Low Enriched Uranium From France: Initiation of Expedited Changed Circumstances Review, and Preliminary Results of Changed Circumstances Review, 52905-52907 [2013-20899]
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Federal Register / Vol. 78, No. 166 / Tuesday, August 27, 2013 / Notices
Closed Session
4. Discussion of matters determined to
be exempt from the provisions relating
to public meetings found in 5 U.S.C.
app. 2 §§ 10(a)(1) and 10(a)(3).
The open session will be accessible
via teleconference to 20 participants on
a first come, first serve basis. To join the
conference, submit inquiries to Ms.
Yvette Springer at Yvette.Springer@
bis.doc.gov no later than September 4,
2013.
A limited number of seats will be
available during the public session of
the meeting. Reservations are not
accepted. To the extent time permits,
members of the public may present oral
statements to the Committee. The public
may submit written statements at any
time before or after the meeting.
However, to facilitate distribution of
public presentation materials to
Committee members, the Committee
suggests that presenters forward the
public presentation materials prior to
the meeting to Ms. Springer via email.
The Assistant Secretary for
Administration, with the concurrence of
the delegate of the General Counsel,
formally determined on October 19,
2012, pursuant to Section 10(d) of the
Federal Advisory Committee Act, as
amended (5 U.S.C. app. 2 § (10)(d)), that
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found in 5 U.S.C. app. 2 §§ 10(a)(1) and
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meeting will be open to the public.
For more information, call Yvette
Springer at (202) 482–2813.
Dated: August 15, 2013.
Yvette Springer,
Committee Liaison Officer.
[FR Doc. 2013–20847 Filed 8–26–13; 8:45 am]
BILLING CODE P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–427–818]
tkelley on DSK3SPTVN1PROD with NOTICES
Low Enriched Uranium From France:
Initiation of Expedited Changed
Circumstances Review, and
Preliminary Results of Changed
Circumstances Review
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
AGENCY:
VerDate Mar<15>2010
15:54 Aug 26, 2013
Jkt 229001
Commerce (Department) is initiating a
changed circumstances review (CCR) of
the antidumping duty order on lowenriched uranium from France with
respect to Eurodif S.A. and AREVA NP
Inc. (collectively, AREVA). Moreover,
the Department has determined that it is
appropriate to conduct this CCR on an
expedited basis. Thus, the Department
has preliminarily determined to extend
the deadline for the re-exportation of
one specified entry of LEU until
November 1, 2015. The Department has
also preliminarily determined that this
will be the final extension. We invite
interested parties to comment on these
preliminary results.
DATES: Effective Date: August 27, 2013.
FOR FURTHER INFORMATION CONTACT:
Andrew Huston or Dana Mermelstein,
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) 482–4261 or (202) 482–
1391, respectively.
SUPPLEMENTARY INFORMATION:
Background
On February 13, 2002, the Department
published an order on low-enriched
uranium from France.1 The order
contains a provision to exclude from the
scope low-enriched uranium 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.2
On December 5, 2011, AREVA
requested that the Department initiate
and conduct an expedited CCR to
amend the scope of the order to extend
by 18 months the deadline for reexporting an entry of low-enriched
uranium for which AREVA reported it
would not be able to meet the deadline
for re-exportation.3 At the time of entry,
the low-enriched uranium at issue met
1 See Notice of Amended Final Determination and
Notice of Antidumping Duty Order: Low Enriched
Uranium From France, 67 FR 6680 (February 13,
2002).
2 See id.
3 See Letter from AREVA, ‘‘Low Enriched
Uranium from France,’’ dated December 5, 2011.
