Notice of Amended Final Results of Antidumping Duty Administrative Review: Low Enriched Uranium from France, 61253-61254 [E5-5820]
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Federal Register / Vol. 70, No. 203 / Friday, October 21, 2005 / Notices
Department) published in the Federal
Register a notice announcing the
initiation of an administrative review of
the antidumping duty order on certain
large diameter carbon and alloy
seamless standard, line, and pressure
pipe from Japan, covering the period
June 1, 2004, through May 31, 2005. See
Notice of Initiation of Antidumping and
Countervailing Duty Administrative
Reviews and Request for Revocation in
Part 70 FR 42028 (July 15, 2005)
(Initiation Notice). The review was
requested by United States Steel
Corporation (the petitioner). We are now
rescinding this review as a result of the
petitioner’s withdrawal of its request for
an administrative review.
FOR FURTHER INFORMATION CONTACT:
Constance Handley or David Layton, at
(202) 482–0631 or (202) 482–0371,
respectively, AD/CVD Operations Office
1, Import Administration, International
Trade Administration, U.S. Department
of Commerce, 14th Street & Constitution
Avenue, NW, Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Dated: October 14, 2005.
Gary Taverman,
Acting Deputy Assistant Secretaryfor Import
Administration.
[FR Doc. E5–5828 Filed 10–20–05; 8:45 am]
BILLING CODE 3510–DS–S
Background
In accordance with 19 CFR
351.213(b), on June 30, 2005, the
petitioner requested an administrative
review of the antidumping duty order
for JFE Steel Corporation, Nippon Steel
Corporation, NKK Tubes, and Sumitomo
Metal Industries, Ltd. on certain large
diameter carbon and alloy seamless
standard, line, and pressure pipe from
Japan. None of the respondents
requested a review. On July 15, 2005, in
accordance with 19 CFR
351.221(c)(1)(i), we published the
initiation of an administrative review of
this order for the period June 1, 2004,
through May 31, 2005. See Initiation
Notice. On September 20, 2005, the
petitioner timely withdrew its request
for an administrative review of certain
large diameter carbon and alloy
seamless standard, line, and pressure
pipe from Japan.
Rescission of Review
The Department’s regulations at
351.213(d)(1) provide that the
Department will rescind an
administrative review if the party that
requested the review withdraws its
request for review within 90 days of the
date of publication of the notice of
initiation of the requested review, or
withdraws its request at a later date if
the Department determines that it is
reasonable to extend the time limit for
withdrawing the request. The petitioner
withdrew its request within the 90-day
period and was the only party to request
this review. Accordingly, we are
VerDate Aug<31>2005
rescinding this review. The Department
will issue appropriate assessment
instructions to U.S. Customs and Border
Protection within 15 days of publication
of this notice.
This notice 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 the return or
destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and terms of an
APO is a sanctionable violation.
This notice is issued and published in
accordance with 19 CFR 351.213(d)(4)
and section 777(i)(1) of the Tariff Act of
1930, as amended.
15:13 Oct 20, 2005
Jkt 208001
DEPARTMENT OF COMMERCE
International Trade Administration
[A–427–818]
Notice of Amended Final Results of
Antidumping Duty Administrative
Review: Low Enriched Uranium from
France
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On September 14, 2005, the
Department of Commerce (the
Department) published the final results
of its second administrative review of
the antidumping duty order on low
enriched uranium (LEU) from France for
the period February 1, 2003, through
January 31, 2004. See Notice of Final
Results of Antidumping Duty
Administrative Review: Low Enriched
Uranium from France, 70 FR 54359
(September 14, 2005). On September 14,
2005, in accordance with 19 CFR
351.224(c)(2), we received timely filed
ministerial error allegations from
respondent, Eurodif S.A., Compagnie
´ ´
`
´
Generale Des Matieres Nucleaires, S.A.
and COGEMA, Inc. (collectively,
Eurodif/COGEMA), and the United
States Enrichment Corporation and
USEC Inc. (collectively, USEC or the
petitioner). On September 19, 2005, we
received rebuttal comments from
Eurodif/COGEMA and the petitioner.
