[Federal Register Volume 66, Number 35 (Wednesday, February 21, 2001)]
[Notices]
[Pages 11000-11001]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-4282]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-427-819, C-428-829, C-421-809, C-412-821]


Low Enriched Uranium From France, Germany, the Netherlands, and 
the United Kingdom: Extension of Time Limit for Preliminary 
Determinations in Countervailing Duty Investigations

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

ACTION: Notice of extension of time limit for preliminary 
determinations in countervailing duty investigations.

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SUMMARY: The Department of Commerce is extending the time limit of the 
preliminary determinations in the countervailing duty (CVD) 
investigations of low enriched uranium from France, Germany, the 
Netherlands, and the United Kingdom from March 2, 2001 until no later 
than May 7, 2001. This extension is made pursuant to section 
703(c)(1)(B) of the Tariff Act of 1930, as amended by the Uruguay Round 
Agreements Act.

EFFECTIVE DATE: February 21, 2001.

FOR FURTHER INFORMATION CONTACT: Michael Grossman (France) at (202) 
482-3146; Robert Copyak (Germany) at (202) 482-2209; Stephanie Moore 
(the Netherlands) at (202) 482-3692; and Eric B. Greynolds (the United 
Kingdom) at (202) 482-6071, Office of AD/CVD Enforcement VI, Group II, 
Import 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. In addition, unless otherwise indicated, 
all citations to the Department's regulations are to the regulations 
codified at 19 CFR part 351 (2000).

Extension of Due Date for Preliminary Determinations

    On December 27, 2000, the Department of Commerce (the Department) 
initiated the CVD investigations of low enriched uranium from France, 
Germany, the Netherlands, and the United Kingdom. See Notice of 
Initiation of Countervailing Duty Investigations: Low Enriched Uranium 
from France, Germany, the Netherlands, and the United Kingdom, 66 FR 
1085 (January 5, 2001). Currently, the preliminary determinations are 
due no later than March 2, 2001. However, pursuant to section 
703(c)(1)(B) of the Act, we have determined that these investigations 
are ``extraordinarily complicated'' and are therefore extending the due 
date for the preliminary determinations to no later than May 7, 2001.
    Under section 703(c)(1)(B), the Department can extend the period 
for reaching a preliminary determination until not later than the 130th 
day after the date on which the administering authority initiates an 
investigation if:
    (B) The administering authority concludes that the parties 
concerned are cooperating and determines that--
    (i) The case is extraordinarily complicated by reason of--
    (I) The number and complexity of the alleged countervailable 
subsidy practices;
    (II) The novelty of the issues presented;
    (III) The need to determine the extent to which particular 
countervailable subsidies are used by individual manufacturers, 
producers, and exporters; or
    (IV) The number of firms whose activities must be investigated; and
    (ii) Additional time is necessary to make the preliminary 
determination.
    Regarding the first requirement, we find that in each case all 
concerned parties are cooperating. Regarding the second requirement, we 
find that each of these four cases is extraordinarily complicated for 
the following reasons.

France

    The French CVD investigation is extraordinarily complicated because 
of the novelty of the issues presented. We are investigating an 
allegation that the Government of France through its national electric 
utility, Electricite de France, purchased uranium from the producer of 
the subject merchandise at prices that constitute ``more than adequate 
remuneration'' under section 771(5)(E)(iv) of the Act. This is a novel 
issue because this is the first time the Department has investigated 
this type of subsidy allegation.

Germany, the Netherlands, and the United Kingdom

    These three investigations are extraordinarily complicated because 
of the novelty of the issue presented. Petitioners have alleged that a 
single cumulative CVD rate applicable to all of Urenco Ltd.'s 
operations in Germany, the Netherlands, and the United Kingdom should 
be applied. Urenco Ltd. is the holding company for a group of companies 
located in Germany, the Netherlands, and the United Kingdom which 
produce enriched uranium for commercial sale. The Urenco Group was 
created in 1971, pursuant to the Treaty of Almelo, signed by the 
governments of Germany, the Netherlands and the United Kingdom. 
Therefore, the Department is investigating, and must determine, whether 
the subsidies provided by the three Treaty of Almelo countries to the 
Urenco Group's operations in Germany, the Netherlands, and the United 
Kingdom should be attributed to the sales of all of Urenco's 
international operations because Urenco is an ``international 
consortium'' under section 701(d) of the Act. To date, the provisions 
of section 701(d) have never been used in any CVD investigation or 
administrative review. Thus, we determine this to be a novel issue.
    Accordingly, we deem these four investigations to be 
extraordinarily complicated and determine, with regard to the third 
requirement noted above, that additional time is necessary to make the 
preliminary determinations. Therefore, pursuant to section 703(c)(1)(B) 
of the Act, we are postponing the preliminary determinations in these 
investigations to no later than May 7, 2001.
    This notice is published pursuant to section 703(c)(2) of the Act. 
Effective

[[Page 11001]]

January 20, 2001, Bernard T. Carreau is fulfilling the duties of the 
Assistant Secretary for Import Administration.

    Dated: February 9, 2001.
Bernard T. Carreau,
Deputy Assistant Secretary, AD/CVD Enforcement II.
[FR Doc. 01-4282 Filed 2-20-01; 8:45 am]
BILLING CODE 3510-DS-P