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Fmt 4703
Sfmt 4703
52905
the requirements for exclusion from the
scope outlined above. On April 2, 2012,
the Department published the final
results of the CCR, extending the
deadline for re-exportation of this sole
entry by 18 months, to no later than
November 1, 2013.4
On July 8, 2013, AREVA requested
that the Department initiate a CCR in
order to further extend the period for
the re-exportation this sole entry of lowenriched uranium from November 1,
2013, until November 1, 2015. AREVA
also requested that the Department
conduct the review on an expedited
basis. On August 7, 2013, USEC, Inc.,
and its subsidiary, United States
Enrichment Corporation (collectively,
USEC), filed a letter indicating that it
does not object to a further extension of
the deadline, as requested by AREVA,
for the re-exportation of this one
shipment.
Scope of the Order
The product covered by the order is
all low-enriched uranium. Lowenriched uranium 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 lowenriched uranium 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 U235 assay of 20
percent or greater, also known as highlyenriched uranium. In addition,
fabricated low-enriched uranium 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 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 the order.
Also excluded from the order is lowenriched uranium 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
4 See Low Enriched Uranium from France: Final
Results of Antidumping Duty Changed
Circumstances Review, 77 FR 19642 (April 2, 2012)
(Final Results of Changed Circumstances Review).
E:\FR\FM\27AUN1.SGM
27AUN1
52906
Federal Register / Vol. 78, No. 166 / Tuesday, August 27, 2013 / Notices
assemblies so long as the uranium
dioxide and/or fuel assemblies deemed
to incorporate such imported lowenriched uranium (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 reexported within eighteen (18) months of
entry of the low-enriched uranium 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.
tkelley on DSK3SPTVN1PROD with NOTICES
Initiation of Changed Circumstances
Review
Pursuant to section 751(b) of the Act
and 19 CFR 351.216 and 351.221(c)(3),
the Department is initiating a CCR of the
antidumping duty order on lowenriched uranium from France with
respect to AREVA. Based on the
information and documentation AREVA
submitted in its July 8, 2013, letter we
find that we have received information
which shows changed circumstances
sufficient to warrant initiation of a
review to determine if circumstances
support the extension of the time period
to re-export the specified entry of lowenriched uranium. Further, the
Department finds that it is appropriate
to conduct this review on an expedited
basis, and issue the preliminary results
along with this initiation.
Preliminary Results of Expedited
Changed Circumstances Review
Based on the Department’s analysis of
the information provided by AREVA
with its request for CCR, in accordance
with 19 CFR 351.216, we preliminarily
determine to amend the scope of the
order to extend by an additional 18
months the deadline for re-exporting the
LEU entry at issue. AREVA imported
the entry of LEU at issue into the United
States on November 1, 2010, for
fabrication and subsequent reexportation to the end-user, the
Japanese customer. The entry met the
conditions in the scope of the order for
exclusion from the order; both the
importer and the end-user filed with
U.S. Customs and Border Protection
(CBP) the certifications required for
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15:54 Aug 26, 2013
Jkt 229001
exclusion. As a result of the shutdown
of the Hamaoka nuclear power facility
following the March 11, 2011
earthquake and tsunami in Japan, the
Department extended the 18-month
period for the re-exportation of this
entry by an additional 18 months, until
November 1, 2013, and new
certifications were filed with CBP by the
importer and the end-user.5
AREVA’s July 8, 2013, request
explains its end-user is not yet in a
position to take delivery of the lowenriched uranium. AREVA provided
documents with its request indicating
that the improvements and the
earthquake and tsunami
countermeasures at the Hamaoka facility
have not been completed, as previously
anticipated, and the Japanese end-user
was unable to take delivery of the
subject merchandise within both the
original and the second, subsequent, 18month periods (i.e., since the shutdown
of the Hamaoka nuclear power facility
following the March 11, 2011
earthquake and tsunami in Japan), and
the end-user remains unable to take
delivery. Specifically, AREVA provided
a timeline, and correspondence from
Chubu Electric Power Co. Inc. and the
Japanese Ministry of Economy, Trade
and Industry regarding improvements to
the Hamaoka Nuclear Power Station and
the anticipated completion of the
earthquake and tsunami
countermeasures at the Hamaoka
facility.6
We preliminarily find that the
evidence provided by AREVA is
sufficient to establish that changed
circumstances exist. Therefore, in
accordance with 19 CFR 351.216, we
preliminarily find that it is appropriate
to extend further the deadline for reexportation of this sole entry of lowenriched uranium by an additional 24
months. Should these preliminary
results remain unchanged in the final
results, we will extend the deadline for
re-exportation of this entry to no later
than November 1, 2015. AREVA and the
end-user will be required to provide
new certifications to CBP prior to the
current deadline for re-exportation of
this entry, i.e., November 1, 2013.
