19642 Federal Register / Vol. 77, No. 63 / Monday, April 2, 2012 / Notices 

1See Low Enriched Uranium from France: 

Preliminary Results of Antidumping Duty Changed 

Circumstances Review, 77 FR 7128 (February 10, 

2012) (Preliminary Results). 

2See 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). 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–427–818] 

Low Enriched Uranium From France: 

Final Results of Antidumping Duty 

Changed Circumstances Review 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The Department published 

the preliminary results of a changed 

circumstances review of the 

antidumping duty order on low 

enriched uranium (LEU) from France on 

February 10, 2012,1 in which the 

Department preliminarily determined 

that it is appropriate to issue, for this 

entry only, an amendment to the scope 

of the order to extend by 18 months the 

deadline otherwise applicable to 

Eurodif S.A. and AREVA NP Inc. 

(collectively, AREVA), for the reexportation of one entry of LEU. We 

invited parties to comment. Based on 

comments submitted by the parties, the 

Department is making no changes to the 

Preliminary Results. 

DATES: Effective Date: April 2, 2012. 

FOR FURTHER INFORMATION CONTACT: 

Emily Halle or Dana Mermelstein, AD/ 

CVD Operations, Office 6, Import 

Administration, International Trade 

Administration, U.S. Department of 

Commerce, 14th Street and Constitution 

Avenue NW., Washington, DC 20230; 

telephone: (202) 482–0176 or (202) 482– 

1391, respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

On February 13, 2002, the Department 

published an antidumping order on LEU 

from France.2 The order contains a 

provision that excludes, from the scope 

of the order, 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 

(UO2) 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 reexported 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.’’ 

As for evaluating AREVA’s request, 

the Department published, in 

accordance with sections 751(b)(1) and 

(d)(1) of the Tariff Act of 1930, as 

amended (Act), and 19 CFR 351.216, the 

Preliminary Results, in which we 

determined that the evidence provided 

by AREVA is sufficient to establish that 

the circumstances of its request are 

extraordinary, and beyond the control of 

AREVA and the Japanese end-user. 

Therefore, we preliminarily determined 

that it was appropriate, for this entry 

only, to amend the scope of the order 

and to extend the deadline for the reexportation of this sole LEU entry from 

18 months to 36 months. We invited 

parties to comment on the Preliminary 

Results. On February 17, 2012, AREVA 

timely submitted a letter in support of 

the Department’s Preliminary Results. 

On February 24, 2012, USEC Inc. and 

United States Enrichment Corporation 

(collectively, USEC), timely submitted a 

letter indicating that it had no objection 

to the Department’s Preliminary Results 

and proposing language to be used in 

amending the certifications that are 

required to be filed with U.S. Customs 

and Border Protection (CBP) by parties 

involved in re-exportation of LEU. 

Scope of the Order 

The product covered by the order is 

all low enriched uranium (LEU). LEU is 

enriched uranium hexafluoride (UF6) 

with a U235 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 

LEU produced through the downblending of highly enriched uranium). 

Certain merchandise is outside the 

scope of the order. Specifically, the 

order does not cover enriched uranium 

hexafluoride with a U235 assay of 20 

percent or greater, also known as highly 

enriched uranium. In addition, 

fabricated LEU is not covered by the 

scope of the order. For purposes of the 

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 U235

concentration of no greater than 0.711 

percent and natural uranium 

concentrates converted into uranium 

hexafluoride with a U235 concentration 

of no greater than 0.711 percent are not 

covered by the scope of the order. 

Also excluded from the 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 (UO2) 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 reexported 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 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 

subject to the order is dispositive. 

Final Results of Changed 

Circumstances Review 

Because no parties have submitted 

comments opposing the Department’s 

Preliminary Results, and because there 

is no other information or evidence on 

the record that calls into question the 

Preliminary Results, the Department 

determines that the deadline for reexportation of this sole entry should be 

extended by 18 months, to no later than 

November 1, 2013. AREVA and the enduser will be required to amend the 

certifications they provided to CBP at 

the time of importation, prior to the 

original deadline for re-exportation of 

this entry, i.e., May 1, 2012. In its 

comments, USEC proposed language for 

amending the certifications the 

Department is requiring AREVA and its 

end-user to provide. The Department 

agrees with USEC’s recommendation, 

and will issue such instructions to CBP 

for implementation. 

Instructions to CBP 

The Department will inform CBP that 

the deadline for re-exportation of this 

single entry only is extended to 

November 1, 2013. The Department will 

instruct CBP to collect amended 

certifications from AREVA and its enduser by May 1, 2012. 

Notification 

This notice serves as a reminder to 

parties subject to administrative 

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Federal Register / Vol. 77, No. 63 / Monday, April 2, 2012 / Notices 19643 

protective order (APO) of their 

responsibility concerning the 

disposition of proprietary information 

disclosed under APO in accordance 

with 19 CFR 351.306. Timely written 

notification of the return/destruction of 

APO materials or conversion to judicial 

protective order is hereby requested. 

Failure to comply with the regulations 

and terms of an APO is a sanctionable 

violation. 

We are issuing and publishing these 

final results and notice in accordance 

with sections 751(b) of the Act and 19 

CFR 351.216 and 351.221(c)(3). 

Dated: March 26, 2012. 

