Final Results of Countervailing Duty Administrative Reviews: Low Enriched Uranium from Germany, the Netherlands, and the United Kingdom, 40000-40001 [E5-3689]
Download as PDF
40000
Federal Register / Vol. 70, No. 132 / Tuesday, July 12, 2005 / Notices
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: Benefit from Transaction
Comment 2: Draft Customs
Instructions
Uranium from Germany, the
Netherlands, and the United Kingdom’’
(Decision Memorandum) dated July 5,
2005. The final net subsidy rates for the
reviewed companies are listed below in
the section entitled ‘‘Final Results of
Reviews.’’
EFFECTIVE DATE:
July 12, 2005.
FOR FURTHER INFORMATION CONTACT:
International Trade Administration
Darla Brown, AD/CVD Operations,
Office 3, Import Administration, U.S.
Department of Commerce, Room 4012,
14th Street and Constitution Avenue,
NW, Washington, DC 20230; telephone:
(202) 482–2786.
SUPPLEMENTARY INFORMATION:
(C–428–829); (C–421–809); (C–412–821)
Background
Final Results of Countervailing Duty
Administrative Reviews: Low Enriched
Uranium from Germany, the
Netherlands, and the United Kingdom
On March 7, 2005, the Department
published in the Federal Register its
Preliminary Results. We invited
interested parties to comment on the
results. Since the preliminary results,
the following events have occurred.
On April 6, 2005, we received case
briefs from respondents. In their case
brief, respondents requested a hearing.
On April 11, 2005, we received rebuttal
briefs from petitioners.1 On April 12,
2005, respondents withdrew their
request for a hearing.
Pursuant to 19 CFR 351.213(b), these
reviews cover only those producers or
exporters of the subject merchandise for
which a review was specifically
requested. Accordingly, these reviews
cover the Urenco Group. These reviews
cover the period January 1, 2003,
through December 31, 2003, and four
programs.
[FR Doc. E5–3687 Filed 7–11–05; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
Import Administration,
International Trade Administration,
Department of Commerce
SUMMARY: On March 7, 2005, the
Department of Commerce (the
Department) published in the Federal
Register its preliminary results of
administrative reviews of the
countervailing duty (CVD) orders on
low enriched uranium from Germany,
the Netherlands, and the United
Kingdom for the period January 1, 2003,
through December 31, 2003 (see
Preliminary Results of Countervailing
Duty Administrative Reviews: Low
Enriched Uranium from Germany, the
Netherlands, and the United Kingdom,
70 FR 10986 (March 7, 2005)
(Preliminary Results)). The Department
has now completed these administrative
reviews 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 not revised the net
subsidy rate for Urenco Deutschland
GmbH of Germany (UD), Urenco
Nederland B.V. of the Netherlands
(UNL), Urenco (Capenhurst) Limited
(UCL) of the United Kingdom, Urenco
Ltd., and Urenco Inc. (collectively, the
Urenco Group or respondents), the
producers/exporters of subject
merchandise covered by these reviews.
For further discussion of our positions,
see the ‘‘Issues and Decision
Memorandum’’ from Barbara E. Tillman,
Acting Deputy Assistant Secretary for
Import Administration, to Joseph A.
Spetrini, Acting Assistant Secretary for
Import Administration concerning the
‘‘Final Results of Countervailing Duty
Administrative Reviews: Low Enriched
AGENCY:
VerDate jul<14>2003
16:15 Jul 11, 2005
Jkt 205001
Scope of the Orders
For purposes of these orders, the
product covered 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 these orders. Specifically, these
orders do 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 these orders. For purposes of
these orders, fabricated uranium is
defined as enriched uranium dioxide
(UO2), whether or not contained in
1 Petitioners are the United States Enrichment
Corporation (USEC) and USEC Inc.
PO 00000
Frm 00014
Fmt 4703
Sfmt 4703
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 these orders.
Also excluded from these orders 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
designated 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 these
orders is currently classifiable in the
Harmonized Tariff Schedule of the
United States (HTSUS) at subheading
2844.20.0020. Subject merchandise may
also enter under HTSUS subheadings
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 Record 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 https://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 777A(e)(1)
of the Act and 19 CFR 351.221(b)(5), we
calculated an ad valorem subsidy rate
for the Urenco Group for calendar year
E:\FR\FM\12JYN1.SGM
12JYN1
Federal Register / Vol. 70, No. 132 / Tuesday, July 12, 2005 / Notices
2003. The total net subsidy rate for the
Urenco Group in these reviews is 0.00
percent ad valorem for the POR.
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 Urenco from
Germany, the Netherlands, and the
United Kingdom entered, or withdrawn
from warehouse, for consumption from
January 1, 2003, through December 31,
2003, without regard to countervailing
duties. Moreover, the Department also
will instruct CBP not to collect cash
deposits of estimated countervailing
duties 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 period
January 1, 2003, through December 31,
2003, 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.