Furthermore, because the result of the
extensions is that AREVA would have
five years from the date of the entry to
re-export the entry, we preliminarily
determine that it is appropriate to make
this extension final. Accordingly,
AREVA will be required to comply with
5 See Final Results of Changed Circumstances
Review.
6 See Letter from AREVA, ‘‘Low Enriched
Uranium from France: Request for Changed
Circumstances Review,’’ dated July 8, 2013.
PO 00000
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Fmt 4703
Sfmt 4703
the terms of the new certifications by
November 1, 2015, with no further
extension. Because the low-enriched
uranium shipment was entered as a
‘‘type 1’’ entry for consumption, outside
the scope of the order, and not
suspended or subject to antidumping
duties, we will require AREVA to
provide an additional certification by
November 1, 2015, stating its agreement
that it will pay antidumping duties on
the entry at the applicable rate if the reexportation deadline of November 1,
2015 is not met.
Public Comment
The Department specifically requests
that parties comment on the
Department’s preliminary determination
that this extension will be final,
addressing if relevant an appropriate
alternative for establishing an end-date
by which the re-exportation of this
shipment should be required, or any
other options for the final resolution of
this matter.
Any interested party may request a
hearing within 15 days of publication of
this notice. Any hearing, if requested,
will be held no later than 27 days after
the date of publication of this notice, or
the first business day thereafter. Persons
interested in attending the hearing, if
one is requested, should contact the
Department for the date and time of the
hearing. Case briefs from interested
parties may be submitted not later than
15 days after the date of publication of
this notice. Rebuttal briefs, limited to
the issues raised in the case briefs, may
be filed no later than five days after the
submission of case briefs. All written
comments shall be submitted in
accordance with 19 CFR 351.303.
Parties are reminded that as of August
5, 2011, with certain, limited
exceptions, all submissions for all
proceedings must be filed electronically
using Import Administration’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(IA ACCESS).7 An electronically filed
document must be received successfully
in its entirety by the Department’s
electronic records system, IA ACCESS,
by 5 p.m. Eastern Time (ET) on the
deadline.
The Department intends to issue the
final results of this CCR no later than
October 31, 2013. This date may be
extended in accordance with 19 CFR
351.216(e). The final results will
include the Department’s analysis of
issues raised in any written comments.
We are issuing and publishing these
preliminary results and notice in
7 For additional information on IA ACCESS,
please visit https://iaaccess.trade.gov/help.aspx.
E:\FR\FM\27AUN1.SGM
27AUN1
Federal Register / Vol. 78, No. 166 / Tuesday, August 27, 2013 / Notices
Article 3.25(4)–(5), when the President
of the United States determines that a
fabric, yarn, or fiber is not available in
commercial quantities in a timely
Dated: August 26, 2013.
manner in the territory of any Party. See
Ronald K. Lorentzen,
Annex 3.25 of the CAFTA–DR
Acting Assistant Secretary for Import
Agreement; see also section 203(o)(4)(C)
Administration.
of the CAFTA–DR Implementation Act.
