[Federal Register Volume 66, Number 172 (Wednesday, September 5, 2001)]
[Notices]
[Pages 46467-46468]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-22186]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigations Nos. 701-TA-409-412 (Final) and 731-TA-909-912 (Final)]
Low Enriched Uranium From France, Germany, the Netherlands, and
the United Kingdom
AGENCY: United States International Trade Commission.
ACTION: Scheduling of the final phase of countervailing duty and
antidumping investigations.
-----------------------------------------------------------------------
SUMMARY: The Commission hereby gives notice of the scheduling of the
final phase of countervailing duty investigations Nos. 701-TA-409-412
(Final) under section 705(b) of the Tariff Act of 1930 (19 U.S.C.
1671d(b)) (the Act) and the final phase of antidumping investigations
Nos. 731-TA-909-912 (Final) under section 735(b) of the Act (19 U.S.C.
1673d(b)) to determine whether an industry in the United States is
materially injured or threatened with material injury, or the
establishment of an industry in the United States is materially
retarded, by reason of subsidized and less-than-fair-value imports from
France, Germany, the Netherlands, and the United Kingdom of low
enriched uranium.\1\
---------------------------------------------------------------------------
\1\ For purposes of these investigations, the Department of
Commerce has defined the subject merchandise as low enriched uranium
(LEU). LEU is enriched uranium hexafluoride (UF6) with a
U\235\ 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 these
investigations. Specifically, these investigations do 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 these investigations.
For purposes of these investigations, 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 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 these investigations.
The merchandise subject to these investigations is reported
under Harmonized Tariff Schedule of the United States (HTSUS)
statistical reporting number 2844.20.0020. Subject merchandise may
also be reported under statistical reporting numbers 2844.20.0030,
2844.20.0050, and 2844.40.00. Although the HTSUS statistical
reporting numbers are provided for convenience and customs purposes,
the written description of the merchandise is dispositive.
---------------------------------------------------------------------------
For further information concerning the conduct of this phase of the
investigations, hearing procedures, and rules of general application,
consult the Commission's rules of practice and procedure, part 201,
subparts A through E (19 CFR part 201), and part 207, subparts A and C
(19 CFR part 207).
EFFECTIVE DATE: July 13, 2001.
FOR FURTHER INFORMATION CONTACT: Fred Fischer (phone: 202-205-3179; e-
mail: [email protected]), Office of Investigations, U.S. International
Trade Commission, 500 E Street SW., Washington, DC 20436. Hearing-
impaired persons can obtain information on this matter by contacting
the Commission's TDD terminal on 202-205-1810. Persons with mobility
impairments who will need special assistance in gaining access to the
Commission should contact the Office of the Secretary at 202-205-2000.
General information concerning the Commission may also be obtained by
accessing its internet server (http://www.usitc.gov). The public record
for these investigations may be viewed on the Commission's electronic
docket (EDIS-ON-LINE) at http://dockets.usitc.gov/eol/public.
SUPPLEMENTARY INFORMATION:
Background.--The final phase of these investigations is being
scheduled as a result of affirmative preliminary determinations by the
Department of Commerce that certain benefits which constitute subsidies
within the meaning of section 703 of the Act (19 U.S.C. 1671b) are
being provided to manufacturers, producers, or exporters in France,
Germany, the Netherlands, and the United Kingdom of LEU, and that such
products are being sold in the United States at less than fair value
within the meaning of section 733 of the Act (19 U.S.C. 1673b). The
investigations were requested in a petition filed on December 7, 2000,
by USEC, Inc. and its wholly-owned subsidiary the United States
Enrichment Corp., Bethesda, MD.\2\
---------------------------------------------------------------------------
\2\ On December 26, 2000, the petition was amended to add as
petitioners the Paper, Allied-Industrial, Chemical and Energy
Workers International Union, AFL-CIO, CLC.
