MESSAGE NO: 2051201 DATE: 02 20 2002
CATEGORY: ADA TYPE: ORD
REFERENCE: REFERENCE DATE:
CASES: A - 427 - 818 - -
- - - -
- - - -

PERIOD COVERED: 02 13 2002 TO

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS

FROM: DIRECTOR, SPECIAL ENFORCEMENT

RE: ANTIDUMPING ORDER IN THE INVESTIGATION OF LOW ENRICHED
URANIUM FROM FRANCE (A-427-818)


1. ON FEBRUARY 13, 2002, THE DEPARTMENT OF COMMERCE PUBLISHED
IN THE FEDERAL REGISTER ITS ANTIDUMPING DUTY ORDER AND AMENDED
FINAL DETERMINATION, IN THE INVESTIGATION OF LOW ENRICHED
URANIUM FROM FRANCE. THIS IS AN AMENDMENT OF MESSAGE 2011203
SENT ON JANUARY 11, 2002.

2. THE SCOPE OF THIS ORDER COVERS 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 THIS ORDER.
SPECIFICALLY, THIS ORDER DOES NOT COVER ENRICHED URANIUM
HEXAFLUORIDE WITH A U235 ASSAY OF 20 PERCENT OR GREATER, ALSO
KNOWN AS HIGHLY ENRICHED URANIUM. IN ADDITION, FABRICATED LEU
IS NOT COVERED BY THE SCOPE OF THIS ORDER. FOR PURPOSES OF
THIS 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
U 235 CONCENTRATION OF NO GREATER THAN 0.711 PERCENT ARE NOT
COVERED BY THE SCOPE OF THIS ORDER.

ALSO EXCLUDED FROM THIS ORDER 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 DESIGNATED 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 (SEE PARAGRAPHS 5 AND 6 BELOW).

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 IS
DISPOSITIVE.

3. FOR FURTHER REPORTING PURPOSES THIS CASE HAS BEEN ASSIGNED
INVESTIGATION NUMBER A-427-818.

4. FOR IMPORTS OF LOW ENRICHED URANIUM FROM FRANCE, THE
CUSTOMS SERVICE SHALL SUSPEND LIQUIDATION OF SUCH SHIPMENTS
ENTERED OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON OR
AFTER FEBRUARY 13, 2002. EFFECTIVE FEBRUARY 13, 2002 CUSTOMS
SHALL REQUIRE A CASH DEPOSIT EQUAL TO THE ANTIDUMPING MARGINS
SHOWN BELOW:

MFR/PRODUCER CUSTOMS ID MARGIN EXPORTER
NUMBER PERCENTAGE COMPAGNIE
GENERALE A-427-818-001 19.95 DES MATIERES
NUCLEAIRES

ALL OTHERS A-427-818-000 19.95

5. ENTRY SUMMARIES COVERING MERCHANDISE TO BE EXCLUDED FROM
THE SCOPE OF THIS ORDER-LEU OWNED BY A FOREIGN UTILITY END-USER
AS DESCRIBED IN PARAGRAPH 2, ABOVE-MUST BE ACCOMPANIED BY A
CERTIFICATION FROM THE IMPORTER AS FOLLOWS:

WE, THE UNDERSIGNED IMPORTER, HEREBY CERTIFY AS FOLLOWS:

A) THE ACCOMPANYING ENTRY OF ENRICHED URANIUM HEXAFLUORIDE IS
IMPORTED BY US FOR PURPOSES OF CONVERSION BY ?INSERT NAME OF
FABRICATOR INTO URANIUM DIOXIDE AND/OR FABRICATION BY ?INSERT
NAME OF FABRICATOR INTO NUCLEAR FUEL ASSEMBLIES FOR CONSUMPTION
BY THE NAMED END-USER IN A NUCLEAR REACTOR OUTSIDE THE UNITED
STATES.

B) THIS ENRICHED URANIUM HEXAFLUORIDE, AND ANY URANIUM PRODUCTS
DERIVED THEREFROM, WILL (1) REMAIN AT ALL TIMES IN OUR
POSSESSION AND CONTROL OR IN THE POSSESSION AND CONTROL OF OUR
AUTHORIZED TRANSPORTER(S), OR IN THE POSSESSION AND CONTROL OF
?INSERT NAME OF FABRICATOR OR THEIR AUTHORIZED TRANSPORTER(S),
WHILE IN THE CUSTOMS TERRITORY OF THE UNITED STATES AND (2)
SHALL NOT BE SOLD, LOANED, SWAPPED, USED AS LOAN REPAYMENTS, OR
UTILIZED FOR ANY PURPOSE OTHER THAN FOR CONVERSION INTO URANIUM
DIOXIDE AND/OR FABRICATION INTO NUCLEAR FUEL ASSEMBLIES BY
?INSERT NAME OF FABRICATOR FOR CONSUMPTION BY ?INSERT NAME
OF END-USER OUTSIDE THE UNITED STATES.

C) AN AMOUNT OF ENRICHED URANIUM IN THE FORM OF URANIUM DIOXIDE
EQUAL TO THE ACCOMPANYING ENTRY IN TERMS OF THE QUANTITY OF
URANIUM-235 CONTAINED IN THIS ENTRY (LESS AN IRRECOVERABLE
PROCESSING LOSS NOT TO EXCEED 1.0 PERCENT), AND WITH THE SAME
COUNTRY OF ORIGIN, WILL BE EXPORTED TO ?INSERT NAME OF END-USER

BY ?INSERT NAME OF FABRICATOR FROM THE UNITED STATES WITHIN
EIGHTEEN (18) MONTHS OF THE DATE OF THIS ENTRY.