[FR Doc. 2013–20899 Filed 8–26–13; 8:45 am]
The CAFTA–DR Implementation Act
BILLING CODE 3510–DS–P
requires the President to establish
procedures governing the submission of
a request and providing opportunity for
COMMITTEE FOR THE
interested entities to submit comments
IMPLEMENTATION OF TEXTILE
and supporting evidence before a
AGREEMENTS
commercial availability determination is
made. In Presidential Proclamations
Determination Under the Textile and
7987 and 7996, the President delegated
Apparel Commercial Availability
to CITA the authority under section
Provision of the Dominican Republic203(o)(4) of CAFTA–DR Implementation
Central America-United States Free
Act for modifying the Annex 3.25 list.
Trade Agreement (‘‘CAFTA–DR
Pursuant to this authority, on September
Agreement’’)
15, 2008, CITA published modified
procedures it would follow in
AGENCY: The Committee for the
considering requests to modify the
Implementation of Textile Agreements.
Annex 3.25 list of products determined
ACTION: Determination to add a product
in unrestricted quantities to Annex 3.25 to be not commercially available in the
territory of any Party to CAFTA–DR
of the CAFTA–DR agreement.
(Modifications to Procedures for
Considering Requests Under the
SUMMARY: The Committee for the
Commercial Availability Provision of
Implementation of Textile Agreements
the Dominican Republic-Central
(‘‘CITA’’) has determined that certain
America-United States Free Trade
polyester/nylon cut corduroy fabric, as
Agreement, 73 FR 53200) (‘‘CITA’s
specified below, is not available in
procedures’’).
commercial quantities in a timely
On July 25, the Chairman of CITA
manner in the CAFTA–DR countries.
received a request for a Commercial
The product will be added to the list in
Availability determination (‘‘Request’’)
Annex 3.25 of the CAFTA–DR
from Alston & Bird, LLP on behalf of
Agreement in unrestricted quantities.
SPC Global, LLC, for certain polyester/
DATES: Effective August 27, 2013.
nylon cut corduroy fabric, as specified
FOR FURTHER INFORMATION CONTACT:
below. On July 29, 2013, in accordance
Maria Dybczak, Office of Textiles and
with CITA’s procedures, CITA notified
Apparel, U.S. Department of Commerce,
interested parties of the Request, which
(202) 482–3651.
was posted on the dedicated Web site
For Further Information Online:
for CAFTA–DR Commercial Availability
https://web.ita.doc.gov/tacgi/
proceedings. In its notification, CITA
CaftaReqTrack.nsf under ‘‘Approved
advised that any Response with an Offer
Requests,’’ Referencen number: 184.2013.
to Supply (‘‘Response’’) must be
07.25.Fabric.Alston&BirdforSPCGlobal
submitted by August 8, 2013, and any
SUPPLEMENTARY INFORMATION:
Rebuttal Comments to a Response must
Authority: The CAFTA–DR Agreement;
be submitted by August 14, 2013, in
Section 203(o)(4) of the Dominican Republic- accordance with sections 6 and 7 of
Central America-United States Free Trade
CITA’s procedures. No interested entity
Agreement Implementation Act (‘‘CAFTA–
submitted a Response to the Request
DR Implementation Act’’), Public Law 109–
advising CITA of its objection to the
53; the Statement of Administrative Action,
Request and its ability to supply the
accompanying the CAFTA–DR
subject product.
Implementation Act; and Presidential
In accordance with section
Proclamations 7987 (February 28, 2006) and
203(o)(4)(C) of the CAFTA–DR
7996 (March 31, 2006).
Implementation Act, and section 8(c)(2)
Background:
The CAFTA–DR Agreement provides
of CITA’s procedures, as no interested
a list in Annex 3.25 for fabrics, yarns,
entity submitted a Response to object to
and fibers that the Parties to the
the Request with an offer to supply the
CAFTA–DR Agreement have
subject product, CITA has determined to
determined are not available in
add the specified fabric to the list in
commercial quantities in a timely
Annex 3.25 of the CAFTA–DR
manner in the territory of any Party. The Agreement.
