Final Results of Expedited Sunset Review: Countervailing Duty Order on Low Enriched Uranium from France, 26603-26604 [E7-9037]

Download as PDF Federal Register / Vol. 72, No. 90 / Thursday, May 10, 2007 / Notices Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). Cash–Deposit Requirements DEPARTMENT OF COMMERCE International Trade Administration [C–427–819] The following deposit requirements will be effective upon publication of the notice of final results of administrative review for all shipments of PRCBs from Malaysia entered, or withdrawn from warehouse, for consumption on or after the date of publication, as provided by section 751(a)(2)(C) of the Act: (1) The cash–deposit rate for Euro Plastics will be the rate established in the final results of review; (2) for previously investigated companies not listed above, the cash–deposit rate will continue to be the company–specific rate published in the Notice of Final Determination of Sales at Less Than Fair Value: Polyethylene Retail Carrier Bags From Malaysia, 69 FR 34128, 34129 (June 18, 2004); (3) if the exporter is not a firm covered in this review or the less–thanfair–value investigation but the manufacturer is, the cash–deposit rate will be the rate established for the most recent period for the manufacturer of the merchandise; (4) if neither the exporter nor the manufacturer has its own rate, the cash–deposit rate will be 84.94 percent, the ‘‘all others’’ rate for this proceeding. These deposit requirements, when imposed, shall remain in effect until further notice. Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On January 3, 2007, the Department of Commerce (‘‘the Department’’) initiated a sunset review of the countervailing duty (‘‘CVD’’) order on low enriched uranium (‘‘LEU’’) from France, pursuant to section 751(c) of the Tariff Act of 1930, as amended (‘‘the Act’’). On the basis of a notice of intent to participate and an adequate substantive response filed on behalf of a domestic interested party and inadequate response from respondent interested parties (in this case, no response), the Department determined to conduct an expedited sunset review of this CVD order pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(B). As a result of this sunset review, the Department finds that revocation of the CVD order would be likely to lead to continuation or recurrence of a countervailable subsidy at the level indicated in the ‘‘Final Results of Review’’ section of this notice. Notification to Importer EFFECTIVE DATE: This notice also serves as a preliminary 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 Department’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of doubled antidumping duties. These preliminary results of administrative review are issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act. pwalker on PROD1PC71 with NOTICES Dated: May 3, 2007. David M. Spooner, Assistant Secretary for Import Administration. [FR Doc. E7–9036 Filed 5–9–07; 8:45 am] BILLING CODE 3510–DS–S Final Results of Expedited Sunset Review: Countervailing Duty Order on Low Enriched Uranium from France AGENCY: May 10, 2007. FOR FURTHER INFORMATION CONTACT: Kristen Johnson or Brandon Farlander, AD/CVD Operations, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street & Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–4793 or (202) 482– 0182, respectively. SUPPLEMENTARY INFORMATION: Background On January 3, 2007, the Department initiated a sunset review of the CVD order on LEU from France pursuant to section 751(c) of the Act. See Initiation of Five-year (‘‘Sunset’’) Reviews, 72 FR 100 (January 3, 2007). On January 16, 2007, the Department received a notice of appearance on behalf of Eurodif S.A., a French producer of LEU, and its affiliated companies, including AREVA, an owner of Eurodif, and AREVA NC and AREVA NC, Inc., (collectively, ‘‘Eurodif/AREVA’’).1 Eurodif/AREVA is an interested party under section 771(9)(A) of the Act. On January 18, 1 AREVA was previously known as Compagnie Generale des Matieres Nucleaires (‘‘COGEMA’’). VerDate Aug<31>2005 17:49 May 09, 2007 Jkt 211001 PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 26603 2007, the Department received a notice of intent to participate on behalf of USEC Inc. and its subsidiary, United States Enrichment Corporation (collectively, ‘‘USEC’’), a domestic interested party. USEC, a domestic producer of LEU, is an interested party under section 771(9)(C) of the Act. On February 2, 2007, the Department received a complete substantive response from USEC within the 30-day deadline specified in 19 CFR 351.218(d)(3)(i). However, the Department did not receive a substantive response from any government or respondent interested party to this proceeding. As a result, pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), the Department conducted an expedited sunset review of this CVD order. 