Low Enriched Uranium From France: Initiation of Antidumping Duty Changed Circumstances Review, 1059 [2012-157]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 77, Number 5 (Monday, January 9, 2012)]
[Notices]
[Page 1059]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-157]



[[Page 1059]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-427-818]


Low Enriched Uranium From France: Initiation of Antidumping Duty 
Changed Circumstances Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

SUMMARY: Pursuant to section 751(b) of the Tariff Act of 1930, as 
amended (the Act), and 19 CFR 351.216 and 351.221(c)(3), the Department 
of Commerce (Department) is initiating a changed circumstances review 
of the antidumping duty order on low enriched uranium (LEU) from France 
with respect to Eurodif S.A. and AREVA NP Inc. (collectively, AREVA).

DATES: Effective Date: January 9, 2012.

FOR FURTHER INFORMATION CONTACT: Emily Halle, AD/CVD Operations, Office 
6, Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue NW., 
Washington, DC 20230; telephone: (202) 482-0176.

SUPPLEMENTARY INFORMATION:

Background

    On December 5, 2011, AREVA requested that the Department initiate 
and conduct an expedited changed circumstances review to amend the 
scope of the antidumping duty order as it applies to one entry of LEU 
entered by AREVA that was not subject to the antidumping duty order at 
the time of entry. AREVA provided additional information on December 
13, 2011, including entry documentation and a more detailed description 
of the circumstances leading to this request.\1\ At the time of the 
entry at issue, the entry met the requirements of a narrow exclusion 
from the scope of the order (see Scope of the Order section, below). 
However, as a result of the temporary shutdown of its Japanese customer 
caused by the earthquake and tsunami that struck Japan on March 11, 
2011,\2\ AREVA will be unable to meet the requirements of the scope 
exclusion by re-exporting the LEU within the specified deadline. 
Therefore, AREVA is requesting that the Department conduct a changed 
circumstances review for the purpose of amending the scope of the order 
to extend by 18 months the deadline for re-exporting the LEU entry at 
issue.
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    \1\ See Letter from AREVA, ``Low Enriched Uranium from France,'' 
dated December 13, 2011.
    \2\ See Letter from AREVA, ``Low Enriched Uranium from France,'' 
dated December 5, 2011.
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    On December 14, 2011, USEC Inc. and its subsidiary, United States 
Enrichment Corporation (collectively, ``USEC''), submitted a letter 
expressing no objection to AREVA's request regarding the entry at 
issue.

Scope of the Order

    The product covered by the 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 the order. 
Specifically, the 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 the order. For purposes of the 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 the order.
    Also excluded from the order is LEU owned by a foreign utility end-
user and imported into the United States by or for such end-user solely 
for purposes of conversion by a U.S. fabricator into uranium dioxide 
(UO2) and/or fabrication into fuel assemblies so long as the 
uranium dioxide and/or fuel assemblies deemed to incorporate such 
imported LEU (i) remain in the possession and control of the U.S. 
fabricator, the foreign end-user, or their designed transporter(s) 
while in U.S. customs territory, and (ii) are re-exported within 
eighteen (18) months of entry of the LEU for consumption by the end-
user in a nuclear reactor outside the United States. Such entries must 
be accompanied by the certifications of the importer and end user.
    The merchandise subject to this order is classified 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 subject to this proceeding is dispositive.

Initiation of Changed Circumstances Review

    Pursuant to section 751(b)(1) of the Act and 19 CFR 351.216(d), the 
Department will conduct a changed circumstances review upon receipt of 
information concerning, or a request from an interested party for a 
review of, an antidumping duty order which shows changed circumstances 
sufficient to warrant a review of the order. Based on the information 
and documentation AREVA submitted in its December 5 and December 13, 
2011 letters, we find that we have received information which shows 
changed circumstances sufficient to warrant initiation of such a review 
in order to determine whether the circumstance described by AREVA 
support an extension of the 18-month period to re-export the specified 
entry of LEU that is currently under the 18-month exclusion from the 
antidumping duty order.\3\ Therefore, in accordance with the above-
referenced statute and regulation, the Department is initiating a 
changed circumstances review.
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    \3\ See 19 CFR 351.216(d).
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    AREVA also requested that the Department conduct an expedited 
changed circumstances review, in accordance with 19 CFR 
351.221(c)(3)(ii), and issue the preliminary results of changed 
circumstances review together with the initiation. The Department has 
decided that simultaneous issuance of the preliminary review is not 
appropriate. However, the Department does intend to issue the 
preliminary results of the changed circumstances review within 30 days 
of the publication of this initiation notice. Parties wishing to 
provide factual information for the Department's consideration must do 
so within 15 days of the publication of this notice. We intend to issue 
the final results of the changed circumstances review within 270 days 
from the date of initiation of this changed circumstance review, or 
within 45 days of the date of initiation if all parties to the 
proceeding agree to the outcome of the review.\4\
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    \4\ See 19 CFR 351.216(e).
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    This notice of initiation is in accordance with section 751(b)(1) 
of the Act and 19 CFR 351.221(b)(1).

    Dated: December 30, 2011.
Gary Taverman,
Acting Deputy Assistant Secretary, for Antidumping and Countervailing 
Duty Operations.
[FR Doc. 2012-157 Filed 1-6-12; 8:45 a.m.]
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