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Initiation of Antidumping and Countervailing Duty Investigations on Low Enriched Uranium from France, Germany, the Netherlands, and the United Kingdom

On December 27, 2000, the Department of Commerce (DOC) announced the initiation of antidumping (AD) and countervailing duty (CVD) investigations on Low Enriched Uranium from France, Germany, the Netherlands, and the United Kingdom.


The AD and CVD petitions were filed on behalf of USEC Inc., and its wholly owned subsidiary, United States Enrichment Corporation. Subsequent to the filing of the petitions, the Paper, Allied -Industrial, Chemical and Energy Workers International Union, AFL-CIO, CLC, and Local 5-550 and Local 5-689 (PACE) joined USEC, Inc. as petitioners in these cases.


The merchandise subject to these investigations is low enriched uranium (LEU). The technical language describing the scope of these investigations includes:

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. These investigations do not cover enriched uranium hexafluoride with a U235 assay of 20 percent or greater, also known as highly enriched uranium. 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.

The merchandise subject to these investigations is classified in the 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 U.S. Customs purposes, the written description of the merchandise under investigation is dispositive.


The following determinations will be made not later than these statutory deadlines:

Petition Filed: December 7, 2000

Initiation: December 27, 2000

ITC Preliminary Determination: January 22, 2001

DOC Preliminary Determination (CVD): March 2, 2001*

DOC Preliminary Determination (AD): May 16, 2001*

DOC Final Determination (CVD): May 16, 2001**

ITC Final Determination (CVD): July 2, 2001***

Order (CVD - anticipated): July 9, 2001

DOC Final Determination (AD): July 30, 2001*

ITC Final Determination (AD): September 14, 2001***

Order (AD - anticipated): September 21, 2001
* U.S. law allows these dates to be extended.

** If aligned with the antidumping final determinations, the CVD final
determinations will be issued on the deadline for the antidumping final determinations.

*** If the DOC makes affirmative final AD or CVD determinations, the ITC must make a final injury determination within 45 days. If that determination is affirmative, the DOC will issue a duty order.


Country / AD Margins / Subsidy Rates

France: 18.28% / 53.30% *

Germany: 19.44% / 29.52% *

The Netherlands: 10.76% / 29.22% *

The United Kingdom: 15.57% / 23.25% *

* Petitioners were unable to calculate an alleged subsidy rate because
the information necessary to calculate a subsidy rate is not publicly available.


Below is a breakdown of the volume of imports country by country, and the value of those imports in U.S. dollars:

Volume (kgs) / Value (000)

1998: 162,776 / $112,887

1999: 577,368 / $262,556

Jan-Sep 2000: 190,042 / $115,301

1998: 97,646 / $35,054

1999: 100,704 $36,124

Jan-Sep 2000: 1,312 $288

1998: 69,036 $30,049

1999: 47,141 $29,127

Jan-Sep 2000: 1,269 $324

United Kingdom:
1998: 54,689 / $35,278

1999: 95,521 / $86,144

Jan-Sep 2000: 91,143 / $36,802

(Source: U.S. Department of Commerce, Bureau of the Census IM 145 Reports and Trade Information for HTSUS 2844200020)





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