Federal Register / Vol. 66, No. 246 / Friday, December 21, 2001 / Notices 65901

1The petitioners in this investigation are USEC,

Inc. and its wholly-owned subsidiary, United States

Enrichment Corporation (Collectively USEC), and

the Paper, Allied-Industrial, Chemical and Energy

Workers International Union, AFL–CIO, CLC, Local

5–550 and Local 5–689 (collectively PACE).

2 In accordance with section 777(h) of the Act the

Ad Hoc Utilities Group, whose members include:

Arizona Public Service Co., Carolina Power & Light

Co., Dominion Generation, Duke Energy Corp., DTE

Energy, Entergy Services, Inc., Exelon Corporation,

First Energy Nuclear Operating Co., Florida Power

Corp., Florida Power and Light Co., Nebraska Public

Power District, Nuclear Management Co. LLC (on

behalf of certain member companies), PPL

Susquehanna LLC, South Texas Project, Southern

California Edison, Southern Nuclear Operating Co.,

Union Electric Company, and Wolf Creek Nuclear

Operating Corp., submitted comments as industrial

users of subject merchandise.

Expenses

Comment 10: Reclassification of EP sales to

CEP sales

[FR Doc. 01–31399 Filed 12–20–01; 8:45 am]

BILLING CODE 3510–DS–P

DEPARTMENT OF COMMERCE

International Trade Administration

[C–427–819]

Notice of Final Affirmative

Countervailing Duty Determination:

Low Enriched Uranium From France

AGENCY: Import Administration,

International Trade Administration,

Department of Commerce.

ACTION: Notice of final affirmative

countervailing duty determination.

SUMMARY: On May 14, 2001, the

Department of Commerce (the

Department) published in the Federal

Register its preliminary affirmative

determination in the countervailing

duty investigation on low enriched

uranium (subject merchandise) from

France for the period January 1, 1999

through December 31, 1999.

The net subsidy rate in the final

determination differs from that of the

Preliminary Affirmative Countervailing

Duty Determination and Alignment with

Final Antidumping Duty Determination:

Low Enriched Uranium from France, 66

FR 24325 (May 14, 2001) (Preliminary

Determination). The revised final net

subsidy rate for the investigated

company is listed below in the

‘‘Suspension of Liquidation’’ section of

this notice.

EFFECTIVE DATE: December 21, 2001.

FOR FURTHER INFORMATION CONTACT:

Michael Grossman at (202) 482–3146 or

Richard Herring at (202) 482–4149,

Office of AD/CVD Enforcement VI,

Group II, Import Administration,

International Trade Administration,

U.S. Department of Commerce, Room

4012, 14th Street and Constitution

Avenue, NW., Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

Applicable Statute and Regulations

Unless otherwise indicated, all

citations to the statute are references to

the provisions effective January 1, 1995,

the effective date of the amendments

made to the Tariff Act of 1930 (the Act)

by the Uruguay Round Agreements Act

(URAA). In addition, unless otherwise

indicated, all citations to the

Department’s regulations are to the

regulations codified at 19 CFR part 351

(2000).

Background

On May 14, 2001, the Department

published the preliminary results of

investigation on low enriched uranium

from France. See Notice of Preliminary

Affirmative Countervailing Duty

Determination and Alignment with

Final Antidumping Duty Determination:

Low Enriched Uranium from France, 66

FR 24325 (May 14, 2001) (Preliminary

Determination). This investigation

covers low enriched uranium (subject

merchandise) from France for the period

January 1, 1999, through December 31,

1999.

We invited interested parties to

comment on the Preliminary

Determination. On October 22 and 23,

2001, the petitioners,1 the Ad Hoc

Utilities Group,2 and respondent

producers/exporters Eurodif, S.A. and

Compagnie Generale des Matieres

Nucleaires (COGEMA) filed briefs on

common scope issues in the

antidumping and countervailing duty

investigations of LEU from France,

Germany, the Netherlands and the

United Kingdom. Rebuttal briefs on

these common scope issues were filed

on October 29, 2001, and a public

hearing on the common scope issues

was held on October 31, 2001. On

October 26, 2001, we received

comments from the petitioners and the

respondents. On November 5, 2001, we

received rebuttal comments from

petitioners and respondents. A public

hearing was held at the Department of

Commerce on November 7, 2001. On or

about September 28, 2001, and

November 22, 2001, we received letters

from the EC regarding certain issues in

these investigations. On November 7,

2001, Mr. Grant Aldonas, UnderSecretary for International Trade,

replied to the first letter. We invited

comments on these letters, which we

received from petitioners, respondents,

and the Ad Hoc Utilities Group, on

November 15, 2001, and November 29,

2001.

This final determination was

originally due on November 26, 2001.

We subsequently tolled the final

determination deadline in this

investigation until December 13, 2001,

to accommodate certain verifications

and a delayed briefing and hearing

schedule that were delayed because of

the events of September 11, 2001.

Amended Scope of Investigation

For purposes of this investigation, the

product covered 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 down-blending of

highly enriched uranium).

Certain merchandise is outside the

scope of this investigation. Specifically,

this investigation 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 this investigation. For

purposes of this investigation, 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 this

investigation.

Also excluded from this investigation

is LEU owned by a foreign utility enduser 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

investigation is classified in the

Harmonized Tariff Schedule of the

United States (HTSUS) at subheading

65902 Federal Register / Vol. 66, No. 246 / Friday, December 21, 2001 / Notices

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.

