80 FR 12434 - Low-Enriched Uranium From France; Preliminary Results of Antidumping Duty Administrative Review; 2013-2014
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 80, Issue 45 (March 9, 2015)
International Trade Administration
Federal Register Volume 80, Issue 45 (March 9, 2015)
| Page Range | 12434-12436 | |
| FR Document | 2015-05470 |
[Federal Register Volume 80, Number 45 (Monday, March 9, 2015)] [Notices] [Pages 12434-12436] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-05470] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-427-818] Low-Enriched Uranium From France; Preliminary Results of Antidumping Duty Administrative Review; 2013-2014 AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) is conducting an administrative review of the antidumping duty order on low-enriched uranium (LEU) from France.\1\ The period of review (POR) is February 1, 2013, through January 31, 2014. The review covers one producer/exporter of the subject merchandise, Eurodif S.A., AREVA NC, and AREVA NC, Inc. (collectively AREVA). The Department preliminarily determines that AREVA sold subject merchandise at less than [[Page 12435]] normal value in the United States during the POR. We invite interested parties to comment on these preliminary results. --------------------------------------------------------------------------- \1\ See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Request for Revocation in Part, 79 FR 18262 (April 1, 2014). --------------------------------------------------------------------------- DATES: Effective Date: March 9, 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: Scope of the Order The product covered by the order is all low-enriched uranium from France. 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).\2\ --------------------------------------------------------------------------- \2\ For a full description of the scope of the order, see ``Decision Memorandum for the Preliminary Results of Antidumping Duty Administrative Review: Low-Enriched Uranium from France: 2013- 2014'' from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations to Paul Piquado, Assistant Secretary for Enforcement and Compliance (Preliminary Decision Memorandum), dated concurrently with these results and herby adopted by this notice. --------------------------------------------------------------------------- Methodology The Department is conducting this review in accordance with section 751(a) of the Tariff Act of 1930, as amended (the Act). For a full description of the methodology underlying our conclusions, see the Preliminary Decision Memorandum. The Preliminary Decision Memorandum is on file electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at http://access.trade.gov, and it is available to all parties in the Central Records Unit in room 7046 of the main Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed Preliminary Decision Memorandum and electronic versions of the Preliminary Decision Memorandum are identical in content. Preliminary Determination AREVA timely filed a ``no shipment'' certification stating that they had no entries of subject merchandise during the POR. Global Nuclear Fuels-America (GNF-A) \3\, an interested party, submitted a separate response to the Department's initial questionnaire. Data that the Department obtained from CBP showed entries of LEU from AREVA during the POR. The Department issued two supplemental questionnaires to AREVA, and one supplemental questionnaire to GNF-A, and received a timely responses. The Department also requested and received entry documents from CBP. --------------------------------------------------------------------------- \3\ GNF-A is an importer of subject merchandise and fabricator of nuclear fuel for use in power plants outside the United States. For information regarding GNF-A see Preliminary Decision Memorandum at 2 and 3. --------------------------------------------------------------------------- Based on the questionnaire responses filed by AREVA and GNF-A, and information received from CBP, we preliminarily determine that, while the majority of the entries of LEU from France, identified in the import data from CBP, were either excluded from the order under the re- export provision of the scope or not subject to the order, AREVA did have shipments of merchandise subject to the antidumping order on LEU from France during the POR. The shipments in question were identified by AREVA as ``sample sales,'' however the Department finds these to be bona fide sales, and therefore subject to antidumping order on LEU from France.\4\ --------------------------------------------------------------------------- \4\ See Preliminary Decision Memorandum at 3. --------------------------------------------------------------------------- Facts Available For the preliminary results, we have relied, in part, on facts available. AREVA did not provide full responses to the Departments initial questionnaire and did not provide sales and cost data requested in a supplemental.