[Federal Register Volume 74, Number 107 (Friday, June 5, 2009)]
[Notices]
[Pages 27014-27015]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-13198]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-427-818]


Notice of Rescission of Antidumping Duty Administrative Reviews: 
Low Enriched Uranium From France

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

EFFECTIVE DATE: June 5, 2009.

FOR FURTHER INFORMATION CONTACT: Myrna Lobo or Justin Neuman, Office of 
AD/CVD Enforcement VI, 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) 482-0486, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On December 21, 2001, the Department of Commerce (the Department) 
published the antidumping duty order on low enriched uranium from 
France. See 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). On February 4, 2009, the 
Department published in the Federal Register a notice of opportunity to 
request an administrative review of the antidumping order on low 
enriched uranium from France for the period of February 1, 2008 through 
January 31, 2009. See Antidumping or Countervailing Duty Order, 
Finding, or Suspended Investigation; Opportunity to Request 
Administrative Review, 74 FR 6013 (February 4, 2009). On February 19, 
2009, USEC timely requested that the Department conduct an 
administrative review of Eurodif for the period of February 1, 2008 
through January 31, 2009. USEC was the only party to request this 
administrative

[[Page 27015]]

review. On March 24, 2009, the Department published a notice of 
initiation of the antidumping duty administrative review of low 
enriched uranium from France for the period February 1, 2008 through 
January 31, 2009 (the seventh period of review). See Initiation of 
Antidumping and Countervailing Duty Administrative Reviews and Requests 
for Revocation in Part, 74 FR 12310 (March 24, 2009). In that notice, 
the Department also initiated administrative reviews covering the 
periods February 1, 2005 through January 31, 2006 (the fourth period of 
review), and February 1, 2007 through January 31, 2008 (the sixth 
period of review).\1\ For the reasons discussed below, we are 
rescinding the administrative reviews.
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    \1\ The Department had previously deferred the initiation of the 
reviews for the 05/06 and 07/08 periods. See 71 FR 17077 (April 5, 
2006) and 73 FR 16837 (March 31, 2008).
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Rescission of Administrative Review

    Pursuant to 19 CFR 351.213(d)(1), the Secretary will rescind an 
administrative review, in whole or in part, if the parties that 
requested a review withdraw the request within 90 days of the date of 
publication of the notice of initiation of the requested review. On May 
15, 2009, USEC withdrew its request for the seventh administrative 
review. At the same time, USEC and Eurodif withdrew their requests for 
administrative review for the fourth and sixth administrative reviews. 
USEC and Eurodif withdrew their requests before the 90-day deadline, 
and no other party requested administrative reviews of the antidumping 
duty order on low enriched uranium from France for the periods 
discussed. Therefore, in response to the withdrawals, by USEC and 
Eurodif, of all requests for the three administrative reviews, and 
pursuant to 19 CFR 351.213(d)(1), the Department rescinds the three 
administrative reviews of the antidumping duty order on low enriched 
uranium from France.

Assessment

    The Department will instruct U.S. Customs and Border Protection 
(CBP) to assess antidumping duties on all appropriate entries. For the 
companies for which this review is rescinded, the antidumping duties 
shall be assessed at rates equal to the cash deposit of estimated 
antidumping duties required at the time of entry, or withdrawal from 
warehouse, for consumption, in accordance with 19 CFR 351.212(c)(1)(i). 
The Department is currently barred from liquidating entries subject to 
the antidumping order on low enriched uranium from France by the 
injunction in place in Eurodif S.A. et al v. United States, Court No. 
02-00219. When the Court of International Trade (CIT) issues final 
judgment and dismisses the case, the injunction will dissolve. The 
Department intends to issue appropriate assessment instructions to CPB 
15 days after notification by the CIT that the case has been dismissed.

Notification to Importers

    This notice serves as a reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this review period. Failure to comply 
with this requirement could result in the Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.

Notification Regarding Administrative Protective Order

    This notice serves as a final reminder to parties subject to 
administrative protection orders (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 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. 
This notice is issued and published in accordance with 19 CFR 
351.213(d)(4).

    Dated: May 29, 2009.
John M. Andersen,
Acting Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations.
[FR Doc. E9-13198 Filed 6-4-09; 8:45 am]
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