Scope Clarification

For further details, see Comment 1 of

the ‘‘Issues and Decision Memorandum:

Final Affirmative Countervailing Duty

Determination: Low Enriched Uranium

from France’’ (Decision Memorandum)

from Bernard T. Carreau, Deputy

Assistant Secretary for Import

Administration, to Faryar Shirzad,

Assistant Secretary for Import

Administration, dated concurrently

with this notice.

Goods Versus Services

Parties in all eight concurrent

investigations of this product have

submitted comments on this issue. For

a full discussion see Notice of Final

Determination of Sales at Less Than

Fair Value: Low Enriched Uranium from

France, which is published

concurrently with this notice.

Period of Investigation

The period of investigation (POI) for

which we are measuring subsidies is

January 1, 1999 through December 31,

1999.

Verification

As provided in section 782(i) of the

Act, we conducted verification on

October 11 through October 17, 2001.

We used standard verification

procedures, including meeting with

government and company officials and

examining relevant accounting records

and original source documents provided

by the respondent. Our verification

results are outlined in detail in the

public versions of the verification

reports, which are on file in the Central

Records Unit of the Department of

Commerce (Room B–099).

Analysis of Comments Received

All issues raised in the case and

rebuttal briefs by parties to this

investigation are addressed in the

‘‘Issues and Decision Memorandum’’

(Decision Memorandum) dated

December 13, 2001, which is hereby

adopted by this notice. A list of issues

which parties have raised and to which

we have responded, all of which are in

the Decision Memorandum, is attached

to this notice as Appendix I. Parties can

find a complete discussion of all issues

raised in this investigation and the

corresponding recommendations in this

public memorandum which is on file in

room B–099 of the Main Commerce

Building. In addition, a complete

version of the Decision Memorandum

can be accessed directly on the World

Wide Web at http://ia.ita.doc.gov, under

the heading ‘‘Federal Register Notices.’’

The paper copy and electronic version

of the Decision Memorandum are

identical in content.

Suspension of Liquidation

In accordance with 703(d)(1)(A)(i) of

the Act, we have calculated an

individual rate for Eurodif, S.A., which

we have also applied to COGEMA,

Eurodif’s sales agent for sales made in

the United States. The ‘‘all others’’ rate

is the same as the rate for Eurodif/

COGEMA. These rates are summarized

in the table below:

Producer/exporter Net Subsidy Rate

Eurodif, S.A. &

COGEMA.

13.21% ad valorem.

All Others .................. 13.21% ad valorem.

In accordance with our Preliminary

Determination, we instructed the U.S.

Customs Service to suspend liquidation

of all entries of low enriched uranium

from France, which were entered or

withdrawn from warehouse, for

consumption on or after May 14, 2001,

the date of the publication of our

preliminary determination in the

Federal Register. In accordance with

section 703(d) of the Act, we instructed

the U.S. Customs Service to discontinue

the suspension of liquidation for

merchandise entered on or after

September 11, 2001, but to continue the

suspension of liquidation of entries

made between May 14, 2001 and

September 10, 2001.

We will reinstate suspension of

liquidation under section 706(a) of the

Act for all entries if the ITC issues a

final affirmative injury determination

and will require a cash deposit of

estimated countervailing duties for such

entries of merchandise in the amounts

indicated above. If the ITC determines

that material injury, or threat of material

injury, does not exist, this proceeding

will be terminated and all estimated

duties deposited or securities posted as

a result of the suspension of liquidation

will be refunded or canceled.

ITC Notification

In accordance with section 705(d) of

the Act, we will notify the ITC of our

determination. In addition, we are

making available to the ITC all nonprivileged and non-proprietary

information related to this investigation.

We will allow the ITC access to all

privileged and business proprietary

information in our files, provided that

the ITC confirms that it will not disclose

such information, either publicly or

under an administrative protective order

(APO), without the written consent of

the Assistant Secretary for Import

Administration.

If the ITC determines that material

injury, or threat of material injury, does

not exist, this proceeding will be

terminated. If however, the ITC

determines that such injury does exist,

we will issue a countervailing duty

order.

Return or Destruction of Proprietary

Information

In the event that the ITC issues a final

negative injury determination, this

notice will serve as the only reminder

to parties subject to APO of their

responsibility concerning the

destruction of proprietary information

disclosed under APO in accordance

with 19 CFR 351.305(a)(3). Failure to

comply is a violation of the APO.

This determination is published

pursuant to sections 705(d) and 777(i) of

the Act.

Dated: December 13, 2001.

Faryar Shirzad,

Assistant Secretary for Import

Administration.

Appendix I—Issues and Decision

Memorandum

Methodology and Background Information

I. Subsidies Valuation Information

A. Treatment of the Ad Valorem Rate

Calculation and the Denominator

Analysis of Programs

I. Purchase at Prices that Constitute ‘‘More

Than Adequate Remuneration’’

II. Exoneration/Reimbursement of Corporate

Income Taxes

Total Ad Valorem Rate

Analysis of Comments

Comment 1: Scope Clarification

Comment 2: Petitioners’ Argument that

Eurodif Received Non-Recurring Benefits

in the Years 1986 through 1999

Comment 3: Petitioners’ Argument that a

Portion of the Subsidies Related to EdF’s

1999 Purchases at Prices that Constitute

More than Adequate Remuneration

Should be Treated as a Recurring

Subsidy

Comment 4: Treatment of ‘‘Part Energie’’

Component of EdF’s Price

Comment 5: Respondents’ Argument that

the Department’s Price Comparison in

the Preliminary Determination was

Flawed in Other Respects

Comment 6: Tax Exemption from the GOF

[FR Doc. 01–31510 Filed 12–20–01; 8:45 am]

BILLING CODE 3510–DS–P