\5\ Because we lack necessary AREVA sales and cost data, we determine that it is appropriate to apply ``facts available'' pursuant to section 776(a)(2)(B) of the Act. We further determine that an adverse inference is warranted in accordance with section 776(b) of the Act because, pursuant to section 782(e) of the Act, AREVA did not act to the best of its ability to comply with our requests for information and we do not have sufficient sales and cost information on the record to calculate a weighted-average dumping margin for AREVA. Because AREVA did not act to the best of its ability to respond to the Department's request for information, we have drawn an adverse inference in selecting from among the facts available, pursuant to 776(a) and (b) of the Act. For a full description of the methodology underlying our conclusions, see Preliminary Decision Memorandum. --------------------------------------------------------------------------- \5\ See id. --------------------------------------------------------------------------- Preliminary Results of Review As a result of this review, we preliminarily determine that the following weighted-average dumping margins on LEU from France exist for the period February 1, 2013, through January 31, 2014 at the following rates: ------------------------------------------------------------------------ Weighted- average Producer or exporter dumping margin (percent) ------------------------------------------------------------------------ AREVA....................................................... 30.22 ------------------------------------------------------------------------ Assessment Rates Upon issuance of the final results, the Department shall determine and U.S. Customs and Border Protection (CBP) shall assess antidumping duties on all appropriate entries covered by this review. If we continue to rely on adverse facts available to establish AREVA's weighted-average dumping margin, then we will instruct CBP to assess antidumping duties for entries of subject merchandise during the POR which were produced and/or exported by AREVA at a rate equal to the weighted-average dumping margin found in the 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.\6\ --------------------------------------------------------------------------- \6\ 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 be equal to the weighted-average dumping margin established in the final results of this administrative review, except for entries which AREVA [[Page 12436]] 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; (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 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.\7\ These cash deposit requirements, when imposed, shall remain in effect until further notice. --------------------------------------------------------------------------- \7\ 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). --------------------------------------------------------------------------- Comments Interested parties are invited to comment on these preliminary results and submit written arguments or case briefs within 30 days after the date of publication of this notice, unless otherwise notified by the Department.\8\ Parties are reminded that written comments or case briefs are not the place for submitting new factual material. Rebuttal briefs, limited to issues raised in the case briefs, will be due five days later.\9\ Parties that submit case or rebuttal briefs are requested to submit with each argument: (1) A statement of the issue; and (2) a brief summary of the argument. Parties are requested to provide a summary of the arguments not to exceed five pages and a table of statutes, regulations, and cases cited. --------------------------------------------------------------------------- \8\ See 19 CFR 351.309(c)(ii). \9\ See 19 CFR 351.309(d). --------------------------------------------------------------------------- Any interested party who wishes to request a hearing, or to participate if one is requested, must submit a written request to the Assistant Secretary for Enforcement and Compliance within 30 days after the day of publication of this notice. A request should contain: (1) The party's name, address, and telephone number; (2) the number of participants; and (3) a list of issues to be discussed.\10\ Issues raised in the hearing will be limited to those raised in case briefs. The Department will issue the final results of administrative review, including the results of our analysis of issues raised in any briefs, within 90 days after the date on which the preliminary results were issued, unless the deadline for the final results is extended.\11\ --------------------------------------------------------------------------- \10\ See 19 CFR 351.310(c). \11\ See 19 CFR 351.213(h). --------------------------------------------------------------------------- Submissions should be filed electronically via the Department's electronic records ACCESS. An electronically filed document must be received successfully in its entirety by ACCESS by 5:00 p.m. Eastern Time on the deadline date for submission. Notification to Importers This notice serves as a preliminary 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 preliminary results of administrative review are issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: March 2, 2015. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in Preliminary Decision Memorandum 1. Scope of the Order 2. Preliminary Determination 3. Facts Otherwise Available 4. Adverse Facts Available [FR Doc. 2015-05470 Filed 3-6-15; 8:45 am] BILLING CODE 3510-DS-P
![12434 Federal Register / Vol. 80, No. 45 / Monday, March 9, 2015 / Notices
When To Report: Reports are due to with the rule BEA issued in 2012 (77 FR reporting procedures and definitions,
BEA 90 days after the end of each 24373) establishing guidelines for may be obtained at the BEA Web site
calendar year. collecting data on international trade in given above. Form BE–30 inquiries can
services and direct investment through be made by phone to BEA at (202) 606–
Paperwork Reduction Act Notice
notices, rather than through rulemaking. 5588 or by sending an email to
This data collection has been Additional information about BEA’s be37help@bea.gov.
