[Federal Register Volume 69, Number 129 (Wednesday, July 7, 2004)]
[Notices]
[Pages 40871-40873]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-15413]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-427-819]
Final Results of Countervailing Duty Administrative Review: Low
Enriched Uranium from France
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of Final Results of Countervailing Duty Administrative
Review.
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SUMMARY: On February 5, 2004, the Department of Commerce (the
Department) published in the Federal Register its preliminary results
of administrative review of the countervailing duty (CVD) order on low
enriched uranium from France for the period May 14, 2001, through
December 31, 2002 (see Preliminary Results of Countervailing Duty
Administrative Reviews: Low Enriched Uranium from France, 69 FR 5502
(February 5, 2004) (Preliminary Results)). The Department has now
completed the administrative review in accordance with section 751(a)
of the Tariff Act of 1930, as amended (the Act).
Based on information received since the Preliminary Results and our
analysis of the comments received, the Department has revised the net
subsidy rate for Eurodif S.A. (Eurodif)/Compagnie Generale Des Matieres
Nucleaires (COGEMA), the producer/exporter of subject merchandise
covered by this review. For further discussion of the changes we have
made since the Preliminary Results, see the ``Issues and Decision
Memorandum from Gary Taverman, Acting Deputy Assistant Secretary for
Import Administration to Jeffrey May, Acting Assistant Secretary for
Import Administration concerning the Final Results of Countervailing
Duty Administrative Reviews: Low Enriched Uranium from France''
(Decision Memorandum) dated June 30, 2004. The final net subsidy rate
for Eurodif/COGEMA is listed below in the section entitled ``Final
Results of Reviews.''
EFFECTIVE DATE: July 7, 2004.
FOR FURTHER INFORMATION CONTACT: Carrie Farley or Tipten Troidl, Office
of AD/CVD Enforcement III, Import Administration, U.S. Department of
Commerce, Room 4012, 14th Street and Constitution Avenue, NW,
Washington, DC 20230; telephone: (202) 482-2786.
SUPPLEMENTARY INFORMATION:
Background
On February 5, 2004, the Department published in the Federal
Register its Preliminary Results. We invited interested parties to
comment on the results. On March 9, 2004, we received case briefs from
petitioners and respondents. In their case briefs, petitioners and
respondents requested a hearing. On March 16, 2004, we received
rebuttal briefs from petitioners\1\ and respondents\2\. On March 18,
2004, respondents and petitioners withdrew their request for a hearing.
Pursuant to 19 CFR 351.213(b), this review covers
[[Page 40872]]
only those producers or exporters of the subject merchandise for which
a review was specifically requested. Accordingly, this review covers
Eurodif/COGEMA. The review covers the period May 14, 2001, through
December 31, 2002, and two programs.
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\1\ Petitioners are the United States Enrichment Corporation
(USEC) and USEC Inc.
\2\ Respondents are Eurodif and COGEMA.
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Scope of Review
For purposes of this review, the product covered is all low
enriched uranium (LEU). LEU is enriched uranium hexafluoride (UF[bdi6])
with a U[bds2][bds3][bds5] product assay of less than 20 percent that
has not been converted into another chemical form, such as UO[bdi2], 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[bds2][bds3][bds5] 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[bdi2]), whether or
not contained in nuclear fuel rods or assemblies. Natural uranium
concentrates (U[bdi3]O[bdi8]) with a U[bds2][bds3][bds5] concentration
of no greater than 0.711 percent and natural uranium concentrates
converted into uranium hexafluoride with a U[bds2][bds3][bds5]
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[bdi2]) 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.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties to
these reviews are addressed in the Decision Memorandum, which is hereby
adopted by this notice. A list of the issues contained in the Decision
Memorandum is attached to this notice as Appendix I. Parties can find a
complete discussion of all issues raised in these reviews and the
corresponding recommendations in this public memorandum, which is on
file in the Central Records Unit (CRU), 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.
Final Results of Reviews
In accordance with section 705(c)(1)(B)(i) of the Act, we
calculated an ad valorem subsidy rate for Eurodif/COGEMA for calendar
years 2001 and 2002. For 2001, we determine the net subsidy rate to be
3.63 percent ad valorem, and for 2002, we determine the net subsidy
rate to be 0.71 percent ad valorem.
