[Federal Register Volume 72, Number 90 (Thursday, May 10, 2007)]
[Notices]
[Pages 26603-26604]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-9037]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-427-819]


Final Results of Expedited Sunset Review: Countervailing Duty 
Order on Low Enriched Uranium from France

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On January 3, 2007, the Department of Commerce (``the 
Department'') initiated a sunset review of the countervailing duty 
(``CVD'') order on low enriched uranium (``LEU'') from France, pursuant 
to section 751(c) of the Tariff Act of 1930, as amended (``the Act''). 
On the basis of a notice of intent to participate and an adequate 
substantive response filed on behalf of a domestic interested party and 
inadequate response from respondent interested parties (in this case, 
no response), the Department determined to conduct an expedited sunset 
review of this CVD order pursuant to section 751(c)(3)(B) of the Act 
and 19 CFR 351.218(e)(1)(ii)(B). As a result of this sunset review, the 
Department finds that revocation of the CVD order would be likely to 
lead to continuation or recurrence of a countervailable subsidy at the 
level indicated in the ``Final Results of Review'' section of this 
notice.

EFFECTIVE DATE: May 10, 2007.

FOR FURTHER INFORMATION CONTACT: Kristen Johnson or Brandon Farlander, 
AD/CVD Operations, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street & Constitution 
Avenue NW, Washington, DC 20230; telephone: (202) 482-4793 or (202) 
482-0182, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On January 3, 2007, the Department initiated a sunset review of the 
CVD order on LEU from France pursuant to section 751(c) of the Act. See 
Initiation of Five-year (``Sunset'') Reviews, 72 FR 100 (January 3, 
2007). On January 16, 2007, the Department received a notice of 
appearance on behalf of Eurodif S.A., a French producer of LEU, and its 
affiliated companies, including AREVA, an owner of Eurodif, and AREVA 
NC and AREVA NC, Inc., (collectively, ``Eurodif/AREVA'').\1\ Eurodif/
AREVA is an interested party under section 771(9)(A) of the Act. On 
January 18, 2007, the Department received a notice of intent to 
participate on behalf of USEC Inc. and its subsidiary, United States 
Enrichment Corporation (collectively, ``USEC''), a domestic interested 
party. USEC, a domestic producer of LEU, is an interested party under 
section 771(9)(C) of the Act.
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    \1\ AREVA was previously known as Compagnie Generale des 
Matieres Nucleaires (``COGEMA'').
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    On February 2, 2007, the Department received a complete substantive 
response from USEC within the 30-day deadline specified in 19 CFR 
351.218(d)(3)(i). However, the Department did not receive a substantive 
response from any government or respondent interested party to this 
proceeding. As a result, pursuant to section 751(c)(3)(B) of the Act 
and 19 CFR 351.218(e)(1)(ii)(C)(2), the Department conducted an 
expedited sunset review of this CVD order.

Scope of the Order

    The product covered by this order is all LEU. LEU is enriched 
uranium hexafluoride (UF<INF>6</INF>) with a U\235\ product assay of 
less than 20 percent that has not been converted into another chemical 
form, such as UO<INF>2</INF>, 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\235\ assay of 20 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<INF>2</INF>), whether or not 
contained in nuclear fuel rods or assemblies. Natural uranium 
concentrates (U<INF>3</INF>O<INF>8</INF>) 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 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<INF>2</INF>) 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

[[Page 26604]]

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 this review are addressed in the Issues and 
Decision Memorandum (``Decision Memorandum'') from Stephen J. Claeys, 
Deputy Assistant Secretary for Import Administration, to David M. 
Spooner, Assistant Secretary for Import Administration, dated May 2, 
2007, which is hereby adopted by this notice. Parties can find a 
complete discussion of all issues raised in this review and the 
corresponding recommendation in this public memorandum which is on file 
in the Central Records Unit room B-099 of the main Commerce building. 
In addition, a complete version of the Decision Memorandum can be 
accessed directly on the 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

    The Department determines that revocation of the CVD order would be 
likely to lead to continuation or recurrence of a countervailable 
subsidy at the rates listed below:

------------------------------------------------------------------------
                                                              Net
                 Producers/Exporters                    Countervailable
                                                       Subsidy (percent)
------------------------------------------------------------------------
Eurodif S.A. and AREVA NC...........................    12.15 ad valorem
All Others..........................................    12.15 ad valorem
------------------------------------------------------------------------

Notification Regarding Administrative Protective Order

    This notice serves as the only reminder to parties subject to 
administrative protective order (``APO'') of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305. Timely 
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.
    We are issuing and publishing the results and notice are in 
accordance with sections 751(c), 752, and 777(i)(1) of the Act.

    Dated: May 2, 2007.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E7-9037 Filed 5-9-07; 8:45 am]
BILLING CODE 3510-DS-S