[Federal Register Volume 73, Number 2 (Thursday, January 3, 2008)]
[Notices]
[Pages 449-450]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-6279]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-427-818]


Continuation of Antidumping Duty Order on Low Enriched Uranium 
From France

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

SUMMARY: As a result of the determination by the Department of Commerce 
(the Department) and the International Trade Commission (ITC) that 
revocation of the antidumping duty order on Low Enriched Uranium (LEU) 
from France would likely lead to a continuation or recurrence of 
dumping and material injury to an industry in the United States, the 
Department is publishing a notice of continuation for this antidumping 
duty order.

DATES: Effective Date: January 3, 2008.
    Contact Information: Douglas Kirby 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-
3782 or (202) 482-1391, respectively.

SUPPLEMENTARY INFORMATION:

Background

    The Department initiated and the ITC instituted sunset reviews of 
the antidumping duty order on LEU from France, pursuant to section 
751(c) of the Tariff Act of 1930, as amended (the Act). See Initiation 
of Five-Year (``Sunset'') Reviews, 72 FR 100 (January 3, 2007) (Notice 
of Initiation).
    As a result of its review, the Department found that a revocation 
of the antidumping duty order would likely lead to a continuation or 
recurrence of dumping, and therefore notified the ITC of the magnitude 
of the margins likely to prevail were the order to be revoked. See 
Final Results of Expedited Sunset Review: Countervailing Duty Order on 
Low

[[Page 450]]

Enriched Uranium from France, 72 FR 26603 (May 10, 2007).
    On December 13, 2007, the ITC determined, pursuant to section 
751(c) of the Act, that a revocation of the antidumping duty order on 
LEU from France would likely lead to a continuation or recurrence of 
material injury to an industry in the United States within a reasonably 
foreseeable time: See Low Enriched Uranium from France; 72 FR 71954 
(December 19, 2007), and USITC Publication 3967 (December 2007), (Inv. 
No. 731-TA-909) (Review).

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\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 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.

 Continuation of Order

    As a result of these determinations by the Department and the ITC 
that a revocation of the antidumping duty order would likely lead to a 
continuation or recurrence of dumping and material injury to an 
industry in the United States, pursuant to section 751(d)(2) of the 
Act, the Department hereby orders the continuation of the antidumping 
duty order on LEU from France. U.S. Customs and Border Protection will 
continue to collect antidumping duty cash deposits at the rates in 
effect at the time of entry for all imports of subject merchandise.
    The effective date of the continuation of this order will be the 
date of publication in the Federal Register of this notice of 
continuation. Pursuant to sections 751(c)(2) and 751(c)(6)(A) of the 
Act, the Department intends to initiate the next five-year review of 
this order no later than November 2012.
    This five-year (sunset) review and this notice are in accordance 
with section 751(c) of the Act and published pursuant to section 
777(i)(1) of the Act.

    Dated: December 26, 2007.
Stephen J. Claeys,
Acting Assistant Secretary for Import Administration.
[FR Doc. 07-6279 Filed 1-02-08; 8:45 am]
BILLING CODE 3510-DS-M