Low Enriched Uranium From France: Initiation of Expedited Changed Circumstances Review, and Preliminary Results of Changed Circumstances Review, 52905-52907 [2013-20899]

Download as PDF 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 the portion of the meeting dealing with pre-decisional changes to the Commerce Control List and U.S. export control policies shall 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 remaining portions of the 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. PO 00000 Frm 00010 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 VerDate Mar<15>2010 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 Frm 00011 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 http://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 Frm 00012 Fmt 4703 Sfmt 4703 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 27AUN1

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]


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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\
---------------------------------------------------------------------------

    \5\ See Final Results of Changed Circumstances Review.
---------------------------------------------------------------------------

    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\
---------------------------------------------------------------------------

    \6\ See Letter from AREVA, ``Low Enriched Uranium from France: 
Request for Changed Circumstances Review,'' dated July 8, 2013.
---------------------------------------------------------------------------

    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