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 rate that will be applied to non–
reviewed companies covered by this
order will be the rate for that company
established in the investigations. See
Notice of Amended Final
Determinations and Notice of
Countervailing Duty Orders: Low
Enriched Uranium from Germany, the
Netherlands and the United Kingdom,
67 FR 6688 (February 13, 2002)
(Amended Final). The ‘‘all others’’ rate
shall apply to all non–reviewed
companies until a review of a company
assigned this rate is requested. In
addition, for the period January 1, 2003,
through December 31, 2003, 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.
These administrative reviews and this
notice are issued and published in
accordance with sections 751(a)(1) and
777(i) of the Act.
VerDate jul<14>2003
16:15 Jul 11, 2005
Jkt 205001
Dated: July 5, 2005.
Barbara E. Tillman,
Acting Assistant Secretary for Import
Administration.
Appendix I - Issues and Decision
Memorandum
I. METHODOLOGY AND
BACKGROUND INFORMATION
A. International Consortium
II. SUBSIDIES VALUATION
INFORMATION
A. Allocation Period
III. ANALYSIS OF PROGRAMS
A. Programs Determined Not to
Confer a Benefit from the
Government of Germany
1. Enrichment Technology Research
and Development Program
2. Forgiveness of Centrifuge
Enrichment Capacity Subsidies
B. Programs Determined Not to Be
Used from the Government of the
Netherlands
1. Wet Investeringsrekening Law
(WIR)
2. Regional Investment Premium
IV. TOTAL AD VALOREM RATE
V. ANALYSIS OF COMMENTS
Comment 1: Net Countervailable
Subsidy Rate
Comment 2: Draft Cash Deposit and
Liquidation Instructions
Comment 3: Enrichment Services
Comment 4: Allocation Period
Comment 5: Centrifuge Enrichment
Capacity Subsidies by the
Government of Germany
[FR Doc. E5–3689 Filed 7–11–05; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
International Buyer Program Support
for Domestic Trade Shows
International Trade
Administration, Department of
Commerce.
ACTION: Notice and call for applications
for the International Buyer Program for
the period October 1, 2006, through
December 31, 2007.
AGENCY:
CONTACT: Office of Global Trade
Programs; Room 2012; Department of
Commerce; Washington, DC 20230; tel:
(202) 482–4457; Fax: (202) 482–0178.
SUMMARY: This notice sets forth
objectives, procedures and application
review criteria associated with support
for domestic trade shows by the
International Buyer Program of the U.S.
Department of Commerce (DOC). As the
program is changing from a fiscal year
to a calendar year basis, this
PO 00000
Frm 00015
Fmt 4703
Sfmt 4703
40001
announcement covers selection for
International Buyer Program
participation for Fiscal Year 2007
(October 1, 2006 through September 30,
2007) and the 1st quarter of Fiscal Year
2008 (October 1, 2007 through
December 31, 2007).
The International Buyer Program was
established to bring international buyers
together with U.S. firms by promoting
leading U.S. trade shows in industries
with high export potential. The
International Buyer Program emphasizes
cooperation between the DOC and trade
show organizers to benefit U.S. firms
exhibiting at selected events and
provides practical, hands-on assistance
such as export counseling and market
analysis to U.S. companies interested in
exporting. The assistance provided to
show organizers includes worldwide
overseas promotion of selected shows to
potential international buyers, endusers, representatives and distributors.
The worldwide promotion is executed
through the offices of the DOC United
States and Foreign Commercial Service
(hereinafter referred to as the
Commercial Service) in more than 70
countries representing America’s major
trading partners, and also in U.S.
Embassies in countries where the
Commercial Service does not maintain
offices. As the program is changing from
a fiscal year to a calendar year basis, the
Department expects to select
approximately 50 shows for the October
1, 2006 through December 31, 2007
period from among applicants to the
program. Shows selected for the
International Buyer Program will
provide a venue for U.S. companies
interested in expanding their sales into
international markets. Successful show
organizer applicants will be required to
enter into a Memorandum of
Understanding (MOU) with the DOC.
The MOU constitutes an agreement
between the DOC and the show
organizer specifying which
responsibilities are to be undertaken by
DOC as part of the IBP and, in turn,
which responsibilities are to be
undertaken by the show organizer.
Anyone requesting information about
applying will be sent a copy of the MOU
along with the application package. The
responsibilities to be undertaken by
DOC will be carried out by the
Commercial Service.
Applications must be received
within 60 days after the publication date
of this Federal Register notice.
Participation fees (discussed below) are
for shows selected and promoted during
the period between October 1, 2006, and
December 31, 2007.
DATES:
E:\FR\FM\12JYN1.SGM
12JYN1
Agencies
[Federal Register Volume 70, Number 132 (Tuesday, July 12, 2005)]
[Notices]
[Pages 40000-40001]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-3689]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
(C-428-829); (C-421-809); (C-412-821)
Final Results of Countervailing Duty Administrative Reviews: Low
Enriched Uranium from Germany, the Netherlands, and the United Kingdom
AGENCY: Import Administration, International Trade Administration,
Department of Commerce
SUMMARY: On March 7, 2005, the Department of Commerce (the Department)
published in the Federal Register its preliminary results of
administrative reviews of the countervailing duty (CVD) orders on low
enriched uranium from Germany, the Netherlands, and the United Kingdom
for the period January 1, 2003, through December 31, 2003 (see
Preliminary Results of Countervailing Duty Administrative Reviews: Low
Enriched Uranium from Germany, the Netherlands, and the United Kingdom,
70 FR 10986 (March 7, 2005) (Preliminary Results)). The Department has
now completed these administrative reviews 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 not revised the
net subsidy rate for Urenco Deutschland GmbH of Germany (UD), Urenco
Nederland B.V. of the Netherlands (UNL), Urenco (Capenhurst) Limited
(UCL) of the United Kingdom, Urenco Ltd., and Urenco Inc.
