Final Results of Countervailing Duty Administrative Review: Low Enriched Uranium from France, 47774-47775 [E6-13683]

Download as PDF jlentini on PROD1PC65 with NOTICES 47774 Federal Register / Vol. 71, No. 160 / Friday, August 18, 2006 / Notices level which the Committee does not normally consider to be an adverse impact on a contractor. The subcontractor and its employee indicated that addition of the service to the Procurement List would have a serious economic impact on the company, its workers, and the depressed rural area where the service is performed. The nonprofit agency which will be performing the service will do some subcontracting, which could mitigate this economic impact. In addition, people with severe disabilities have an unemployment rate of approximately 70 percent, which exceeds the unemployment rate of the persons likely to be adversely affected by this addition to the Procurement List. Consequently, the affected persons are more likely than those who will be employed on the project to find other work. Given that circumstance, and the Committee’s mission to create work for people with severe disabilities, the Committee believes that the employment benefits of adding this service to the Procurement List outweigh the possible disadvantages the addition may cause. The subcontractor and its employee also raised several safety and technical issues concerning performance of the service by people with severe disabilities. They noted that some mowing must be done on a high levee with extremely steep sides and surrounded by deep canals, and other mowing is done in park areas filled with expensive recreational vehicles and other easily damaged obstacles, as the frequent camper also noted. The subcontractor employee asked if the nonprofit agency has any experience in doing this kind of work. The subcontractor implied that acquisition of the equipment needed to do the work would put a further strain on the national budget. The nonprofit agency has several grounds maintenance and custodial contracts with the State of Florida, so they are familiar with this kind of work. They are in the process of obtaining the specialized equipment needed to do the work and hiring qualified personnel. The Government will not pay extra to allow the nonprofit agency to acquire this equipment, which includes enclosed cab tractors with built-in and included safety equipment. The nonprofit agency will conduct extensive safety and other training to assure the workers are fully capable of doing the work. More experienced workers will be used in the steeper areas, and the use of people with severe disabilities will be phased in to all facets of the work, which includes custodial and security VerDate Aug<31>2005 18:35 Aug 17, 2006 Jkt 208001 as well as grounds maintenance services, to assure that all workers are able to do the work safely and efficiently, with little or no damage to persons or property. After consideration of the material presented to it concerning capability of qualified nonprofit agencies to provide the products and impact of the additions on the current or most recent contractors, the Committee has determined that the service listed below is suitable for procurement by the Federal Government under 41 U.S.C. 46–48c and 41 CFR 51–2.4. Sheryl D. Kennerly, Director, Information Management. [FR Doc. E6–13672 Filed 8–17–06; 8:45 am] BILLING CODE 6353–01–P DEPARTMENT OF COMMERCE International Trade Administration [C–427–819] Final Results of Countervailing Duty Administrative Review: Low Enriched Uranium from France Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On February 15, 2006, 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 (‘‘LEU’’) from France for the period January 1, 2004, through December 31, 2004 (see Notice of Preliminary Results of Countervailing Duty Administrative Review: Low Enriched Uranium from France, 71 FR 7924 (February 15, 2006) (‘‘LEU 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 our analysis of the comments received, the Department has not 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 our analysis of the comments received for these final results, see the August 14, 2006, Issues and Decision Memorandum from Stephen J. Claeys, Deputy Assistant Secretary for Import Administration, to David M. Spooner, Assistant Secretary for Import Administration, concerning the Final Results of Countervailing Duty AGENCY: PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 Administrative Review: Low Enriched Uranium from France (‘‘LEU 2004 Decision Memorandum’’). The final net subsidy rate for Eurodif/COGEMA is listed below in ‘‘Final Results of Review.’’ EFFECTIVE DATE: August 18, 2006. FOR FURTHER INFORMATION CONTACT: Kristen Johnson, AD/CVD Operations, Office 3, Import Administration, U.S. Department of Commerce, Room 4014, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482–4793. SUPPLEMENTARY INFORMATION: Background On February 15, 2006, the Department published in the Federal Register the preliminary results for this review (see LEU 2004 Preliminary Results). We invited interested parties to comment on the results. On March 20, 2006, we received case briefs from petitioners1 and Eurodif/COGEMA and the Government of France (‘‘GOF’’), the respondents. On March 23, 2006, and March 24, 2006, we received rebuttal briefs from respondents and petitioners, respectively. On May 2, 2006, the Department published in the Federal Register a notice of extension of the deadline for the final results of this administrative review. See Low Enriched Uranium from France: Extension of Time Limit for Final Results of Countervailing Duty Administrative Review, 71 FR 25813 (May 2, 2006). Pursuant to 19 CFR 351.213(b), this review covers only those producers or exporters of the subject merchandise for which a review was specifically requested. Accordingly, this review covers only Eurodif/COGEMA. The review covers the period January 1, 2004, through December 31, 2004, and two programs. Scope of the Order The product covered by this order is all 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 1 Petitioners are the United States Enrichment Corporation (‘‘USEC’’) and USEC Inc. E:\FR\FM\18AUN1.SGM 18AUN1 Federal Register / Vol. 71, No. 160 / Friday, August 18, 2006 / Notices 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 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 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. jlentini on PROD1PC65 with NOTICES Analysis of Comments Received All issues raised in the case and rebuttal briefs by parties to this review are addressed in the LEU 2004 Decision Memorandum, which is hereby adopted by this notice. A list of the issues contained in that decision memorandum is attached to this notice as Appendix I. Parties can find a complete discussion of the issues raised in this review and the corresponding recommendations in that public memorandum, which is on file in the Central Records Unit, room B–099 of the Main Commerce Building. In addition, a complete copy of the LEU 2004 Decision Memorandum can be accessed directly on the World Wide Web at http:// ia.ita.doc.gov/frn. The paper copy and electronic version of the decision memorandum are identical in content. VerDate Aug<31>2005 18:35 Aug 17, 2006 Jkt 208001 Final Results of Review In accordance with section 705(c)(1)(B)(i) of the Act, we calculated an ad valorem subsidy rate for Eurodif/ COGEMA. For the review period, we determine the net subsidy rate to be 5.06 percent ad valorem. As discussed in Comment 4 of the LEU 2004 Decision Memorandum, we have been enjoined from liquidating entries of the subject merchandise. Therefore, we do not intend to issue liquidation instructions to U.S. Customs and Border Protection (‘‘CBP’’) for entries made during the period January 1, 2004, through December 31, 2004, until such time as the injunctions, issued on June 24, 2002, November 1, 2004, and October 12, 2005, are lifted. We will, however, instruct CBP, within 15 days of publication of the final results of this review, to collect cash deposits of estimated countervailing duties at 5.06 percent ad valorem of the f.o.b. 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. We will also instruct CBP to continue to collect cash deposits for non– reviewed companies at the most recent company–specific 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 investigation. See Amended Final Determination and Notice of Countervailing Duty Order: Low Enriched Uranium from France, 67 FR 6689 (February 13, 2002). The ‘‘all others’’ rate shall apply to all non– reviewed companies until a review of a company assigned this rate is requested. 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. This administrative review and this notice are issued and published in accordance with section 751(a)(1) and 777(i)(1) of the Act. PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 47775 Dated: August 14, 2006. Joseph A. Spetrini, Acting Assistant Secretaryfor 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: Adequacy of Remuneration Comment 2: SWU Benchmark Comment 3: Rescission Comment 4: Draft Customs Instructions [FR Doc. E6–13683 Filed 8–17–06; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration Mission Statement; Secretarial Business Development Mission to China; November 13–17, 2006 International Trade Administration, Department of Commerce. ACTION: Notice. AGENCY: I. Mission Description Secretary of Commerce Carlos M. Gutierrez will lead a senior-level U.S. business delegation to Beijing and Shanghai, China, November 13–17, 2006, to promote U.S. exports to China’s leading industry sectors. The Mission will focus on assisting U.S. companies that are experienced exporters enter the Chinese market for the first time as well as assist U.S. companies operating in China increase their current level of exports. The Mission will help participating firms gain market information, make business and government contacts, solidify business strategies, and advance specific projects, all geared towards the goal of helping U.S. firms expand their exports to China. The Mission will include business-to-business matchmaking appointments with local companies, as well as meetings with key government officials, and American and local chambers of commerce. The Mission will additionally provide a platform for policy and commercial issues— including intellectual property rights protection, transparency, and rule-oflaw—that U.S. companies face in the Chinese market. The delegation will be E:\FR\FM\18AUN1.SGM 18AUN1