The subject product has been added
CAFTA–DR Agreement provides that
to the list in Annex 3.25 of the CAFTA–
this list may be modified pursuant to
tkelley on DSK3SPTVN1PROD with NOTICES
accordance with sections 751(b)(1) and
777(i)(1) and (2) of the Act and 19 CFR
351.216.
VerDate Mar<15>2010
15:54 Aug 26, 2013
Jkt 229001
PO 00000
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52907
DR Agreement in unrestricted
quantities. A revised list has been
posted on the dedicated Web site for
CAFTA–DR Commercial Availability
proceedings.
Specifications: Certain Polyester/
Nylon Cut Corduroy Fabric.
HTS: 5801.32.0000.
Fiber Content: 80–95% polyester, 5–20%
nylon.
Yarn Size:
Warp: Polyester filament between 111–222
decitex (English: 100–200 denier).
Fill: Polyester filament 111–278 decitex
(English: 100–250 denier) and bi-constituent
polyester-nylon filament between 222–389
decitex (English: 200–350 denier).
NOTE 1: In the bi-constituent yarn, the
polyester and nylon are mixed prior to
extrusion.
NOTE 2: The yarn size designations
describe a range of specifications for yarn in
its greige condition. They are intended as
specifications to be followed by the mill in
sourcing yarn used to produce the fabric.
Weaving, dyeing, and finishing can alter the
characteristics of the yarn as it appears in the
finished fabric. This specification therefore
includes yarns appearing in the finished
fabric as finer or coarser than the designated
yarn sizes provided that the variation occurs
after processing of the greige yarn and
production of the fabric.
Thread count: 20–34 warp ends x 50–67
fill picks per centimeter (English: 50–86 warp
ends x 127–170 fill picks per inch).
Weight: 220–290 grams per sq. meter
(English: 6.48–8.55 oz per sq. yard).
Width: 142–162 cm (English: 56–64
inches).
Weave: Cut corduroy with 3–6 wales per
cm (English: 8–16 wales per inch).
Finishing: Piece dyed or of yarns of
different colors.
Kim Glas,
Chairman, Committee for the Implementation
of Textile Agreements.
[FR Doc. 2013–20765 Filed 8–26–13; 8:45 am]
BILLING CODE 3510–DS–P
COMMODITY FUTURES TRADING
COMMISSION
Fees for Reviews of the Rule
Enforcement Programs of Designated
Contract Markets and Registered
Futures Associations
Commodity Futures Trading
Commission.
ACTION: Notice of FY 2013 Schedule of
Fees.
AGENCY:
The Commission charges fees
to designated contract markets and
registered futures associations to recover
the costs incurred by the Commission in
the operation of its program of oversight
of self-regulatory organization rule
enforcement programs, specifically
National Futures Association, a
SUMMARY:
E:\FR\FM\27AUN1.SGM
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]]>Agencies
[Federal Register Volume 78, Number 166 (Tuesday, August 27, 2013)]
[Notices]
[Pages 52905-52907]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-20899]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-427-818]
Low Enriched Uranium From France: Initiation of Expedited Changed
Circumstances Review, and Preliminary Results of 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
(CCR) of the antidumping duty order on low-enriched uranium from France
with respect to Eurodif S.A. and AREVA NP Inc. (collectively, AREVA).
Moreover, the Department has determined that it is appropriate to
conduct this CCR on an expedited basis. Thus, the Department has
preliminarily determined to extend the deadline for the re-exportation
of one specified entry of LEU until November 1, 2015. The Department
has also preliminarily determined that this will be the final
extension. We invite interested parties to comment on these preliminary
results.
DATES: Effective Date: August 27, 2013.
FOR FURTHER INFORMATION CONTACT: Andrew Huston or Dana Mermelstein, 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-
4261 or (202) 482-1391, respectively.
