[Federal Register Volume 72, Number 90 (Thursday, May 10, 2007)]
[Notices]
[Pages 26593-26595]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-9038]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-427-818]


Low Enriched Uranium From France: Final Results of Expedited 
Sunset Review of the Antidumping Duty Order

AGENCY: Import Administration, International Trade Administration, U.S. 
Department of Commerce.

EFFECTIVE DATE: May 10, 2007.

FOR FURTHER INFORMATION CONTACT: Myrna Lobo or Douglas Kirby, Office 6, 
AD/CVD Operations, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482-
2371, or (202) 482-3782, respectively.
SUMMARY: On January 3, 2007, the Department of Commerce (the 
Department) initiated a sunset review of the antidumping duty 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 domestic interested parties and an inadequate response from 
respondent interested party, the Department has conducted an expedited 
(120-day) sunset review of this order pursuant to section 751(c)(3)(B) 
and section 351.218(e)(1)(ii)(C)(2) of the Department's regulations. As 
a result of this sunset review, the Department finds that revocation of 
the antidumping duty order is likely to lead to continuation or 
recurrence of dumping at the level indicated in the ``Final Results of 
Review'' section of this notice.

SUPPLEMENTARY INFORMATION:

Background

    On January 3, 2007, the Department published the notice of 
initiation of the first sunset review of the antidumping duty 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). The 
Department received a notice of intent to participate from USEC Inc. 
and its subsidiary United States Enrichment Corporation (collectively 
USEC), the domestic party, within the deadline specified in section 
351.218(d)(1)(i) of the Department's regulations (Sunset Regulations). 
USEC claimed interested party status under section 771(9)(C) of the 
Act, as a domestic producer of LEU. The Department also received a 
timely notice of appearance from respondent

[[Page 26594]]

interested party Eurodif S.A.\1\ (Eurodif), a French producer and 
exporter of LEU. Eurodif claimed interested party status under section 
771(9)(A) of the Act. On February 2, 2007, the Department received a 
complete substantive response from USEC, within the 30-day deadline 
specified in section 351.218(d)(3)(i) of the Department's regulations. 
On the same day, the Department received a substantive response from 
Eurodif. In addition, on the same day, the Department received a notice 
of appearance and a substantive response from the Ad Hoc Utilities 
Group \2\ (AHUG), an industry group comprised of owners and operators 
of U.S. nuclear power plants. Although AHUG claimed respondent 
interested party status under section 771(9)(A) of the Act, the 
Department determined it was not a respondent or an interested party 
pursuant to section 771(9)(A) of the Act. See Memorandum to Stephen J. 
Claeys, Deputy Assistant Secretary for Import Administration; Sunset 
Review of the Antidumping Duty Order on Low Enriched Uranium from 
France: Adequacy Determination dated February 22, 2007 (Adequacy 
Memorandum), which is on file in B-099, the Central Records Unit of the 
main Commerce building (CRU). Also see Memorandum to Stephen J. Claeys, 
Deputy Assistant Secretary for Import Administration; Comments 
Regarding Adequacy Determination: Sunset Review of the Antidumping Duty 
Order on Low Enriched Uranium from France, dated April 5, 2007 
(Comments to Adequacy Memorandum), which is also on file in the CRU. 
The Department found that Eurodif's response was not adequate and 
therefore determined to conduct an expedited review. See Adequacy 
Memorandum. Subsequently, comments to the Department's Adequacy 
Memorandum were received from all parties. In those comments, USEC 
supported the Department's determination to conduct an expedited 
review, while Eurodif and AHUG argued in favor of a full sunset review. 
The Department responded to these comments, affirming it would not 
reverse its decision to conduct an expedited review in its Comments to 
Adequacy Memorandum. Accordingly, pursuant to section 751(c)(3)(B) of 
the Act and section 351.218(e)(1)(ii)(C)(2) of the Department's 
regulations, the Department conducted an expedited (120-day) sunset 
review of this order.
---------------------------------------------------------------------------

    \1\ Eurodif S.A.'s affiliate companies are AREVA (formerly 
Compagnie Generale des Matieres Nucleaires (COGEMA)), an owner of 
Eurodif, AREVA NC and AREVA NC, Inc., sellers of enrichment 
services.
    \2\ The members of AHUG are Constellation Energy Group, Inc., 
Dominion Energy Kewaunee, Inc., Dominion Nuclear Connecticut, Inc., 
Duke Energy Corp., Entergy Services, Inc., Exelon Generation Co., 
LLC, Nebraska Public Power District, Pacific Gas & Electric Co., PPL 
Susquehanna, LLC, Progress Energy Carolinas, Inc., Progress Energy 
Florida, Inc., Southern California Edison Co., Southern Nuclear 
Operating Co., Union Electric Co. (d/b/a/ Ameren UE), TXU Generation 
Co. LP, and Virginia Electric & Power Co.
---------------------------------------------------------------------------

Scope of the Order

    The product covered by this order is all low enriched uranium 
(LEU). LEU is enriched uranium hexafluoride (UF<INF>6</INF>) with a 
U<SUP>235</SUP> 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<SUP>235</SUP> 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<SUP>235</SUP> 
concentration of no greater than 0.711 percent and natural uranium 
concentrates converted into uranium hexafluoride with a U<SUP>235</SUP> 
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 designed 
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 this review are addressed in the Issues and 
Decision Memorandum for Final Results of Expedited Sunset Review of the 
Antidumping Duty Order on Low Enriched Unranium from France (Decision 
Memorandum) from Stephen J. Claeys, Deputy Assistant Secretary for 
Import Administration, to David M. Spooner, Assistant Secretary for 
Import Administration, dated May 3, 2007, which is hereby adopted by 
this notice. The issues discussed in the Decision Memorandum include 
the likelihood of continuation or recurrence of dumping and the 
magnitude of the margins likely to prevail if the order were to be 
revoked. Parties can find a complete discussion of all issues raised in 
this review and the corresponding recommendations in this public 
memorandum which is on file in the CRU. 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 versions of 
the Decision Memorandum are identical in content.

Final Results of Review

    The Department determines that revocation of the antidumping duty 
order on low enriched uranium from France would be likely to lead to 
continuation or recurrence of dumping at the following weighted-average 
percentage margins:

------------------------------------------------------------------------
                                                             Weighted
                                                              average
           Manufacturers/exporters/ producers                 margin
                                                             (percent)
------------------------------------------------------------------------
Eurodif/AREVA...........................................           19.95
All Others..............................................           19.95
------------------------------------------------------------------------

International Trade Commission (ITC) Notification

    Pursuant to section 752(c)(3) of the Act, we will notify the ITC of 
the final results of this expedited sunset review.

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 disposition 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

[[Page 26595]]

and the terms of an APO is a violation which is subject to sanction.
    This notice is issued and published in accordance with sections 
751(c), 752, and 777(i)(1) of the Act.

    Dated: May 3, 2007.
David M. Spooner,
Assistant Secretary for Import Administration.
 [FR Doc. E7-9038 Filed 5-9-07; 8:45 am]
BILLING CODE 3510-DS-P