[Federal Register Volume 73, Number 2 (Thursday, January 3, 2008)]
[Notices]
[Pages 449-450]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-6279]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-427-818]
Continuation of Antidumping Duty Order on Low Enriched Uranium
From France
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: As a result of the determination by the Department of Commerce
(the Department) and the International Trade Commission (ITC) that
revocation of the antidumping duty order on Low Enriched Uranium (LEU)
from France would likely lead to a continuation or recurrence of
dumping and material injury to an industry in the United States, the
Department is publishing a notice of continuation for this antidumping
duty order.
DATES: Effective Date: January 3, 2008.
Contact Information: Douglas Kirby or Dana Mermelstein, AD/CVD
Operations, Office 6, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482-
3782 or (202) 482-1391, respectively.
SUPPLEMENTARY INFORMATION:
Background
The Department initiated and the ITC instituted sunset reviews of
the antidumping duty order on LEU from France, pursuant to section
751(c) of the Tariff Act of 1930, as amended (the Act). See Initiation
of Five-Year (``Sunset'') Reviews, 72 FR 100 (January 3, 2007) (Notice
of Initiation).
As a result of its review, the Department found that a revocation
of the antidumping duty order would likely lead to a continuation or
recurrence of dumping, and therefore notified the ITC of the magnitude
of the margins likely to prevail were the order to be revoked. See
Final Results of Expedited Sunset Review: Countervailing Duty Order on
Low
[[Page 450]]
Enriched Uranium from France, 72 FR 26603 (May 10, 2007).
On December 13, 2007, the ITC determined, pursuant to section
751(c) of the Act, that a revocation of the antidumping duty order on
LEU from France would likely lead to a continuation or recurrence of
material injury to an industry in the United States within a reasonably
foreseeable time: See Low Enriched Uranium from France; 72 FR 71954
(December 19, 2007), and USITC Publication 3967 (December 2007), (Inv.
No. 731-TA-909) (Review).
Scope of the Order
The product covered by this order is all 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 this order.
Specifically, this order does 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 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 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 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.
Continuation of Order
As a result of these determinations by the Department and the ITC
that a revocation of the antidumping duty order would likely lead to a
continuation or recurrence of dumping and material injury to an
industry in the United States, pursuant to section 751(d)(2) of the
Act, the Department hereby orders the continuation of the antidumping
duty order on LEU from France. U.S. Customs and Border Protection will
continue to collect antidumping duty cash deposits at the rates in
effect at the time of entry for all imports of subject merchandise.
The effective date of the continuation of this order will be the
date of publication in the Federal Register of this notice of
continuation. Pursuant to sections 751(c)(2) and 751(c)(6)(A) of the
Act, the Department intends to initiate the next five-year review of
this order no later than November 2012.
This five-year (sunset) review and this notice are in accordance
with section 751(c) of the Act and published pursuant to section
777(i)(1) of the Act.
Dated: December 26, 2007.
Stephen J. Claeys,
Acting Assistant Secretary for Import Administration.
[FR Doc. 07-6279 Filed 1-02-08; 8:45 am]
BILLING CODE 3510-DS-M