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 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 E:\FR\FM\10MYN1.SGM 10MYN1 26604 Federal Register / Vol. 72, No. 90 / Thursday, May 10, 2007 / Notices 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 pwalker on PROD1PC71 with NOTICES All issues raised in this review are addressed in the Issues and Decision Memorandum (‘‘Decision Memorandum’’) from Stephen J. Claeys, Deputy Assistant Secretary for Import Administration, to David M. Spooner, Assistant Secretary for Import Administration, dated May 2, 2007, which is hereby adopted by this notice. Parties can find a complete discussion of all issues raised in this review and the corresponding recommendation in this public memorandum which is on file in the Central Records Unit room B–099 of the main Commerce building. In addition, a complete version of the Decision Memorandum can be accessed directly on the Web at http:// ia.ita.doc.gov/frn. The paper copy and electronic version of the Decision Memorandum are identical in content. We are issuing and publishing the results and notice are in accordance with sections 751(c), 752, and 777(i)(1) of the Act. Dated: May 2, 2007. David M. Spooner, Assistant Secretary for Import Administration. [FR Doc. E7–9037 Filed 5–9–07; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648–XA11 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; South Atlantic Exempted Fishing Permit National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of receipt of an application for an exempted fishing permit; request for comments. AGENCY: SUMMARY: NMFS announces the receipt of an application for an exempted fishing permit (EFP) from Rachel Kalisperis on behalf of the South Carolina Aquarium. If granted, the EFP would authorize the applicant, with certain conditions, to collect limited numbers of groupers (not including goliath grouper), snappers, tilefishes, Final Results of Review sea basses, jacks, spadefish, grunts, porgies, mackerel, cero, cobia, dolphin The Department determines that fish, spiny lobster, little tunny, revocation of the CVD order would be triggerfishes, golden crab, hogfish, likely to lead to continuation or porkfish, puddingwife, red drum, scup, recurrence of a countervailable subsidy sheepshead, shrimp, wahoo, and at the rates listed below: wreckfish. Specimens would be Net Countervailable collected from Federal waters off the Producers/Exporters coast of South Carolina from 2007 to Subsidy (percent) 2012 and displayed at the South Eurodif S.A. and Carolina Aquarium, located in AREVA NC ................ 12.15 ad valorem Charleston, South Carolina. All Others ...................... 12.15 ad valorem DATES: Comments must be received no later than 5 p.m., eastern standard time, Notification Regarding Administrative on May 25, 2007. Protective Order ADDRESSES: Comments on the This notice serves as the only application may be sent via fax to 727– reminder to parties subject to 824–5308 or mailed to: Julie Weeder, administrative protective order (‘‘APO’’) Southeast Regional Office, NMFS, 263 of their responsibility concerning the 13th Avenue South, St. Petersburg, FL return or destruction of proprietary 33701. Comments may also be information disclosed under APO in submitted by e-mail. The mailbox accordance with 19 CFR 351.305. address for providing e-mail comments Timely notification of return/ is SouthCarolina.Aquarium@noaa.gov. destruction of APO materials or Include in the subject line of the e-mail conversion to judicial protective order is document the following text: Comment hereby requested. Failure to comply on South Carolina Aquarium EFP with the regulations and the terms of an Application. The application and APO is a sanctionable violation. related documents are available for VerDate Aug<31>2005 15:04 May 09, 2007 Jkt 211001 PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 review upon written request to the address above or the e-mail address below. FOR FURTHER INFORMATION CONTACT: Julie Weeder, 727–551–5753; fax 727–824– 5308; e-mail: Julie.Weeder@noaa.gov. SUPPLEMENTARY INFORMATION: The EFP is requested under the authority of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.), and regulations at 50 CFR 600.745(b) concerning exempted fishing. According to the applicant, the South Carolina Aquarium is a public, nonprofit institution located in Charleston, South Carolina. Its mission is to provide entertainment and education and to support conservation through aquatic exhibits displaying animals from South Carolina. The proposed collection for public display involves activities otherwise prohibited by regulations implementing the Fishery Management Plans (FMPs) for the Snapper-Grouper Fishery of the South Atlantic Region, Shrimp Fishery of the South Atlantic Region, Spiny Lobster Fishery of the Gulf of Mexico and South Atlantic, Dolphin and Wahoo Fishery off the Atlantic States, and Coastal Migratory Pelagics Resources. The applicant requires authorization to harvest and possess up to the following numbers of fishes during each 12-month period from June 20, 2007, to June 19, 2012: 50 Atlantic spadefish, 15 blueline tilefish, 12 cero, 6 cobia, 50 dolphin fish, 5 golden crab, 15 golden tilefish, 40 groupers of the genus Epinephelus (not including goliath grouper), 50 groupers of the genus Mycteroperca, 150 grunts, 6 hogfish, 100 jacks of the genus Caranx, 50 jacks of the genus Seriola, 15 king mackerel, 25 little tunny, 3 ocean triggerfish, 65 porgies, 15 porkfish, 2 puddingwife, 2 queen snapper, 12 red drum, 25 red porgy, 13 sand tilefish, 40 scup, 40 sea basses, 15 sheepshead, 375 shrimp, 75 snappers, 15 Spanish mackerel, 25 spiny lobster, 12 triggerfishes, 50 vermilion snapper, 5 wahoo, 10 wreckfish, and 15 yellowtail snapper. Specimens would be collected from Federal waters off the coast of South Carolina from June 20, 2007, to June 19, 2012. Fishes would be captured in some areas using hand nets in conjunction with scuba, dip nets deployed from a boat, hook and line, black sea bass pots, spiny lobster traps, golden crab traps, ‘‘bait fish’’ traps, ‘‘habitat’’ traps, and ‘‘octopus’’ traps. Black sea bass pots, spiny lobster traps, and golden crab traps will meet the construction requirements of 50 CFR 622.40. ‘‘Bait E:\FR\FM\10MYN1.SGM 10MYN1