SUPPLEMENTARY INFORMATION:
Background
On February 13, 2002, the Department published an order on low-
enriched uranium from France.\1\ The order contains a provision to
exclude from the scope low-enriched uranium owned by a:
---------------------------------------------------------------------------
\1\ See Notice of Amended Final Determination and Notice of
Antidumping Duty Order: Low Enriched Uranium From France, 67 FR 6680
(February 13, 2002).
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.\2\
---------------------------------------------------------------------------
\2\ See id.
On December 5, 2011, AREVA requested that the Department initiate
and conduct an expedited CCR to amend the scope of the order to extend
by 18 months the deadline for re-exporting an entry of low-enriched
uranium for which AREVA reported it would not be able to meet the
deadline for re-exportation.\3\ At the time of entry, the low-enriched
uranium at issue met the requirements for exclusion from the scope
outlined above. On April 2, 2012, the Department published the final
results of the CCR, extending the deadline for re-exportation of this
sole entry by 18 months, to no later than November 1, 2013.\4\
---------------------------------------------------------------------------
\3\ See Letter from AREVA, ``Low Enriched Uranium from France,''
dated December 5, 2011.
\4\ See Low Enriched Uranium from France: Final Results of
Antidumping Duty Changed Circumstances Review, 77 FR 19642 (April 2,
2012) (Final Results of Changed Circumstances Review).
---------------------------------------------------------------------------
On July 8, 2013, AREVA requested that the Department initiate a CCR
in order to further extend the period for the re-exportation this sole
entry of low-enriched uranium from November 1, 2013, until November 1,
2015. AREVA also requested that the Department conduct the review on an
expedited basis. On August 7, 2013, USEC, Inc., and its subsidiary,
United States Enrichment Corporation (collectively, USEC), filed a
letter indicating that it does not object to a further extension of the
deadline, as requested by AREVA, for the re-exportation of this one
shipment.
Scope of the Order
The product covered by the order is all low-enriched uranium. Low-
enriched uranium 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 low-enriched uranium 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 low-enriched uranium 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 low-enriched uranium 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
[[Page 52906]]
assemblies so long as the uranium dioxide and/or fuel assemblies deemed
to incorporate such imported low-enriched uranium (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 low-
enriched uranium 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) of the Act and 19 CFR 351.216 and
351.221(c)(3), the Department is initiating a CCR of the antidumping
duty order on low-enriched uranium from France with respect to AREVA.
Based on the information and documentation AREVA submitted in its July
8, 2013, letter we find that we have received information which shows
changed circumstances sufficient to warrant initiation of a review to
determine if circumstances support the extension of the time period to
re-export the specified entry of low-enriched uranium. Further, the
Department finds that it is appropriate to conduct this review on an
expedited basis, and issue the preliminary results along with this
initiation.
Preliminary Results of Expedited Changed Circumstances Review
Based on the Department's analysis of the information provided by
AREVA with its request for CCR, in accordance with 19 CFR 351.216, we
preliminarily determine to amend the scope of the order to extend by an
additional 18 months the deadline for re-exporting the LEU entry at
issue. AREVA imported the entry of LEU at issue into the United States
on November 1, 2010, for fabrication and subsequent re-exportation to
the end-user, the Japanese customer. The entry met the conditions in
the scope of the order for exclusion from the order; both the importer
and the end-user filed with U.S. Customs and Border Protection (CBP)
the certifications required for exclusion. As a result of the shutdown
of the Hamaoka nuclear power facility following the March 11, 2011
earthquake and tsunami in Japan, the Department extended the 18-month
period for the re-exportation of this entry by an additional 18 months,
until November 1, 2013, and new certifications were filed with CBP by
the importer and the end-user.\5\
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\5\ See Final Results of Changed Circumstances Review.