Based on our analysis of the parties’
AGENCY:
PO 00000
Frm 00010
Fmt 4703
Sfmt 4703
61253
comments, the Department has revised
the antidumping duty margin for
Eurodif/COGEMA. Accordingly, we are
amending our final results.
EFFECTIVE DATE: October 21, 2005.
FOR FURTHER INFORMATION CONTACT:
Myrna Lobo or Elfi Blum, AD/CVD
Operations, Office 6, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street & Constitution
Avenue, NW, Washington, DC 20230;
telephone: (202) 482–2371 or (202) 482–
0197, respectively.
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.
E:\FR\FM\21OCN1.SGM
21OCN1
61254
Federal Register / Vol. 70, No. 203 / Friday, October 21, 2005 / Notices
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.
to the total entered value of the
examined sales for that importer. Where
the assessment rate is above de minimis,
we will instruct CBP to assess duties on
all entries of subject merchandise by
that importer. The Department will not
issue liquidation instructions for any
entries of Eurodif/COGEMA
merchandise until such time as the July
1, 2002, injunction issued by the Court
of International Trade is lifted.
Allegations of Ministerial Errors
On September 14, 2005, Eurodif/
COGEMA and the petitioner each timely
filed, pursuant to 19 CFR 351.224(c)(2),
an allegation that the Department made
one ministerial error in its final results
of review. Respondent alleges that the
Department made a ministerial error in
the calculation of the constructed value
(CV) profit. Petitioner alleges that the
Department made a ministerial error in
its application of the R&D adjustment
factor to cost of manufacture (COM).
We have fully considered the parties’
allegations and rebuttal comments. Our
full analysis is contained in the
Memorandum to Joseph A. Spetrini,
Acting Assistant Secretary, from Gary
Taverman, Acting Deputy Assistant
Secretary, concerning the Amended
Final Results of the Administrative
Review of the Antidumping Duty Order
on Low Enriched Uranium from France
(2003–2004), Ministerial Error
Allegations (October 14, 2005) which is
on file in the Central Records Unit
(CRU), room B–099 of the main
Department building, and can be
accessed directly on the Web at https://
ia..ita.doc.gov. As a result of our
analysis, we have corrected our
calculations of CV profit.
Cash Deposits
Amended Final Results of Review
In accordance with 19 CFR
351.224(e), we have amended the final
results of this administrative review to
correct for the ministerial error. As a
result of this correction, Eurodif/
COGEMA’s weighted–average margin
has been amended as stated below.
Furthermore, the following deposit
requirements will be effective upon
publication of these amended final
results of this administrative review for
all shipments of LEU from France
entered, or withdrawn from warehouse,
for consumption on or after the
publication date of these amended final
results, as provided by section 751(a) of
the Tariff Act of 1930, as amended: (1)
for companies covered by this review,
the cash deposit rate will be the rate
listed above; (2) for merchandise
exported by producers or exporters not
covered in this review but covered in a
previous segment of this proceeding, the
cash deposit rate will continue to be the
company–specific rate published in the
most recent final results in which that
producer or exporter participated; (3) if
the exporter is not a firm covered in this
review or in any previous segment of
this proceeding, but the producer is, the
cash deposit rate will be that established
for the producer of the merchandise in
these final results of review or in the
most recent final results that covered
that producer; and (4) if neither the
exporter nor the producer is a firm
covered in this review or in any
previous segment of this proceeding, the
cash deposit rate will be 19.95 percent,
the ‘‘All Others’’ rate established in the
less–than-fair–value investigation.
These deposit requirements shall
remain in effect until publication of the
final results of the next administrative
review.
Reimbursement
This notice also serves as a final
reminder to importers of their
responsibility under 19 CFR 351.402(f)
COGEMA/Eurodif .......
9.75 to file a certificate regarding the
reimbursement of antidumping duties
Assessment
prior to liquidation of the relevant
entries during this review period.
