Trade Law Daily is a Warren News publication.

CV: France Low Enriched Uranium

The International Trade Administration has issued a notice announcing that it is revoking the countervailing duty order on low enriched uranium from France pursuant to the ITA's recalculation of the subsidy rate on remand by the Court of International Trade.

Sign up for a free preview to unlock the rest of this article

Timely, relevant coverage of court proceedings and agency rulings involving tariffs, classification, valuation, origin and antidumping and countervailing duties. Each day, Trade Law Daily subscribers receive a daily headline email, in-depth PDF edition and access to all relevant documents via our trade law source document library and website.

(The ITA's final affirmative CV duty determination was challenged before the CIT. The CIT remanded the case to the ITA, and the ITA subsequently calculated a revised subsidy rate for Eurodif, S.A., Compagnie Generale Des Matieres Nucleaires (COGEMA), and COGEMA Inc., et al.1 (collectively, Eurodif) of 0.87%, which is de minimis. See ITT's Online Archives or 12/27/01 news, 01122735, for BP summary of the ITA's final affirmative CV duty determination.)

CV Duty Order Revoked Effective May 14, 2001

The ITA states that because Eurodif is the only known producer/exporter of the subject merchandise and its CV duty rate is now de minimis, the ITA is revoking the CV duty order for all entries effective May 14, 2001, the date on which it published the notice of preliminary affirmative CV duty determination.

Accordingly, the ITA will instruct U.S. Customs and Border Protection to terminate suspension of liquidation (unless subject to an injunction, see below).

Certain Injunctions Remain in Place for CV Duty and AD Duty Orders

The ITA states that injunctions enjoining liquidation of entries subject to the CV duty order remain in place for (1) entries on or after May 14, 2001, and on or before September 11, 2001, and on or after February 13, 2002, and on or before December 31, 2002, and (2) entries on or after January 1, 2003, and on or before December 31, 2003.

Injunctions enjoining liquidations of entries subject to the companion antidumping duty order remain in place for (1) entries on or after July 13, 2001, and on or before January 8, 2002, and on or after February 13, 2002, and (2) entries on or after February 1, 2003, and on or before January 31, 2004.

The ITA will instruct CBP to liquidate all entries without regard to CV duties when the injunctions are lifted.

(The ITA notes that it is also rescinding the ongoing administrative review covering the period January 1, 2006 through December 31, 2006, and will not initiate the deferred administrative review covering the period January 1, 2005 through December 31, 2005.)

1The ITA notes that COGEMA and COGEMA Inc. are now known as AREVA NC and AREVA NC, Inc.

(See ITT's Online Archives or 06/20/06 news, 06062040, for BP summary of the ITA's "Timken" notice that a court decision is not in harmony with the ITA's final affirmative CV duty determination.)

ITA contact - Kristen Johnson (202) 482-4793

ITA Notice (FR Pub 05/25/07) available at http://a257.g.akamaitech.net/7/257/2422/01jan20071800/edocket.access.gpo.gov/2007/pdf/E7-10136.pdf