MESSAGE NO: 2022201 DATE: 01 22 2002
CATEGORY: ADA TYPE: TER
REFERENCE: REFERENCE DATE:
CASES: A - 412 - 820 A - 428 - 828
A - 421 - 808 - -
- - - -

PERIOD COVERED: 12 21 2001 TO

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS

FROM: DIRECTOR, TRADE ENFORCEMENT & CONTROL

RE: FINAL DETERMINATIONS IN THE ANTIDUMPING INVESTIGATIONS
OF LOW ENRICHED URANIUM FROM THE UK, GERMANY, AND THE
NETHERLANDS (A-412-820,A-428-828, A-421-808)


1. ON DECEMBER 21, 2001, THE DEPARTMENT OF
COMMERCE PUBLISHED IN THE FEDERAL REGISTER ITS
FINAL DETERMINATIONS OF SALES AT NOT LESS THAN FAIR
VALUE IN THE DUTY INVESTIGATIONS OF LOW ENRICHED
URANIUM FROM THE UNITED KINGDOM, GERMANY AND THE
NETHERLANDS.

2. AMENDED SCOPE OF INVESTIGATION

FOR PURPOSES OF THESE INVESTIGATIONS, THE PRODUCT
COVERED IS ALL LOW ENRICHED URANIUM (LEU). LEU 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 LEU PRODUCED THROUGH THE DOWN-
BLENDING OF HIGHLY ENRICHED URANIUM).

CERTAIN MERCHANDISE IS OUTSIDE THE SCOPE OF THESE
INVESTIGATIONS. SPECIFICALLY, THESE INVESTIGATIONS
DO NOT COVER ENRICHED URANIUM HEXAFLUORIDE WITH A U
235 ASSAY OF 20 PERCENT OR GREATER, ALSO KNOWN AS
HIGHLY ENRICHED URANIUM. IN ADDITION, FABRICATED
LEU IS NOT COVERED BY THE SCOPE OF THESE
INVESTIGATIONS. FOR PURPOSES OF THESE
INVESTIGATIONS, 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 THESE INVESTIGATIONS.

ALSO EXCLUDED FROM THESE INVESTIGATIONS IS LEU
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.

THE MERCHANDISE SUBJECT TO THESE INVESTIGATIONS 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 IS DISPOSITIVE.

3. FOR FURTHER REPORTING PURPOSES THESE CASES HAVE
BEEN ASSIGNED THE FOLLOWING INVESTIGATION NUMBERS:

COUNTRY CASE NUMBER

UNITED KINGDOM A-412-820

THE NETHERLANDS A-421-808

GERMANY A-428-828

4. THE DEPARTMENT OF COMMERCE FOUND THAT NO FINAL
DUMPING MARGIN EXISTS WITH RESPECT TO LOW ENRICHED
URANIUM FROM THE NETHERLANDS AND GERMANY (AS IT DID
IN THE NEGATIVE PRELIMINARY DETERMINATIONS) AND
THAT A DE MINIMIS DUMPING MARGIN EXISTS WITH
RESPECT TO LOW ENRICHED URANIUM FROM THE UNITED
KINGDOM. THESE INVESTIGATIONS ARE NOW TERMINATED.
ACCORDINGLY, CUSTOMS IS DIRECTED TO TERMINATE THE
SUSPENSION OF LIQUIDATION FOR SHIPMENTS OF LOW
ENRICHED URANIUM FROM THE UNITED KINGDOM ENTERED,
OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON OR
AFTER DECEMBER 21, 2001, AND TO RELEASE ANY BOND OR
OTHER SECURITY, AND REFUND ANY CASH DEPOSIT FOR
DUMPING DUTIES. THERE IS NO NEED TO TERMINATE
SUSPENSION OF LIQUIDATION FROM GERMANY AND THE
NETHERLANDS BECAUSE WE NEVER SUSPENDED LIQUIDATION
(NEGATIVE PRELIMINARY DETERMINATIONS). INTEREST
PROVISIONS OF SECTION 778 OF THE TARIFF ACT OF 1930
DO NOT APPLY.

5. IF THERE ARE ANY QUESTIONS REGARDING THIS
MATTER BY CUSTOMS OFFICERS, PLEASE CONTACT VIA
E-MAIL, THROUGH THE APPROPRIATE SUPERVISORY
CHANNELS, OTHER GOVERNMENT AGENCY LIAISON, USING
THE ATTRIBUTE "HQ OAB." THE IMPORTING PUBLIC AND
OTHER INTERESTED PARTIES SHOULD CONTACT FRANK
THOMSON, OFFICE OF AD/CVD ENFORCEMENT, IMPORT
ADMINISTRATION, INTERNATIONAL TRADE ADMINISTRATION,
U.S. DEPARTMENT OF COMMERCE, AT (202) 482-4793.

6. THERE ARE NO RESTRICTIONS ON THE RELEASE OF
THIS INFORMATION.

PAUL SCHWARTZ