The Department will determine, and
Failure to comply with this requirement
U.S. Customs and Border Protection
could result in the Secretary’s
(CBP) shall assess, antidumping duties
presumption that reimbursement of
on all appropriate entries, pursuant to
antidumping duties occurred, and in the
19 CFR 351.212(b). The Department
subsequent assessment of double
calculated importer–specific duty
assessment rates on the basis of the ratio antidumping duties.
of the total amount of antidumping
These amended final results are
duties calculated for the examined sales issued and published in accordance
Producer
VerDate Aug<31>2005
Weighted–Average
Margin (Percentage)
15:13 Oct 20, 2005
Jkt 208001
PO 00000
Frm 00011
Fmt 4703
Sfmt 4703
with sections 751(a) and (h) of the Act
and 19 CFR 351.224.
Dated: October 14, 2005.
Joseph A. Spetrini,
Acting Assistant Secretaryfor Import
Administration.
[FR Doc. E5–5820 Filed 10–20–05; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Proposed Information Collection;
Comment Request; Reporting of Sea
Turtle Incidental Take in Virginia
Chesapeake Bay Pound Net
Operations
National Oceanic and
Atmospheric Administration (NOAA).
ACTION: Notice.
AGENCY:
SUMMARY: The Department of
Commerce, as part of its continuing
effort to reduce paperwork and
respondent burden, invites the general
public and other Federal agencies to
take this opportunity to comment on
proposed and/or continuing information
collections, as required by the
Paperwork Reduction Act of 1995.
DATES: Written comments must be
submitted on or before December 20,
2005.
Direct all written comments
to Diana Hynek, Departmental
Paperwork Clearance Officer,
Department of Commerce, Room 6625,
14th and Constitution Avenue, NW.,
Washington, DC 20230 (or via the
Internet at dHynek@doc.gov).
FOR FURTHER INFORMATION CONTACT:
Requests for additional information or
copies of the information collection
instrument and instructions should be
directed to Mary Colligan, Assistant
Regional Administrator for Protected
Resources, National Marine Fisheries
Service (NMFS), One Blackburn Drive,
Gloucester, MA 01930 (ph. 978–281–
9116, fax 978–281–9394).
SUPPLEMENTARY INFORMATION:
ADDRESSES:
I. Abstract
This action would continue the
reporting measure requiring all Virginia
Chesapeake Bay pound net fishermen to
report interactions with endangered and
threatened sea turtles, found both live
and dead, in their pound net operations.
When a live or dead sea turtle is
discovered during a pound net trip, the
Virginia pound net fisherman are
required to report the incidental take to
NMFS and, if necessary, the appropriate
E:\FR\FM\21OCN1.SGM
21OCN1
]]>Agencies
[Federal Register Volume 70, Number 203 (Friday, October 21, 2005)]
[Notices]
[Pages 61253-61254]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-5820]
-----------------------------------------------------------------------
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.
SUMMARY: On September 14, 2005, the Department of Commerce (the
Department) published the final results of its second administrative
review of the antidumping duty order on low enriched uranium (LEU) from
France for the period February 1, 2003, through January 31, 2004. See
Notice of Final Results of Antidumping Duty Administrative Review: Low
Enriched Uranium from France, 70 FR 54359 (September 14, 2005). On
September 14, 2005, in accordance with 19 CFR 351.224(c)(2), we
received timely filed ministerial error allegations from respondent,
Eurodif S.A., Compagnie G[eacute]n[eacute]rale Des Mati[egrave]res
Nucl[eacute]aires, S.A. and COGEMA, Inc. (collectively, Eurodif/
COGEMA), and the United States Enrichment Corporation and USEC Inc.
(collectively, USEC or the petitioner). On September 19, 2005, we
received rebuttal comments from Eurodif/COGEMA and the petitioner.
Based on our analysis of the parties' comments, the Department has
revised the antidumping duty margin for Eurodif/COGEMA. Accordingly, we
are amending our final results.
EFFECTIVE DATE: October 21, 2005.