We will instruct U.S. Customs and Border Protection (CBP), within
15 days of publication of the final results of these reviews, to
liquidate shipments of low enriched uranium by Eurodif/COGEMA entered,
or withdrawn from warehouse, for consumption from May 14, 2001, through
September 10, 2001, at 3.63 percent ad valorem and from February 13,
2002, through December 31, 2002, at 0.71 percent ad valorem of the
f.o.b. invoice price. We have determined that the cash deposit rate for
future Eurodif/COGEMA imports should be set at 0.71. Therefore,
Department also will instruct CBP to collect cash deposits of estimated
countervailing duties at 0.71 percent ad valorem of the f.o.b. invoice
price on all shipments of the subject merchandise from the reviewed
entity, entered, or withdrawn from warehouse, for consumption on or
after the date of publication of the final results of these reviews. In
addition, for the periods May 14, 2001, through September 10, 2001, and
February 13, 2002, through December 31, 2002, the assessment rates
applicable to all non-reviewed companies covered by this order are the
cash deposit rates in effect at the time of entry.
Because the Uruguay Round Agreements Act (URAA) replaced the
general rule in favor of a country-wide rate with a general rule in
favor of individual rates for investigated and reviewed companies, the
procedures for establishing countervailing duty rates, including those
for non-reviewed companies, are now essentially the same as those in
antidumping cases, except as provided for in section 777A(e)(2) of the
Act. The requested review will normally cover only those companies
specifically named. See 19 CFR 351.213(b). Pursuant to 19 CFR
351.212(c), for all companies for which a review was not requested,
duties must be assessed at the cash deposit rate, and cash deposits
must continue to be collected, at the rate previously ordered. As such,
the countervailing duty cash deposit rate applicable to a company can
no longer change, except pursuant to a request for a review of that
company. See Federal-Mogul Corporation and The Torrington Company v.
United States, 822 F. Supp. 782 (CIT 1993) and Floral Trade Council v.
United States, 822 F. Supp. 766 (CIT 1993). Therefore, the cash deposit
rates for all companies except those covered by these reviews will be
unchanged by the results of this review.
We will instruct CBP to continue to collect cash deposits for non-
reviewed companies at the most recent company-specific or country-wide
rate applicable to the company. Accordingly, the cash deposit rates
that will be applied to non-reviewed companies covered by this order
will be the rate for that company established in the most recently
completed administrative proceeding conducted under the URAA. See
Notice of Amended Final Determination and Notice of Countervailing Duty
Order: Low Enriched Uranium From France, 67 FR 6689 (February 13,
2002). This rate shall apply to all non-reviewed companies until a
review of a company assigned this rate is requested. In addition, for
the period May 14, 2001, through December 31, 2002, the assessment
rates applicable to all non-reviewed companies covered by these orders
are the cash deposit rates in effect at the time of entry.
This notice also serves as a reminder to parties subject to
administrative protective order (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 return/destruction of APO materials or conversion to
judicial protective order is hereby requested. Failure to comply with
the regulations and the terms of an APO is a sanctionable violation.
[[Page 40873]]
This administrative review and this notice are issued and published
in accordance with section 751(a)(1) of the Act.
Dated: June 30, 2004.
Jeffrey May,
Acting Assistant Secretary for Import Administration.
Appendix I--Issues and Decision Memorandum
I. Subsidies Valuation Information
A. Calculation of Ad Valorem Rates
II. Analysis of Programs
A. Programs Determined to Confer Subsidies
1. Purchases at Prices that Constitute More than Adequate
Remuneration
2. Exoneration/Reimbursement of Corporate Income Taxes
III. Total Ad Valorem Rate
IV. Analysis of Comments
Comment 1: Currency Conversion Errors
Comment 2: Electricite de France's purchases from Eurodif made at More
than Adequate Remuneration
Comment 3: Benchmark used for More than Adequate Remuneration Program
Comment 4: Inclusion of Pre-POR Transactions in the Subsidy Calculation
Comment 5: Additional Benefit from Transaction
Comment 6: Tax Benefit
Comment 7: Draft Customs Instructions
Comment 8: Total Sales
Comment 9: ``Part Energie'' Charges for 2002
Comment 10: Use of Separative Work Units Delivered for the Calculation
of Part Usine
Comment 11: Comparison between Prices Paid by EdF to Eurodif and to
other Suppliers
Comment 12: Changes to Calculations if the CIT Sustains USEC's Appeal
[FR Doc. 04-15413 Filed 7-6-02; 8:45 am]
BILLING CODE 3510-DS-S