafluoride (UF[bdi6]) with a U[bdi2][bdi3][bdi5] product 

assay of less than 20 percent that has not been converted into another 

chemical form, such as UO[bdi2], 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 this order. 

Specifically, this order does not cover enriched uranium hexafluoride 

with a U[bdi2][bdi3][bdi5] assay of 20



[[Page 47775]]



percent or greater, also known as highly enriched uranium. In addition, 

fabricated LEU is not covered by the scope of this order. For purposes 

of this order, fabricated uranium is defined as enriched uranium 

dioxide (UO[bdi2]), whether or not contained in nuclear fuel rods or 

assemblies. Natural uranium concentrates (U[bdi3]O[bdi8]) with a 

U[bdi2][bdi3][bdi5] concentration of no greater than 0.711 percent and 

natural uranium concentrates converted into uranium hexafluoride with a 

U[bdi2][bdi3][bdi5] concentration of no greater than 0.711 percent are 

not covered by the scope of this order.

    Also excluded from this 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 (UO[bdi2]) 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 designated 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 currently classifiable 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.



Analysis of Comments Received



    All issues raised in the case and rebuttal briefs by parties to 

this review are addressed in the LEU 2004 Decision Memorandum, which is 

hereby adopted by this notice. A list of the issues contained in that 

decision memorandum is attached to this notice as Appendix I. Parties 

can find a complete discussion of the issues raised in this review and 

the corresponding recommendations in that public memorandum, which is 

on file in the Central Records Unit, room B-099 of the Main Commerce 

Building. In addition, a complete copy of the LEU 2004 Decision 

Memorandum can be accessed directly on the World Wide Web at http://ia.ita.doc.gov/frn.

 The paper copy and electronic version of the 



decision memorandum are identical in content.



Final Results of Review



    In accordance with section 705(c)(1)(B)(i) of the Act, we 

calculated an ad valorem subsidy rate for Eurodif/COGEMA. For the 

review period, we determine the net subsidy rate to be 5.06 percent ad 

valorem.

    As discussed in Comment 4 of the LEU 2004 Decision Memorandum, we 

have been enjoined from liquidating entries of the subject merchandise. 

Therefore, we do not intend to issue liquidation instructions to U.S. 

Customs and Border Protection (``CBP'') for entries made during the 

period January 1, 2004, through December 31, 2004, until such time as 

the injunctions, issued on June 24, 2002, November 1, 2004, and October 

12, 2005, are lifted.

    We will, however, instruct CBP, within 15 days of publication of 

the final results of this review, to collect cash deposits of estimated 

countervailing duties at 5.06 percent ad valorem of the f.o.b. price on 

all shipments of the subject merchandise from the reviewed entity, 

entered, or withdrawn from warehouse, for consumption on or after the 

date of publication of the final results.

    We will also instruct CBP to continue to collect cash deposits for 

non-reviewed companies at the most recent company-specific rate 

applicable to the company. Accordingly, the cash deposit rate that will 

be applied to non-reviewed companies covered by this order will be the 

rate for that company established in the investigation. See Amended 

Final Determination and Notice of Countervailing Duty Order: Low 

Enriched Uranium from France, 67 FR 6689 (February 13, 2002). The ``all 

others'' rate shall apply to all non-reviewed companies until a review 

of a company assigned this rate is requested.

    This notice also serves as a reminder to parties subject to 

administrative protective order (``APO'') of their responsibility 

concerning the disposition of proprietary information disclosed under 

APO in accordance with 19 CFR 351.305(a)(3). Timely written 

notification of return/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.

    This administrative review and this notice are issued and published 

in accordance with section 751(a)(1) and 777(i)(1) of the Act.



    Dated: August 14, 2006.

Joseph A. Spetrini,

Acting Assistant Secretaryfor Import Administration.



APPENDIX I--ISSUES AND DECISION MEMORANDUM



I. SUBSIDIES VALUATION INFORMATION

     A. Calculation of Ad Valorem Rates

II. ANALYSIS OF PROGRAMS

     A. Programs Determined to Confer Subsidies

     1. Purchases at Prices that Constitute ``More Than Adequate 

Remuneration''

     2. Exoneration/Reimbursement of Corporate Income Taxes

III. TOTAL AD VALOREM RATE

IV. ANALYSIS OF COMMENTS

Comment 1: Adequacy of Remuneration

Comment 2: SWU Benchmark

Comment 3: Rescission

Comment 4: Draft Customs Instructions

[FR Doc. E6-13683 Filed 8-17-06; 8:45 am]



BILLING CODE 3510-DS-S