FOR FURTHER INFORMATION CONTACT: Myrna Lobo or Elfi Blum, AD/CVD
Operations, Office 6, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14\th\ Street &
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
2371 or (202) 482-0197, respectively.
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
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.
[[Page 61254]]
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.
Allegations of Ministerial Errors
On September 14, 2005, Eurodif/COGEMA and the petitioner each
timely filed, pursuant to 19 CFR 351.224(c)(2), an allegation that the
Department made one ministerial error in its final results of review.
Respondent alleges that the Department made a ministerial error in the
calculation of the constructed value (CV) profit. Petitioner alleges
that the Department made a ministerial error in its application of the
R&D adjustment factor to cost of manufacture (COM).
We have fully considered the parties' allegations and rebuttal
comments. Our full analysis is contained in the Memorandum to Joseph A.
Spetrini, Acting Assistant Secretary, from Gary Taverman, Acting Deputy
Assistant Secretary, concerning the Amended Final Results of the
Administrative Review of the Antidumping Duty Order on Low Enriched
Uranium from France (2003-2004), Ministerial Error Allegations (October
14, 2005) which is on file in the Central Records Unit (CRU), room B-
099 of the main Department building, and can be accessed directly on
the Web at https://ia..ita.doc.gov. As a result of our analysis, we have
corrected our calculations of CV profit.
Amended Final Results of Review
In accordance with 19 CFR 351.224(e), we have amended the final
results of this administrative review to correct for the ministerial
error. As a result of this correction, Eurodif/COGEMA's weighted-
average margin has been amended as stated below.
------------------------------------------------------------------------
Weighted-Average
Producer Margin (Percentage)
------------------------------------------------------------------------
COGEMA/Eurodif..................................... 9.75
------------------------------------------------------------------------
Assessment
The Department will determine, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries, pursuant to 19 CFR 351.212(b). The Department calculated
importer-specific duty assessment rates on the basis of the ratio of
the total amount of antidumping duties calculated for the examined
sales to the total entered value of the examined sales for that
importer. Where the assessment rate is above de minimis, we will
instruct CBP to assess duties on all entries of subject merchandise by
that importer. The Department will not issue liquidation instructions
for any entries of Eurodif/COGEMA merchandise until such time as the
July 1, 2002, injunction issued by the Court of International Trade is
lifted.
Cash Deposits
Furthermore, the following deposit requirements will be effective
upon publication of these amended final results of this administrative
review for all shipments of LEU from France entered, or withdrawn from
warehouse, for consumption on or after the publication date of these
amended final results, as provided by section 751(a) of the Tariff Act
of 1930, as amended: (1) for companies covered by this review, the cash
deposit rate will be the rate listed above; (2) for merchandise
exported by producers or exporters not covered in this review but
covered in a previous segment of this proceeding, the cash deposit rate
will continue to be the company-specific rate published in the most
recent final results in which that producer or exporter participated;
(3) if the exporter is not a firm covered in this review or in any
previous segment of this proceeding, but the producer is, the cash
deposit rate will be that established for the producer of the
merchandise in these final results of review or in the most recent
final results that covered that producer; and (4) if neither the
exporter nor the producer is a firm covered in this review or in any
previous segment of this proceeding, the cash deposit rate will be
19.95 percent, the ``All Others'' rate established in the less-than-
fair-value investigation. These deposit requirements shall remain in
effect until publication of the final results of the next
administrative review.
Reimbursement
This notice also serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f) to file a certificate regarding
the reimbursement of antidumping duties prior to liquidation of the
relevant entries during this review period. Failure to comply with this
requirement could result in the Secretary's presumption that
reimbursement of antidumping duties occurred, and in the subsequent
assessment of double antidumping duties.
These amended final results are issued and published in accordance
with sections 751(a) and (h) of the Act and 19 CFR 351.224.
Dated: October 14, 2005.
Joseph A. Spetrini,
Acting Assistant Secretaryfor Import Administration.
[FR Doc. E5-5820 Filed 10-20-05; 8:45 am]
BILLING CODE 3510-DS-S