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AREVA's July 8, 2013, request explains its end-user is not yet in a
position to take delivery of the low-enriched uranium. AREVA provided
documents with its request indicating that the improvements and the
earthquake and tsunami countermeasures at the Hamaoka facility have not
been completed, as previously anticipated, and the Japanese end-user
was unable to take delivery of the subject merchandise within both the
original and the second, subsequent, 18-month periods (i.e., since the
shutdown of the Hamaoka nuclear power facility following the March 11,
2011 earthquake and tsunami in Japan), and the end-user remains unable
to take delivery. Specifically, AREVA provided a timeline, and
correspondence from Chubu Electric Power Co. Inc. and the Japanese
Ministry of Economy, Trade and Industry regarding improvements to the
Hamaoka Nuclear Power Station and the anticipated completion of the
earthquake and tsunami countermeasures at the Hamaoka facility.\6\
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\6\ See Letter from AREVA, ``Low Enriched Uranium from France:
Request for Changed Circumstances Review,'' dated July 8, 2013.
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We preliminarily find that the evidence provided by AREVA is
sufficient to establish that changed circumstances exist. Therefore, in
accordance with 19 CFR 351.216, we preliminarily find that it is
appropriate to extend further the deadline for re-exportation of this
sole entry of low-enriched uranium by an additional 24 months. Should
these preliminary results remain unchanged in the final results, we
will extend the deadline for re-exportation of this entry to no later
than November 1, 2015. AREVA and the end-user will be required to
provide new certifications to CBP prior to the current deadline for re-
exportation of this entry, i.e., November 1, 2013. Furthermore, because
the result of the extensions is that AREVA would have five years from
the date of the entry to re-export the entry, we preliminarily
determine that it is appropriate to make this extension final.
Accordingly, AREVA will be required to comply with the terms of the new
certifications by November 1, 2015, with no further extension. Because
the low-enriched uranium shipment was entered as a ``type 1'' entry for
consumption, outside the scope of the order, and not suspended or
subject to antidumping duties, we will require AREVA to provide an
additional certification by November 1, 2015, stating its agreement
that it will pay antidumping duties on the entry at the applicable rate
if the re-exportation deadline of November 1, 2015 is not met.
Public Comment
The Department specifically requests that parties comment on the
Department's preliminary determination that this extension will be
final, addressing if relevant an appropriate alternative for
establishing an end-date by which the re-exportation of this shipment
should be required, or any other options for the final resolution of
this matter.
Any interested party may request a hearing within 15 days of
publication of this notice. Any hearing, if requested, will be held no
later than 27 days after the date of publication of this notice, or the
first business day thereafter. Persons interested in attending the
hearing, if one is requested, should contact the Department for the
date and time of the hearing. Case briefs from interested parties may
be submitted not later than 15 days after the date of publication of
this notice. Rebuttal briefs, limited to the issues raised in the case
briefs, may be filed no later than five days after the submission of
case briefs. All written comments shall be submitted in accordance with
19 CFR 351.303. Parties are reminded that as of August 5, 2011, with
certain, limited exceptions, all submissions for all proceedings must
be filed electronically using Import Administration's Antidumping and
Countervailing Duty Centralized Electronic Service System (IA
ACCESS).\7\ An electronically filed document must be received
successfully in its entirety by the Department's electronic records
system, IA ACCESS, by 5 p.m. Eastern Time (ET) on the deadline.
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\7\ For additional information on IA ACCESS, please visit
https://iaaccess.trade.gov/help.aspx.
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The Department intends to issue the final results of this CCR no
later than October 31, 2013. This date may be extended in accordance
with 19 CFR 351.216(e). The final results will include the Department's
analysis of issues raised in any written comments.
We are issuing and publishing these preliminary results and notice
in
[[Page 52907]]
accordance with sections 751(b)(1) and 777(i)(1) and (2) of the Act and
19 CFR 351.216.
Dated: August 26, 2013.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
[FR Doc. 2013-20899 Filed 8-26-13; 8:45 am]
BILLING CODE 3510-DS-P