Agencies

[Federal Register Volume 72, Number 90 (Thursday, May 10, 2007)]
[Notices]
[Pages 26603-26604]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-9037]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[C-427-819]


Final Results of Expedited Sunset Review: Countervailing Duty 
Order on Low Enriched Uranium from France

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On January 3, 2007, the Department of Commerce (``the 
Department'') initiated a sunset review of the countervailing duty 
(``CVD'') order on low enriched uranium (``LEU'') from France, pursuant 
to section 751(c) of the Tariff Act of 1930, as amended (``the Act''). 
On the basis of a notice of intent to participate and an adequate 
substantive response filed on behalf of a domestic interested party and 
inadequate response from respondent interested parties (in this case, 
no response), the Department determined to conduct an expedited sunset 
review of this CVD order pursuant to section 751(c)(3)(B) of the Act 
and 19 CFR 351.218(e)(1)(ii)(B). As a result of this sunset review, the 
Department finds that revocation of the CVD order would be likely to 
lead to continuation or recurrence of a countervailable subsidy at the 
level indicated in the ``Final Results of Review'' section of this 
notice.

EFFECTIVE DATE: May 10, 2007.

FOR FURTHER INFORMATION CONTACT: Kristen Johnson or Brandon Farlander, 
AD/CVD Operations, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street & Constitution 
Avenue NW, Washington, DC 20230; telephone: (202) 482-4793 or (202) 
482-0182, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On January 3, 2007, the Department initiated a sunset review of the 
CVD order on LEU from France pursuant to section 751(c) of the Act. See 
Initiation of Five-year (``Sunset'') Reviews, 72 FR 100 (January 3, 
2007). On January 16, 2007, the Department received a notice of 
appearance on behalf of Eurodif S.A., a French producer of LEU, and its 
affiliated companies, including AREVA, an owner of Eurodif, and AREVA 
NC and AREVA NC, Inc., (collectively, ``Eurodif/AREVA'').\1\ Eurodif/
AREVA is an interested party under section 771(9)(A) of the Act. On 
January 18, 2007, the Department received a notice of intent to 
participate on behalf of USEC Inc. and its subsidiary, United States 
Enrichment Corporation (collectively, ``USEC''), a domestic interested 
party. USEC, a domestic producer of LEU, is an interested party under 
section 771(9)(C) of the Act.
---------------------------------------------------------------------------

    \1\ AREVA was previously known as Compagnie Generale des 
Matieres Nucleaires (``COGEMA'').
---------------------------------------------------------------------------

    On February 2, 2007, the Department received a complete substantive 
response from USEC within the 30-day deadline specified in 19 CFR 
351.218(d)(3)(i). However, the Department did not receive a substantive 
response from any government or respondent interested party to this 
proceeding. As a result, pursuant to section 751(c)(3)(B) of the Act 
and 19 CFR 351.218(e)(1)(ii)(C)(2), the Department conducted an 
expedited sunset review of this CVD order.

Scope of the Order

    The product covered by this order is all 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 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

[[Page 26604]]

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 this review are addressed in the Issues and 
Decision Memorandum (``Decision Memorandum'') from Stephen J. Claeys, 
Deputy Assistant Secretary for Import Administration, to David M. 
Spooner, Assistant Secretary for Import Administration, dated May 2, 
2007, which is hereby adopted by this notice. Parties can find a 
complete discussion of all issues raised in this review and the 
corresponding recommendation in this public memorandum which is on file 
in the Central Records Unit room B-099 of the main Commerce building. 
In addition, a complete version of the Decision Memorandum can be 
accessed directly on the 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

    The Department determines that revocation of the CVD order would be 
likely to lead to continuation or recurrence of a countervailable 
subsidy at the rates listed below:

------------------------------------------------------------------------
                                                              Net
                 Producers/Exporters                    Countervailable
                                                       Subsidy (percent)
------------------------------------------------------------------------
Eurodif S.A. and AREVA NC...........................    12.15 ad valorem
All Others..........................................    12.15 ad valorem
------------------------------------------------------------------------

Notification Regarding Administrative Protective Order

    This notice serves as the only reminder to parties subject to 
administrative protective order (``APO'') of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305. Timely 
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.
    We are issuing and publishing the results and notice are in 
accordance with sections 751(c), 752, and 777(i)(1) of the Act.

    Dated: May 2, 2007.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E7-9037 Filed 5-9-07; 8:45 am]
BILLING CODE 3510-DS-S