Low-Enriched Uranium From France: Final Results of Antidumping Duty Administrative Review; 2013-2014, 55089-55090 [2015-23050]

Download as PDF Federal Register / Vol. 80, No. 177 / Monday, September 14, 2015 / Notices developing the report to Congress. All comments received in response to this notice will be displayed on BIS’s Freedom of Information Act (FOIA) Web site at http://efoia.bis.doc.gov/ and on the Federal e-Rulemaking portal at www.Regulations.gov. All comments will also be included in a report to Congress, as required by section 6 of the EAA, which directs that BIS report to Congress the results of its consultations with industry on the effects of foreign policy-based controls. Dated: September 8, 2015. Kevin J. Wolf, Assistant Secretary for Export Administration. [FR Doc. 2015–22982 Filed 9–11–15; 8:45 am] BILLING CODE 3510–33–P DEPARTMENT OF COMMERCE Period of Review The period of review (POR) is February 1, 2013, through January 31, 2014. International Trade Administration [A–427–818] Low-Enriched Uranium From France: Final Results of Antidumping Duty Administrative Review; 2013–2014 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On March 9, 2015, the Department of Commerce (the Department) published the preliminary results of the administrative review of the antidumping duty order on lowenriched uranium (LEU) from France.1 The review covers one producer or exporter of the subject merchandise, Eurodif S.A., AREVA NC, and AREVA NC, Inc. (collectively AREVA). The Department determines that AREVA made no shipments of subject merchandise during the POR. The Department also determines that we will issue revised certifications required from the importer and end-user. DATES: Effective Date: September 14, 2015. FOR FURTHER INFORMATION CONTACT: Andrew Huston, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–4261. SUPPLEMENTARY INFORMATION: tkelley on DSK3SPTVN1PROD with NOTICES AGENCY: Background For a complete description of the events that followed the Preliminary 1 See Low Enriched Uranium from France; Preliminary Results of Antidumping Duty Administrative Review; 2013–2014, 80 FR 12434 (March 9, 2015) (Preliminary Results). VerDate Sep<11>2014 18:15 Sep 11, 2015 Jkt 235001 Results, see the Issues and Decision Memorandum.2 The Issues and Decision Memorandum is a public document and is available electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Services System (ACCESS). ACCESS is available to registered users at http:// acess.trade.gov, and it is available to all parties in the Central Records Unit of the main Commerce Building, room B8024. In addition, a complete version of the Issues and Decision Memorandum is also accessible on the internet at http://enforcement.trade.gov/ frn/index.html. The signed Issues and Decision Memorandum and the electronic versions of the Issues and Decision Memorandum are identical in content. 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).3 Analysis of Comments Received All issues raised by the parties in the case and rebuttal briefs are addressed in the Issues and Decision Memorandum. A list of the issues addressed in the Issues and Decision Memorandum is appended to this notice. Changes Since the Preliminary Results In the Preliminary Results the Department determined that AREVA did have shipments of merchandise subject to the antidumping order on LEU from France during the POR. Upon review of the comments received from parties, the Department finds that AREVA had no 2 See ‘‘Decision Memorandum for the Final Results of Antidumping Duty Administrative Review: Low-Enriched Uranium From France: 2013–2014’’ from Gary Taverman, Associate Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations to Paul Piquado, Assistant Secretary for Enforcement and Compliance (Issues and Decision Memorandum), dated concurrently with these results and herby adopted by this notice. 3 For a full description of the scope of the order, see the Issues and Decision Memorandum. PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 55089 shipments subject to the antidumping duty order. We have also determined to allow revised the re-export certifications required under the scope of the order to allow replenishment of LEU that has been re-exported and to address the issue of samples in future entries.4 Determination of No Shipments We determine that AREVA had no shipments of merchandise subject to the antidumping duty order on LEU from France during the POR. Determination of Revised Certifications The Department will issue customs instructions with revised certifications to U.S. Customs and Border Protection (CBP). These instructions will be posted on CBP’s Antidumping and Countervailing Duty Online Search System, available at http:// adcvd.cbp.dhs.gov/adcvdweb/, and the Department will release the customs instructions with revised certifications via ACCESS. The revised certifications are effective when posted on the CBP’s Antidumping and Countervailing Duty Online Search System. Assessment Rates Since the Department found that AREVA had no shipments subject to the order during the POR, we did not calculate importer-specific assessment rates for these final results. The Department clarified its ‘‘automatic assessment’’ regulation on May 6, 2003. This clarification will apply to entries of subject merchandise during the POR produced by companies included in the final results of review for which these companies did not know that the merchandise was destined for the United States. In such instances, we will instruct CBP to liquidate un-reviewed entries at the allothers rate if there is no rate for the intermediate company(ies) involved in the transaction.5 We intend to issue instructions to CBP 15 days after publication of the final results of this review. Cash Deposit Requirements The following deposit requirements will be effective for all shipments of LEU from France entered, or withdrawn from warehouse, for consumption on or after the date of publication of the final results of this administrative review, as provided for by section 751(a)(2)(C) of the Act: (1) The cash deposit rate for AREVA will remain unchanged from the 4 See Issue 2: Re-export Certifications section of the Issues and Decision Memorandum. 