(collectively, the Urenco Group or respondents), the producers/
exporters of subject merchandise covered by these reviews. For further
discussion of our positions, see the ``Issues and Decision Memorandum''
from Barbara E. Tillman, Acting Deputy Assistant Secretary for Import
Administration, to Joseph A. Spetrini, Acting Assistant Secretary for
Import Administration concerning the ``Final Results of Countervailing
Duty Administrative Reviews: Low Enriched Uranium from Germany, the
Netherlands, and the United Kingdom'' (Decision Memorandum) dated July
5, 2005. The final net subsidy rates for the reviewed companies are
listed below in the section entitled ``Final Results of Reviews.''
EFFECTIVE DATE: July 12, 2005.
FOR FURTHER INFORMATION CONTACT: Darla Brown, AD/CVD Operations, Office
3, 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 March 7, 2005, the Department published in the Federal Register
its Preliminary Results. We invited interested parties to comment on
the results. Since the preliminary results, the following events have
occurred.
On April 6, 2005, we received case briefs from respondents. In
their case brief, respondents requested a hearing. On April 11, 2005,
we received rebuttal briefs from petitioners.\1\ On April 12, 2005,
respondents withdrew their request for a hearing.
---------------------------------------------------------------------------
\1\ Petitioners are the United States Enrichment Corporation
(USEC) and USEC Inc.
---------------------------------------------------------------------------
Pursuant to 19 CFR 351.213(b), these reviews cover only those
producers or exporters of the subject merchandise for which a review
was specifically requested. Accordingly, these reviews cover the Urenco
Group. These reviews cover the period January 1, 2003, through December
31, 2003, and four programs.
Scope of the Orders
For purposes of these orders, the product covered 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 these orders.
Specifically, these orders 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 orders. For purposes of these orders, 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
orders.
Also excluded from these orders 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 designated
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 these orders is currently classifiable
in the Harmonized Tariff Schedule of the United States (HTSUS) at
subheading 2844.20.0020. Subject merchandise may also enter under HTSUS
subheadings 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 Record 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 https://
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 777A(e)(1) of the Act and 19 CFR
351.221(b)(5), we calculated an ad valorem subsidy rate for the Urenco
Group for calendar year
[[Page 40001]]
2003. The total net subsidy rate for the Urenco Group in these reviews
is 0.00 percent ad valorem for the POR.
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 Urenco from Germany, the
Netherlands, and the United Kingdom entered, or withdrawn from
warehouse, for consumption from January 1, 2003, through December 31,
2003, without regard to countervailing duties. Moreover, the Department
also will instruct CBP not to collect cash deposits of estimated
countervailing duties 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 period January 1, 2003, through
December 31, 2003, 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.
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 rate that
will be applied to non-reviewed companies covered by this order will be
the rate for that company established in the investigations. See Notice
of Amended Final Determinations and Notice of Countervailing Duty
Orders: Low Enriched Uranium from Germany, the Netherlands and the
United Kingdom, 67 FR 6688 (February 13, 2002) (Amended Final). The
``all others'' rate shall apply to all non-reviewed companies until a
review of a company assigned this rate is requested. In addition, for
the period January 1, 2003, through December 31, 2003, 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.
These administrative reviews and this notice are issued and
published in accordance with sections 751(a)(1) and 777(i) of the Act.
Dated: July 5, 2005.
Barbara E. Tillman,
Acting Assistant Secretary for Import Administration.
Appendix I - Issues and Decision Memorandum
I. METHODOLOGY AND BACKGROUND INFORMATION
A. International Consortium
II. SUBSIDIES VALUATION INFORMATION
A. Allocation Period
III. ANALYSIS OF PROGRAMS
A. Programs Determined Not to Confer a Benefit from the Government
of Germany
1. Enrichment Technology Research and Development Program
2. Forgiveness of Centrifuge Enrichment Capacity Subsidies
B. Programs Determined Not to Be Used from the Government of the
Netherlands
1. Wet Investeringsrekening Law (WIR)
2. Regional Investment Premium
IV. TOTAL AD VALOREM RATE
V. ANALYSIS OF COMMENTS
Comment 1: Net Countervailable Subsidy Rate
Comment 2: Draft Cash Deposit and Liquidation Instructions
Comment 3: Enrichment Services
Comment 4: Allocation Period
Comment 5: Centrifuge Enrichment Capacity Subsidies by the
Government of Germany
[FR Doc. E5-3689 Filed 7-11-05; 8:45 am]
BILLING CODE 3510-DS-S