MESSAGE NO: 2162203 DATE: 06 11 2002
CATEGORY: ADA TYPE: FIN
REFERENCE: REFERENCE DATE:
CASES: A - 412 - 820 A - 428 - 828
A - 421 - 806 - -
- - - -

PERIOD COVERED: 07 13 2001 TO

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS

FROM: DIRECTOR, TRADE ENFORCEMENT & CONTROL

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


1. THIS E-MAIL MESSAGE IS TO CORRECT PARAGRAPH 4 OF MESSAGE NO
2022201 DATED 01/22/2002. PLEASE DISREGARD THE ENTIRE MESSAGE NO
2022201 AND REPLACE IT WITH THE FOLLOWING MESSAGE.

2. 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.

3. 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 U235 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 (U
3O8) 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.

4. 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

5. 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.
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 JULY 13, 2001, AND TO RELEASE ANY BOND OR OTHER
SECURITY, AND REFUND ANY CASH DEPOSIT FOR DUMPING DUTIES.
INTEREST PROVISIONS OF SECTION 778 OF THE TARIFF ACT OF 1930 DO
NOT APPLY.

6. 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 CINDY LAI ROBINSON, OFFICE OF
AD/CVD ENFORCEMENT, IMPORT ADMINISTRATION, INTERNATIONAL TRADE
ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE, AT (202) 482-3797.

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

KATHY SAUCEDA