5 See Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). E:\FR\FM\14SEN1.SGM 14SEN1 55090 Federal Register / Vol. 80, No. 177 / Monday, September 14, 2015 / Notices rate assigned to the company in the most recently completed review of that company, except for entries for which the importer claims to be excluded from the order under the re-export provision of the scope, which will require a cash deposit rate of zero percent; (2) for previously reviewed or investigated companies not listed above, the cash deposit rate will continue to be the company-specific rate published for the most recent period with a completed segment of this proceeding; (3) if the exporter is not a firm covered in this review, a prior 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 with a completed segment of this proceeding for the manufacturer of the merchandise; and (4) the cash deposit rate for all other manufacturers or exporters will continue to be 19.95 percent, the all-others rate established in the investigation.6 Entries accompanied by certifications from the exporter, the importer, and the end user, indicating that the LEU will be reexported within 18 months will be subject to a cash deposit requirement of zero percent ad valorem. These cash deposit requirements, when imposed, shall remain in effect until further notice. Notification Regarding Administrative Protective Orders This notice is the only reminder to parties subject to the administrative protective order (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under the APO in accordance with 19 CFR 351.305(a)(3), which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return or 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. tkelley on DSK3SPTVN1PROD with NOTICES Notification to Importers This notice serves as a final reminder to the importers of their responsibility under 19 CFR 351.402(f)(2) 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 Secretary’s presumption 6 See Notice of Amended Final Determination of Sales at Less Than Fair Value and Antidumping Duty Order: Low Enriched Uranium From France, 67 FR 6680 (February 13, 2002). VerDate Sep<11>2014 18:15 Sep 11, 2015 Jkt 235001 that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. Notification to Interested Parties These final results of administrative review are issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: September 4, 2015. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix Issues in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Discussion of the Issues Comment 1: Treatment of Samples Comment 2: Re-export Certifications V. Determination of No Shipments VI. Revised Entry Certifications VII. Recommendation [FR Doc. 2015–23050 Filed 9–11–15; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–979] Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People’s Republic of China: Rescission of Antidumping Duty New Shipper Review; 2013–2014 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (‘‘Department’’) published its Preliminary Rescission for the new shipper review (‘‘NSR’’) of the antidumping duty order on crystalline silicon photovoltaic cells, whether or not assembled into modules, from the People’s Republic of China (‘‘PRC’’) on April 21, 2015.1 The period of review (‘‘POR’’) is December 1, 2013, through May 31, 2014. As discussed below, we AGENCY: 1 See Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People’s Republic of China: Preliminary Rescission of 2013–2014 Antidumping Duty New Shipper Review, 80 FR 22164 (April 21, 2015) (‘‘Preliminary Rescission’’); see also Memorandum to Howard Smith, Acting Director, Office 4, AD/CVD Operations, from Jeffrey Pedersen, International Trade Analyst, titled ‘‘2013–2014 Antidumping Duty New Shipper Review of Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People’s Republic of China: Preliminary Bona Fide Sales Analysis for Hengdian Group DMEGC Magnetics Co., Ltd.,’’ dated April 7, 2015. PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 preliminarily found that the sale made by Hengdian Group DMEGC Magnetics Co., Ltd. (‘‘DMEGC’’) was non-bona fide, and announced our preliminary intent to rescind its NSR. For the final results of this review, we continue to find DMEGC’s sale to be non-bona fide. Therefore, we are rescinding this NSR. DATES: Effective Date: September 14, 2015. FOR FURTHER INFORMATION CONTACT: Jeffrey Pedersen, AD/CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–2769. SUPPLEMENTARY INFORMATION: Background For a complete description of the events that following the publication of the Preliminary Results, see the Issues and Decision Memorandum.2 The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s AD and Countervailing Duty (CVD) Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at http:// access.trade.gov and in the Central Records Unit, Room B8024 of the main Department of Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at http:// enforcement.trade.gov/frn/index.html. The signed Issues and Decision Memorandum and the electronic version of the Issues and Decision Memorandum are identical in content. Scope of the Order The merchandise covered by the order is crystalline silicon photovoltaic cells, and modules, laminates, and panels, consisting of crystalline silicon photovoltaic cells, whether or not partially or fully assembled into other products, including, but not limited to, modules, laminates, panels and building integrated materials.3 Merchandise covered by the order is classifiable under subheadings 8501.61.0000, 8507.20.80, 8541.40.6020, 8541.40.6030, 2 See Memorandum from Edward Yang, Senior Director, Office VII, Antidumping and Countervailing Operations, to Paul Piquado, Assistant Secretary for Enforcement and Compliance, entitled ‘‘Issues and Decision Memorandum for the Final Results of the Antidumping Duty New Shipper Review: Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People’s Republic of China’’ issued concurrently with and hereby adopted by this notice (‘‘Issues and Decision Memorandum’’). 3 For a complete description of the scope of the order, see the Issues and Decision Memorandum. E:\FR\FM\14SEN1.SGM 14SEN1