---------------------------------------------------------------------------
Participation in the investigations and public service list.--
Persons, including industrial users of the subject merchandise and, if
the merchandise is sold at the retail level, representative consumer
organizations, wishing to participate in the final phase of these
investigations as parties must file an entry of appearance with the
Secretary to the Commission, as provided in Sec. 201.11 of the
Commission's rules, no later than 21 days prior to the hearing date
specified in this notice. A party that filed a notice of appearance
during the preliminary phase of the investigations need not file an
additional notice of appearance during this final phase. The Secretary
will maintain a public service list containing the names and addresses
of all persons, or their representatives, who are parties to the
investigations.
Limited disclosure of business proprietary information (BPI) under
an administrative protective order (APO) and BPI service list.--
Pursuant to Sec. 207.7(a) of the Commission's rules, the Secretary will
make BPI gathered in the final phase of these investigations available
to authorized applicants under the APO issued in the investigations,
provided that the application is made no later than 21 days prior to
the hearing date specified in this notice. Authorized applicants must
represent interested parties, as defined by 19 U.S.C. 1677(9), who are
parties to the investigations. A party granted access to BPI in the
preliminary phase of the investigations need not reapply for such
access. A separate service list will be maintained by the Secretary for
those parties authorized to receive BPI under the APO.
Staff report.--The prehearing staff report in the final phase of
these investigations will be placed in the nonpublic record on November
14, 2001, and a public version will be issued thereafter, pursuant to
section 207.22 of the Commission's rules.
Hearing.--The Commission will hold a hearing in connection with the
final phase of these investigations beginning at 9:30 a.m. on November
28, 2001, at the U.S. International Trade Commission Building. Requests
to appear at the hearing should be filed in writing with the Secretary
to the Commission on or before November 19, 2001. A nonparty who has
testimony that may aid the Commission's deliberations may request
permission to present a short statement at the hearing. All parties and
nonparties desiring to appear at the hearing and make oral
presentations should attend a prehearing conference to be held at 9:30
a.m. on November 21, 2001, at the U.S. International Trade Commission
Building. Oral testimony and written materials to be submitted at the
public hearing are governed by Secs. 201.6(b)(2), 201.13(f), and 207.24
of the Commission's rules. Parties must submit
[[Page 46468]]
any request to present a portion of their hearing testimony in camera
no later than 7 days prior to the date of the hearing.
Written submissions.--Each party who is an interested party shall
submit a prehearing brief to the Commission. Prehearing briefs must
conform with the provisions of Sec. 207.23 of the Commission's rules;
the deadline for filing is November 21, 2001. Parties may also file
written testimony in connection with their presentation at the hearing,
as provided in Sec. 207.24 of the Commission's rules, and posthearing
briefs, which must conform with the provisions of Sec. 207.25 of the
Commission's rules. The deadline for filing posthearing briefs is
December 5, 2001; witness testimony must be filed no later than three
days before the hearing. In addition, any person who has not entered an
appearance as a party to the investigations may submit a written
statement of information pertinent to the subject of the investigations
on or before December 5, 2001. On December 24, 2001, the Commission
will make available to parties all information on which they have not
had an opportunity to comment. Parties may submit final comments on
this information on or before December 27, 2001, but such final
comments must not contain new factual information and must otherwise
comply with Sec. 207.30 of the Commission's rules. All written
submissions must conform with the provisions of Sec. 201.8 of the
Commission's rules; any submissions that contain BPI must also conform
with the requirements of Secs. 201.6, 207.3, and 207.7 of the
Commission's rules. The Commission's rules do not authorize filing of
submissions with the Secretary by facsimile or electronic means.
In accordance with Secs. 201.16(c) and 207.3 of the Commission's
rules, each document filed by a party to the investigations must be
served on all other parties to the investigations (as identified by
either the public or BPI service list), and a certificate of service
must be timely filed. The Secretary will not accept a document for
filing without a certificate of service.
Authority: These investigations are being conducted under
authority of title VII of the Tariff Act of 1930; this notice is
published pursuant to Sec. 207.21 of the Commission's rules.
Issued: August 29, 2001.
By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 01-22186 Filed 9-4-01; 8:45 am]
BILLING CODE 7020-02-P