approved by the Office of Management collection of data on international trade When To Report: Reports are due to
and Budget (OMB) in accordance with in services and direct investment can be BEA 45 days after the end of each
the Paperwork Reduction Act and found in the 2012 rule, the International calendar quarter.
assigned control number 0608–0012. An Investment and Trade in Services Paperwork Reduction Act Notice
agency may not conduct or sponsor, and Survey Act (22 U.S.C. 3101 et seq.), and
a person is not required to respond to, 15 CFR part 801. Survey data on This data collection has been
a collection of information unless it international trade in services and direct approved by the Office of Management
displays a valid control number investment that are not collected and Budget (OMB) in accordance with
assigned by OMB. Public reporting pursuant to the 2012 rule are described the Paperwork Reduction Act and
burden for this collection of information separately in 15 CFR part 801. The BE– assigned control number 0608–0011. An
is estimated to average 3 hours per 37 survey forms and instructions are agency may not conduct or sponsor, and
response. Send comments regarding this available on the BEA Web site at a person is not required to respond to,
burden estimate to Director, Bureau of www.bea.gov/ssb. a collection of information unless it
Economic Analysis (BE–1), U.S. displays a valid control number
Department of Commerce, Washington, Definitions assigned by OMB. Public reporting
DC 20230; and to the Office of (a) Person means any individual, burden for this collection of information
Management and Budget, Paperwork branch, partnership, associated group, is estimated to average 4 hours per
Reduction Project 0608–0012, association, estate, trust, corporation, or response. Send comments regarding this
Washington, DC 20503. other organization (whether or not burden estimate to Director, Bureau of
organized under the laws of any State), Economic Analysis (BE–1), U.S.
Authority: 22 U.S.C. 3101–3108. Department of Commerce, Washington,
and any government (including a
Dated: February 2, 2015. foreign government, the United States DC 20230; and to the Office of
Brian C. Moyer, Government, a State or local Management and Budget, Paperwork
Director, Bureau of Economic Analysis. government, and any agency, Reduction Project 0608–0011,
[FR Doc. 2015–05343 Filed 3–6–15; 8:45 am] corporation, financial institution, or Washington, DC 20503.
BILLING CODE 3510–06–P other entity or instrumentality thereof, Authority: 22 U.S.C. 3101–3108.
including a government-sponsored Brian C. Moyer,
agency).
Director, Bureau of Economic Analysis.
DEPARTMENT OF COMMERCE (b) United States person means any
person resident in the United States or [FR Doc. 2015–05344 Filed 3–6–15; 8:45 am]
Bureau of Economic Analysis subject to the jurisdiction of the United BILLING CODE 3510–06–P
[Docket No. 150128087–5087–01] States.
(c) United States, when used in a
RIN 0691–XC035 geographic sense, means the 50 States, DEPARTMENT OF COMMERCE
the District of Columbia, the International Trade Administration
BE–37: Quarterly Survey of U.S. Airline Commonwealth of Puerto Rico, and all
Operators’ Foreign Revenues and territories and possessions of the United [A–427–818]
Expenses States.
(d) Foreign person means any person Low-Enriched Uranium From France;
AGENCY: Bureau of Economic Analysis, Preliminary Results of Antidumping
resident outside the United States or
Commerce. Duty Administrative Review; 2013–
subject to the jurisdiction of a country
ACTION: Notice of reporting other than the United States. 2014
requirements.
Reporting AGENCY: Enforcement and Compliance,
SUMMARY: By this Notice, the Bureau of International Trade Administration,
Who Must Report: (a) Reports are Department of Commerce.