Agencies

[Federal Register Volume 71, Number 160 (Friday, August 18, 2006)]
[Notices]
[Pages 47774-47775]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-13683]


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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.
SUMMARY: On February 15, 2006, 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 (``LEU'') from France for the period January 1, 
2004, through December 31, 2004 (see Notice of Preliminary Results of 
Countervailing Duty Administrative Review: Low Enriched Uranium from 
France, 71 FR 7924 (February 15, 2006) (``LEU 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 our analysis of the comments received, the Department has 
not 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 our analysis of the comments received for these final 
results, see the August 14, 2006, Issues and Decision Memorandum from 
Stephen J. Claeys, Deputy Assistant Secretary for Import 
Administration, to David M. Spooner, Assistant Secretary for Import 
Administration, concerning the Final Results of Countervailing Duty 
Administrative Review: Low Enriched Uranium from France (``LEU 2004 
Decision Memorandum''). The final net subsidy rate for Eurodif/COGEMA 
is listed below in ``Final Results of Review.''

EFFECTIVE DATE: August 18, 2006.

FOR FURTHER INFORMATION CONTACT: Kristen Johnson, AD/CVD Operations, 
Office 3, Import Administration, U.S. Department of Commerce, Room 
4014, 14th Street and Constitution Avenue, NW, Washington, DC 20230; 
telephone: (202) 482-4793.

SUPPLEMENTARY INFORMATION:

Background

    On February 15, 2006, the Department published in the Federal 
Register the preliminary results for this review (see LEU 2004 
Preliminary Results). We invited interested parties to comment on the 
results. On March 20, 2006, we received case briefs from petitioners\1\ 
and Eurodif/COGEMA and the Government of France (``GOF''), the 
respondents. On March 23, 2006, and March 24, 2006, we received 
rebuttal briefs from respondents and petitioners, respectively. On May 
2, 2006, the Department published in the Federal Register a notice of 
extension of the deadline for the final results of this administrative 
review. See Low Enriched Uranium from France: Extension of Time Limit 
for Final Results of Countervailing Duty Administrative Review, 71 FR 
25813 (May 2, 2006).
---------------------------------------------------------------------------

    \1\ Petitioners are the United States Enrichment Corporation 
(``USEC'') and USEC Inc.
---------------------------------------------------------------------------

    Pursuant to 19 CFR 351.213(b), this review covers only those 
producers or exporters of the subject merchandise for which a review 
was specifically requested. Accordingly, this review covers only 
Eurodif/COGEMA. The review covers the period January 1, 2004, through 
December 31, 2004, and two programs.

Scope of the Order

    The product covered by this order is all LEU. LEU is enriched 
uranium hexafluoride (UF[bdi6]) with a U[bdi2][bdi3][bdi5] 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[bdi2][bdi3][bdi5] assay of 20

[[Page 47775]]

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[bdi2][bdi3][bdi5] concentration of no greater than 0.711 percent and 
natural uranium concentrates converted into uranium hexafluoride with a 
U[bdi2][bdi3][bdi5] 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 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 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 
this review are addressed in the LEU 2004 Decision Memorandum, which is 
hereby adopted by this notice. A list of the issues contained in that 
decision memorandum is attached to this notice as Appendix I. Parties 
can find a complete discussion of the issues raised in this review and 
the corresponding recommendations in that public memorandum, which is 
on file in the Central Records Unit, room B-099 of the Main Commerce 
Building. In addition, a complete copy of the LEU 2004 Decision 
Memorandum can be accessed directly on the World Wide Web at http://
ia.ita.doc.gov/frn. The paper copy and electronic version of the 
decision memorandum are identical in content.

Final Results of Review

    In accordance with section 705(c)(1)(B)(i) of the Act, we 
calculated an ad valorem subsidy rate for Eurodif/COGEMA. For the 
review period, we determine the net subsidy rate to be 5.06 percent ad 
valorem.
    As discussed in Comment 4 of the LEU 2004 Decision Memorandum, we 
have been enjoined from liquidating entries of the subject merchandise. 
Therefore, we do not intend to issue liquidation instructions to U.S. 
Customs and Border Protection (``CBP'') for entries made during the 
period January 1, 2004, through December 31, 2004, until such time as 
the injunctions, issued on June 24, 2002, November 1, 2004, and October 
12, 2005, are lifted.
    We will, however, instruct CBP, within 15 days of publication of 
the final results of this review, to collect cash deposits of estimated 
countervailing duties at 5.06 percent ad valorem of the f.o.b. 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.
    We will also instruct CBP to continue to collect cash deposits for 
non-reviewed companies at the most recent company-specific 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 investigation. See Amended 
Final Determination and Notice of Countervailing Duty Order: Low 
Enriched Uranium from France, 67 FR 6689 (February 13, 2002). The ``all 
others'' rate shall apply to all non-reviewed companies until a review 
of a company assigned this rate is requested.
    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.
    This administrative review and this notice are issued and published 
in accordance with section 751(a)(1) and 777(i)(1) of the Act.

    Dated: August 14, 2006.
Joseph A. Spetrini,
Acting Assistant Secretaryfor 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: Adequacy of Remuneration
Comment 2: SWU Benchmark
Comment 3: Rescission
Comment 4: Draft Customs Instructions
[FR Doc. E6-13683 Filed 8-17-06; 8:45 am]
BILLING CODE 3510-DS-S