D) THE ACCOMPANYING ENTRY IS BEING IMPORTED SOLELY FOR THE
ABOVE STATED PURPOSES.

WE MAKE THIS CERTIFICATION UNDER PENALTY OF LAW, INCLUDING
(WITHOUT LIMITATION) THE PENALTIES OF 19 U.S.C. SECTION 1592.

6. ENTRY SUMMARIES COVERING MERCHANDISE TO BE EXCLUDED FROM
THE SCOPE OF THIS ORDER-LEU OWNED BY A FOREIGN UTILITY END-USER
AS DESCRIBED IN PARAGRAPH 2, ABOVE-MUST ALSO BE ACCOMPANIED BY
A CERTIFICATION FROM THE END-USER AS FOLLOWS:

WE, THE UNDERSIGNED END-USER, HEREBY CERTIFY AS FOLLOWS:

A) THE ACCOMPANYING ENTRY OF ENRICHED URANIUM HEXAFLUORIDE IS
IMPORTED ON OUR BEHALF BY ?INSERT NAME OF IMPORTER FOR PURPOSES
OF CONVERSION BY ?INSERT NAME OF FABRICATOR INTO URANIUM
DIOXIDE AND/OR FABRICATION BY ?INSERT NAME OF FABRICATOR INTO
NUCLEAR FUEL ASSEMBLIES FOR CONSUMPTION BY US IN A NUCLEAR
REACTOR OUTSIDE THE UNITED STATES.

B) THIS ENRICHED URANIUM HEXAFLUORIDE, AND ANY URANIUM PRODUCTS
DERIVED THEREFROM, WILL (1) REMAIN AT ALL TIMES IN THE
POSSESSION AND CONTROL OF ?INSERT NAME OF IMPORTER, ?INSERT
NAME OF FABRICATOR IF DIFFERENT FROM IMPORTER OR ITS/THEIR
AUTHORIZED TRANSPORTER(S) WHILE IN THE CUSTOMS TERRITORY OF THE
UNITED STATES AND (2) SHALL NOT BE SOLD, LOANED, SWAPPED, USED
AS LOAN REPAYMENTS, OR UTILIZED FOR ANY PURPOSE OTHER THAN FOR
CONVERSION INTO URANIUM DIOXIDE AND/OR FABRICATION INTO NUCLEAR
FUEL ASSEMBLIES BY ?INSERT NAME OF FABRICATOR FOR CONSUMPTION
BY US OUTSIDE THE UNITED STATES.

C) AN AMOUNT OF ENRICHED URANIUM IN THE FORM OF URANIUM DIOXIDE
EQUAL TO THE ACCOMPANYING ENTRY IN TERMS OF THE QUANTITY OF
URANIUM-235 CONTAINED IN THIS ENTRY (LESS AN IRRECOVERABLE
PROCESSING LOSS NOT TO EXCEED 1.0 PERCENT), AND WITH THE SAME
COUNTRY OF ORIGIN, WILL BE EXPORTED TO US BY ?INSERT NAME OF
FABRICATOR FROM THE UNITED STATES WITHIN EIGHTEEN (18) MONTHS
OF THE DATE OF THIS ENTRY.

D) THE ACCOMPANYING ENTRY IS BEING IMPORTED SOLELY FOR THE
ABOVE STATED PURPOSES.

WE MAKE THIS CERTIFICATION UNDER PENALTY OF LAW, INCLUDING
(WITHOUT LIMITATION) THE PENALTIES OF 19 U.S.C. SECTION 1592.

7. UPON PROVISION OF THE CERTIFICATIONS DESCRIBED IN
PARAGRAPHS 5 AND 6 ABOVE, CUSTOMS IS DIRECTED TO TERMINATE THE
SUSPENSION OF LIQUIDATION FOR SHIPMENTS OF MERCHANDISE TO BE
EXCLUDED FROM THE ORDER-LEU OWNED BY A FOREIGN UTILITY END-USER
AS DESCRIBED IN PARAGRAPH 2, ABOVE, ENTERED, OR WITHDRAWN FROM
WAREHOUSE, FOR CONSUMPTION ON OR AFTER JULY 13, 2001, AND TO
RELEASE ANY BOND OR OTHER SECURITY, AND REFUND ANY CASH
DEPOSIT. INTEREST PROVISIONS OF SECTION 778 OF THE TARIFF ACT
OF 1930 DO NOT APPLY.

8. MESSAGE 2011203 SENT ON JANUARY 11, 2002 DIRECTED CUSTOMS
TO FORWARD THE CERTIFICATIONS TO THE DEPARTMENT. THIS
AMENDMENT RESCINDS THAT INSTRUCTION. CERTIFICATIONS SHOULD NOT
BE FORWARDED TO THE DEPARTMENT.

9. 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 EDWARD EASTON OR VICKI
SCHEPKER, OFFICE OF AD/CVD ENFORCEMENT, IMPORT ADMINISTRATION,
INTERNATIONAL TRADE ADMINISTRATION, U.S. DEPARTMENT OF
COMMERCE, AT (202) 482-3003 OR (202)482-1756, RESPECTIVELY.

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

PAUL SCHWARTZ

NOTE: THIS MESSAGE WAS INADVERTENTLY REMOVED FROM ADIL SO HAS
BEEN REPOSTED TO ADIL ON NOVEMBER 14, 2009. DIRECTOR, TRADE
ENFORCEMENT CONTROL IS NOW SHOWN AS DIRECTOR, SPECIAL
ENFORCEMENT. THE BALANCE OF THE TEXT AND INFORMATION REMAINS
UNCHANGED AND MATCHES THE MESSAGE THAT STILL APPEARS ON THE
ADD/CVD SEARCH APPLICATION ON CBP.GOV.