Economic Analysis (BEA), Department required from each U.S person whose
of Commerce, is informing the public SUMMARY: The Department of Commerce
total covered revenues or total covered
that it is conducting a mandatory survey (the Department) is conducting an
expenses were $500,000 or more during
titled Quarterly Survey of U.S. Airline administrative review of the
the previous year, or are expected to be antidumping duty order on low-
Operators’ Foreign Revenues and $500,000 or more during the current
Expenses (BE–37). This survey is enriched uranium (LEU) from France.1
year. The period of review (POR) is February
authorized by the International (b) Entities required to report will be
Investment and Trade in Services 1, 2013, through January 31, 2014. The
contacted individually by BEA. Entities
Survey Act. review covers one producer/exporter of
not contacted by BEA have no reporting
SUPPLEMENTARY INFORMATION: This the subject merchandise, Eurodif S.A.,
responsibilities.
AREVA NC, and AREVA NC, Inc.
mstockstill on DSK4VPTVN1PROD with NOTICES
Notice constitutes legal notification to What To Report: The survey collects
all United States persons (defined information on U.S. airline operators’ (collectively AREVA). The Department
below) who meet the reporting foreign revenues and expenses. preliminarily determines that AREVA
requirements set forth in this Notice that How To Report: Reports can be filed sold subject merchandise at less than
they must respond to, and comply with, using BEA’s electronic reporting system 1 See Initiation of Antidumping and
the survey. Reports are due 45 days after at www.bea.gov/efile. Copies of the Countervailing Duty Administrative Reviews and
the end of each calendar quarter. This survey forms and instructions, which Request for Revocation in Part, 79 FR 18262 (April
notice is being issued in conformance contain complete information on 1, 2014).
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![12436 Federal Register / Vol. 80, No. 45 / Monday, March 9, 2015 / Notices
claims to be excluded from the order preliminary results were issued, unless The notification was processed in
under the re-export provision of the the deadline for the final results is accordance with the regulations of the
scope, which will require a cash deposit extended.11 FTZ Board (15 CFR part 400), including
rate of zero percent; (2) for previously Submissions should be filed notice in the Federal Register inviting
reviewed or investigated companies not electronically via the Department’s public comment (79 FR 69832,
listed above, the cash deposit rate will electronic records ACCESS. An November 24, 2014). The FTZ Board has
continue to be the company-specific rate electronically filed document must be determined that no further review of the
published for the most recent period; (3) received successfully in its entirety by activity is warranted at this time. The
if the exporter is not a firm covered in ACCESS by 5:00 p.m. Eastern Time on production activity described in the
this review, a prior review, or the less- the deadline date for submission. notification is authorized, subject to the
than-fair-value investigation, but the Notification to Importers FTZ Act and the Board’s regulations,
manufacturer is, the cash deposit rate including Section 400.14.
will be the rate established for the most This notice serves as a preliminary
reminder to the importers of their Dated: March 3, 2015.
recent period for the manufacturer of
responsibility under 19 CFR Andrew McGilvray,
the merchandise; and (4) the cash
deposit rate for all other manufacturers 351.402(f)(2) to file a certificate Executive Secretary.
or exporters will continue to be 19.95 regarding the reimbursement of [FR Doc. 2015–05489 Filed 3–6–15; 8:45 am]
percent, the all-others rate established antidumping duties prior to liquidation BILLING CODE 3510–DS–P
in the investigation.7 These cash deposit of the relevant entries during this
requirements, when imposed, shall review period. Failure to comply with
remain in effect until further notice. this requirement could result in the DEPARTMENT OF COMMERCE
Secretary’s presumption that
Comments reimbursement of antidumping duties International Trade Administration
Interested parties are invited to occurred and the subsequent assessment
comment on these preliminary results of double antidumping duties. [A–201–842]
and submit written arguments or case Notification to Interested Parties
briefs within 30 days after the date of Large Residential Washers From
publication of this notice, unless These preliminary results of Mexico: Preliminary Results of the
otherwise notified by the Department.8 administrative review are issued and Antidumping Duty Administrative
Parties are reminded that written published in accordance with sections Review and Preliminary Determination
comments or case briefs are not the 751(a)(1) and 777(i)(1) of the Act. of No Shipments; 2012–2014
place for submitting new factual Dated: March 2, 2015.