Paul Piquado, 

Assistant Secretary for Import 

Administration. 

[FR Doc. 2012–7868 Filed 3–30–12; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

Initiation of Five-Year (‘‘Sunset’’) 

Review 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: In accordance with section 

751(c) of the Tariff Act of 1930, as 

amended (‘‘the Act’’), the Department of 

Commerce (‘‘the Department’’) is 

automatically initiating a five-year 

review (‘‘Sunset Review’’) of the 

antidumping duty orders listed below. 

The International Trade Commission 

(‘‘the Commission’’) is publishing 

concurrently with this notice its notice 

of Institution of Five-Year Review which 

covers the same orders. 

DATES: Effective Date: April 1, 2012. 

FOR FURTHER INFORMATION CONTACT: The 

Department official identified in the 

Initiation of Review section below at 

AD/CVD Operations, Import 

Administration, International Trade 

Administration, U.S. Department of 

Commerce, 14th Street and Constitution 

Avenue NW., Washington, DC 20230. 

For information from the Commission 

contact Mary Messer, Office of 

Investigations, U.S. International Trade 

Commission at (202) 205–3193. 

SUPPLEMENTARY INFORMATION: 

Background 

The Department’s procedures for the 

conduct of Sunset Reviews are set forth 

in its Procedures for Conducting FiveYear (‘‘Sunset’’) Reviews of 

Antidumping and Countervailing Duty 

Orders, 63 FR 13516 (March 20, 1998) 

and 70 FR 62061 (October 28, 2005). 

Guidance on methodological or 

analytical issues relevant to the 

Department’s conduct of Sunset 

Reviews is set forth in the Department’s 

Policy Bulletin 98.3—Policies Regarding 

the Conduct of Five-Year (‘‘Sunset’’) 

Reviews of Antidumping and 

Countervailing Duty Orders: Policy 

Bulletin, 63 FR 18871 (April 16, 1998), 

and in Antidumping Proceedings: 

Calculation of the Weighted-Average 

Dumping Margin and Assessment Rate 

in Certain Antidumping Duty 

Proceedings; Final Modification, 77 FR 

8101 (February 14, 2012). 

Initiation of Review 

In accordance with 19 CFR 

351.218(c), we are initiating the Sunset 

Review of the following antidumping 

duty orders: 

DOC Case No. ITC Case No. Country Product Department 

contact 

A–570–866 ......................... 731–TA–921 ...................... China ................................. Folding Gift Boxes (2nd Review) Jennifer Moats, 

(202) 482–5047 

A–428–820 ......................... 731–TA–709 ...................... Germany ............................ Seamless Pipe and Pressure

Pipe (3rd Review).

Dana Mermelstein, 

(202) 482–1391 

Filing Information 

As a courtesy, we are making 

information related to Sunset 

proceedings, including copies of the 

pertinent statue and Department’s 

regulations, the Department schedule 

for Sunset Reviews, a listing of past 

revocations and continuations, and 

current service lists, available to the 

public on the Department’s Internet 

Web site at the following address: 

http://ia.ita.doc.gov/sunset/. All 

submissions in these Sunset Reviews 

must be filed in accordance with the 

Department’s regulations regarding 

format, translation, and service of 

documents. These rules can be found at 

19 CFR 351.303. 

This notice serves as a reminder that 

any party submitting factual information 

in an AD/CVD proceeding must certify 

to the accuracy and completeness of that 

information. See section 782(b) of the 

Act. Parties are hereby reminded that 

revised certification requirements are in 

effect for company/government officials 

as well as their representatives in all 

AD/CVD investigations or proceedings 

initiated on or after March 14, 2011. See 

Certification of Factual Information to 

Import Administration During 

Antidumping and Countervailing Duty 

Proceedings: Interim Final Rule, 76 FR 

7491 (February 10, 2011) (‘‘Interim Final 

Rule’’) amending 19 CFR 351.303(g)(1) 

and (2) and supplemented by 

Certification of Factual Information To 

Import Administration During 

Antidumping and Countervailing Duty 

Proceedings: Supplemental Interim 

Final Rule, 76 FR 54697 (September 2, 

2011). The formats for the revised 

certifications are provided at the end of 

the Interim Final Rule. The Department 

intends to reject factual submissions if 

the submitting party does not comply 

with the revised certification 

requirements. 

Pursuant to 19 CFR 351.103(d), the 

Department will maintain and make 

available a service list for these 

proceedings. To facilitate the timely 

preparation of the service list(s), it is 

requested that those seeking recognition 

as interested parties to a proceeding 

contact the Department in writing 

within 10 days of the publication of the 

Notice of Initiation. 

Because deadlines in Sunset Reviews 

can be very short, we urge interested 

parties to apply for access to proprietary 

information under administrative 

protective order (‘‘APO’’) immediately 

following publication in the Federal 

Register of this notice of initiation by 

filing a notice of intent to participate. 

The Department’s regulations on 

submission of proprietary information 

and eligibility to receive access to 

business proprietary information under 

APO can be found at 19 CFR 351.304– 

306. 

Information Required From Interested 

Parties 

Domestic interested parties defined in 

section 771(9)(C), (D), (E), (F), and (G) of 

the Act and 19 CFR 351.102(b) wishing 

to participate in a Sunset Review must 

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