Agencies

[Federal Register Volume 80, Number 177 (Monday, September 14, 2015)]
[Notices]
[Pages 55089-55090]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-23050]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-427-818]


Low-Enriched Uranium From France: Final Results of Antidumping 
Duty Administrative Review; 2013-2014

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: On March 9, 2015, the Department of Commerce (the Department) 
published the preliminary results of the administrative review of the 
antidumping duty order on low-enriched uranium (LEU) from France.\1\ 
The review covers one producer or exporter of the subject merchandise, 
Eurodif S.A., AREVA NC, and AREVA NC, Inc. (collectively AREVA). The 
Department determines that AREVA made no shipments of subject 
merchandise during the POR. The Department also determines that we will 
issue revised certifications required from the importer and end-user.
---------------------------------------------------------------------------

    \1\ See Low Enriched Uranium from France; Preliminary Results of 
Antidumping Duty Administrative Review; 2013-2014, 80 FR 12434 
(March 9, 2015) (Preliminary Results).

---------------------------------------------------------------------------
DATES: Effective Date: September 14, 2015.

FOR FURTHER INFORMATION CONTACT: Andrew Huston, AD/CVD Operations, 
Office VII, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
4261.

SUPPLEMENTARY INFORMATION:

Background

    For a complete description of the events that followed the 
Preliminary Results, see the Issues and Decision Memorandum.\2\ The 
Issues and Decision Memorandum is a public document and is available 
electronically via Enforcement and Compliance's Antidumping and 
Countervailing Duty Centralized Electronic Services System (ACCESS). 
ACCESS is available to registered users at http://acess.trade.gov, and 
it is available to all parties in the Central Records Unit of the main 
Commerce Building, room B8024. In addition, a complete version of the 
Issues and Decision Memorandum is also accessible on the internet at 
http://enforcement.trade.gov/frn/index.html. The signed Issues and 
Decision Memorandum and the electronic versions of the Issues and 
Decision Memorandum are identical in content.
---------------------------------------------------------------------------

    \2\ See ``Decision Memorandum for the Final Results of 
Antidumping Duty Administrative Review: Low-Enriched Uranium From 
France: 2013-2014'' from Gary Taverman, Associate Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations to Paul 
Piquado, Assistant Secretary for Enforcement and Compliance (Issues 
and Decision Memorandum), dated concurrently with these results and 
herby adopted by this notice.
---------------------------------------------------------------------------

Period of Review

    The period of review (POR) is February 1, 2013, through January 31, 
2014.

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).\3\
---------------------------------------------------------------------------

    \3\ For a full description of the scope of the order, see the 
Issues and Decision Memorandum.
---------------------------------------------------------------------------

Analysis of Comments Received

    All issues raised by the parties in the case and rebuttal briefs 
are addressed in the Issues and Decision Memorandum. A list of the 
issues addressed in the Issues and Decision Memorandum is appended to 
this notice.