material. Rebuttal briefs, limited to Paul Piquado,
AGENCY: Enforcement and Compliance,
issues raised in the case briefs, will be International Trade Administration,
Assistant Secretary for Enforcement and
due five days later.9 Parties that submit Compliance. Department of Commerce.
case or rebuttal briefs are requested to SUMMARY: The Department of Commerce
Appendix
submit with each argument: (1) A (the Department) is conducting an
statement of the issue; and (2) a brief List of Topics Discussed in Preliminary administrative review of the
summary of the argument. Parties are Decision Memorandum antidumping duty order on large
requested to provide a summary of the 1. Scope of the Order residential washers from Mexico. The
arguments not to exceed five pages and 2. Preliminary Determination period of review (POR) is August 3,
a table of statutes, regulations, and cases 3. Facts Otherwise Available 2012, through January 31, 2014. This
4. Adverse Facts Available
cited. review covers two companies,
Any interested party who wishes to [FR Doc. 2015–05470 Filed 3–6–15; 8:45 am] Electrolux Home Products Corp. N.V.
request a hearing, or to participate if one BILLING CODE 3510–DS–P and Electrolux Home Products de
is requested, must submit a written Mexico, S.A. de C.V. (collectively,
request to the Assistant Secretary for Electrolux) and Samsung Electronics
Enforcement and Compliance within 30 DEPARTMENT OF COMMERCE Mexico S.A. de C.V. (Samsung). We
days after the day of publication of this preliminarily determine that Electrolux
Foreign-Trade Zones Board
notice. A request should contain: (1) made sales of subject merchandise at
The party’s name, address, and [B–83–2014] less than normal value. In addition, we
telephone number; (2) the number of preliminarily find that no shipments of
participants; and (3) a list of issues to be Foreign-Trade Zone (FTZ) 7— subject merchandise were made by
discussed.10 Issues raised in the hearing Mayaguez, Puerto Rico; Authorization Samsung during the POR. Interested
will be limited to those raised in case of Production Activity; IPR parties are invited to comment on these
briefs. The Department will issue the Pharmaceuticals, Inc.; (Pharmaceutical preliminary results.
final results of administrative review, Products); Canóvanas, Puerto Rico
including the results of our analysis of DATES: Effective Date: March 9, 2015.
On November 3, 2014, the Puerto Rico
issues raised in any briefs, within 90 Industrial Development Company, FOR FURTHER INFORMATION CONTACT:
days after the date on which the grantee of FTZ 7, submitted a Brian Smith or Brandon Custard, AD/
notification of proposed production CVD Operations, Office II, Enforcement
mstockstill on DSK4VPTVN1PROD with NOTICES
7 See Notice of Amended Final Determination of
activity to the Foreign-Trade Zones and Compliance, International Trade
Sales at Less Than Fair Value and Antidumping Administration, U.S. Department of
Duty Order: Low Enriched Uranium From France,
(FTZ) Board on behalf of IPR
67 FR 6680 (February 13, 2002). Pharmaceuticals, Inc., located within Commerce, 14th Street and Constitution
8 See 19 CFR 351.309(c)(ii). FTZ 7, in Canóvanas, Puerto Rico. Avenue NW., Washington, DC 20230;
9 See 19 CFR 351.309(d). telephone: (202) 482–1766 or (202) 482–
10 See 19 CFR 351.310(c). 11 See 19 CFR 351.213(h). 1823.
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Document Created: 2015-12-18 12:06:14
Document Modified: 2015-12-18 12:06:14
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| 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. | |
| FR Citation | 80 FR 12434 |
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