[Federal Register Volume 69, Number 188 (Wednesday, September 29, 2004)]
[Notices]
[Pages 58128-58129]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E4-2404]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-427-818]
Notice of Amended Final Results of Antidumping Duty
Administrative Review: Low Enriched Uranium From France
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of amended final results of antidumping duty
administrative review.
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SUMMARY: On August 3, 2004, the Department of Commerce (the Department)
published the final results of its first administrative review of the
antidumping duty order on low enriched uranium (LEU) from France for
the period July 13, 2001, through January 31, 2003. See Notice of Final
Results of Antidumping Duty Administrative Review: Low Enriched Uranium
from France, 69 FR 46501 (August 3, 2004). On August 2, 2004, in
accordance with 19 CFR 351.224(c)(2), we received a timely filed
ministerial error allegation from respondent Eurodif S.A., Compagnie
G[eacute]n[eacute]rale Des Mati[egrave]res
[[Page 58129]]
Nucl[eacute]aires, S.A. and COGEMA, Inc. (collectively, COGEMA/
Eurodif). On August 9, 2004, we received rebuttal comments from the
petitioners.\1\ Based on our analysis of parties' comments, the
Department has revised the antidumping duty margin for COGEMA/Eurodif.
Accordingly, we are amending our final results.
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\1\ The petitoners in this case are USEC Inc. and United States
Enrichment Corporation.
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EFFECTIVE DATE: September 29, 2004.
FOR FURTHER INFORMATION CONTACT: Constance Handley or James Kemp, at
(202) 482-0631 or (202) 482-5346, respectively; AD/CVD Enforcement,
Office 1, Import Administration, International Trade Administration,
U.S. Department of Commerce, 14th Street & Constitution Avenue, NW.,
Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Scope of the Order
The product covered by this order 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 order.
Specifically, this order 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 order. For purposes of this order, 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 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 (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 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.
Amended Final Results of Review
On August 2, 2004, COGEMA/Eurodif timely filed, pursuant to 19 CFR
351.224(c)(2), an allegation that the Department made one ministerial
error in its final results, in that the constructed value (CV) profit
rate was applied to an adjusted cost of production, although the
financial statements from which the CV profit rate was derived had not
been similarly adjusted. In their August 9, 2004, rebuttal, the
petitioners contend the error was not ministerial because the
Department's analysis memorandum lacked specificity in that it did not
define which adjustments the Department intended to make when
calculating CV profit. We agree with COGEMA/Eurodif that its allegation
constitutes a ministerial error. For a detailed discussion of this
ministerial error, as well as the Department's analysis, see Memorandum
from Constance Handley, Program Manager, Office 1 to Jeffrey A. May,
Deputy Assistant Secretary re: Ministerial Error Allegation, dated
September 21, 2004.
In accordance with 19 CFR 351.224(e), we have amended the final
results of the first antidumping duty administrative review of LEU from
France, as noted above. As a result of this correction and as stated
below, COGEMA/Eurodif's weighted-average margin decreased from 5.43
percent to 4.56 percent.
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Weighted-
Producer average margin
(percentage)
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COGEMA/Eurodif......................................... 4.56
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The Department shall determine and U.S. Customs and Border
Protection (CBP) shall assess antidumping duties on all appropriate
entries. In accordance with 19 CFR 351.212(b)(1), we will calculate an
importer-specific ad valorem assessment rate for merchandise based on
the ratio of the total amount of antidumping duties calculated for the
examined sales made during the period of review to the total customs
value of the sales used to calculate those duties. Where the importer-
specific assessment rate is above de minimis, we will instruct CBP to
assess duties on all appropriate entries of subject merchandise by that
importer. This rate will be assessed uniformly on all entries of that
particular importer made during the period July 13, 2001, through
January 31, 2003. The Department will issue appropriate assessment
instructions directly to CBP within 15 days of publication of the final
results of review. The amended cash deposit requirement is effective
for all shipments of subject merchandise manufactured by COGEMA/Eurodif
entered, or withdrawn from warehouse, for consumption on or after the
date of publication of this notice and shall remain in effect until
publication of the final results of the next administrative review.
These amended final results are issued and published in accordance
with section 751(h) of the Tariff Act and 19 CFR 351.224.
Jeffrey A. May,
Acting Assistant Secretary for Import Administration.
[FR Doc. E4-2404 Filed 9-28-04; 8:45 am]
BILLING CODE 3510-DS-P