Changes Since the Preliminary Results

    In the Preliminary Results the Department determined that AREVA did 
have shipments of merchandise subject to the antidumping order on LEU 
from France during the POR. Upon review of the comments received from 
parties, the Department finds that AREVA had no shipments subject to 
the antidumping duty order. We have also determined to allow revised 
the re-export certifications required under the scope of the order to 
allow replenishment of LEU that has been re-exported and to address the 
issue of samples in future entries.\4\
---------------------------------------------------------------------------

    \4\ See Issue 2: Re-export Certifications section of the Issues 
and Decision Memorandum.
---------------------------------------------------------------------------

Determination of No Shipments

    We determine that AREVA had no shipments of merchandise subject to 
the antidumping duty order on LEU from France during the POR.

Determination of Revised Certifications

    The Department will issue customs instructions with revised 
certifications to U.S. Customs and Border Protection (CBP). These 
instructions will be posted on CBP's Antidumping and Countervailing 
Duty Online Search System, available at http://adcvd.cbp.dhs.gov/adcvdweb/, and the Department will release the customs instructions 
with revised certifications via ACCESS. The revised certifications are 
effective when posted on the CBP's Antidumping and Countervailing Duty 
Online Search System.

Assessment Rates

    Since the Department found that AREVA had no shipments subject to 
the order during the POR, we did not calculate importer-specific 
assessment rates for these final results.
    The Department clarified its ``automatic assessment'' regulation on 
May 6, 2003. This clarification will apply to entries of subject 
merchandise during the POR produced by companies included in the final 
results of review for which these companies did not know that the 
merchandise was destined for the United States. In such instances, we 
will instruct CBP to liquidate un-reviewed entries at the all-others 
rate if there is no rate for the intermediate company(ies) involved in 
the transaction.\5\
---------------------------------------------------------------------------

    \5\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------

    We intend to issue instructions to CBP 15 days after publication of 
the final results of this review.

Cash Deposit Requirements

    The following deposit requirements will be effective for all 
shipments of LEU from France entered, or withdrawn from warehouse, for 
consumption on or after the date of publication of the final results of 
this administrative review, as provided for by section 751(a)(2)(C) of 
the Act: (1) The cash deposit rate for AREVA will remain unchanged from 
the

[[Page 55090]]

rate assigned to the company in the most recently completed review of 
that company, except for entries for which the importer claims to be 
excluded from the order under the re-export provision of the scope, 
which will require a cash deposit rate of zero percent; (2) for 
previously reviewed or investigated companies not listed above, the 
cash deposit rate will continue to be the company-specific rate 
published for the most recent period with a completed segment of this 
proceeding; (3) if the exporter is not a firm covered in this review, a 
prior review, or the less-than-fair-value investigation, but the 
manufacturer is, the cash deposit rate will be the rate established for 
the most recent period with a completed segment of this proceeding for 
the manufacturer of the merchandise; and (4) the cash deposit rate for 
all other manufacturers or exporters will continue to be 19.95 percent, 
the all-others rate established in the investigation.\6\ Entries 
accompanied by certifications from the exporter, the importer, and the 
end user, indicating that the LEU will be re-exported within 18 months 
will be subject to a cash deposit requirement of zero percent ad 
valorem. These cash deposit requirements, when imposed, shall remain in 
effect until further notice.
---------------------------------------------------------------------------

    \6\ See Notice of Amended Final Determination of Sales at Less 
Than Fair Value and Antidumping Duty Order: Low Enriched Uranium 
From France, 67 FR 6680 (February 13, 2002).
---------------------------------------------------------------------------

Notification Regarding Administrative Protective Orders

    This notice is the only reminder to parties subject to the 
administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under the APO in accordance with 19 CFR 351.305(a)(3), which 
continues to govern business proprietary information in this segment of 
the proceeding. Timely written notification of the return or 
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.

Notification to Importers

    This notice serves as a final reminder to the importers of their 
responsibility under 19 CFR 351.402(f)(2) 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 Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.

Notification to Interested Parties

    These final results of administrative review are issued and 
published in accordance with sections 751(a)(1) and 777(i)(1) of the 
Act.

    Dated: September 4, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix

Issues in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Issues
    Comment 1: Treatment of Samples
    Comment 2: Re-export Certifications
V. Determination of No Shipments
VI. Revised Entry Certifications
VII. Recommendation

[FR Doc. 2015-23050 Filed 9-11-15; 8:45 am]
BILLING CODE 3510-DS-P