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)

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 normal value in the United States during the POR. We invite interested parties to comment on these preliminary results. ---------------------------------------------------------------------------

[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]


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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.
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews and Request for Revocation in Part, 79 FR 
18262 (April 1, 2014).

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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\
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    \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.
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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.
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    \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.
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    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\
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    \4\ See Preliminary Decision Memorandum at 3.
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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.
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    \5\ See id.
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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)
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AREVA.......................................................       30.22
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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\
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    \6\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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    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.
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    \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).
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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.
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    \8\ See 19 CFR 351.309(c)(ii).
    \9\ See 19 CFR 351.309(d).
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    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\
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    \10\ See 19 CFR 351.310(c).
    \11\ See 19 CFR 351.213(h).
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    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