Low Enriched Uranium from France, Inv. No. 731-909 (Second Review)

Information collections for import injury investigations (producers, importers, purchasers, and foreign producer questionnaires and institution notices for 5-year reviews)

731-909 (LEU) - Instructions

Low Enriched Uranium from France, Inv. No. 731-909 (Second Review)

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INSTRUCTION BOOKLET
GENERAL INFORMATION, INSTRUCTIONS, AND
DEFINITIONS FOR COMMISSION QUESTIONNAIRES

LOW ENRICHED URANIUM FROM FRANCE
Investigation No. 731-TA-909 (Second Review)
Further information.--If you have any questions concerning the enclosed
questionnaire(s) or other matters related to this review, you may contact
the following members of the Commission=s staff (Fax 202-205-3205):
Chris Cassise, investigator (202-708-5408; Email [email protected])
regarding general questions and trade and related information;
Justin Jee, auditor (202-205-3186; Email [email protected])
regarding financial information; and
Aimee Larsen, economist (202-205-3179; Email [email protected])
regarding pricing, market, and related information.

GENERAL INFORMATION
Background.--On February 13, 2002, the Department of Commerce issued an antidumping duty
order on imports of low enriched uranium from France (67 F.R. 6680-6681). On December 3,
2012, the Commission instituted a review pursuant to section 751(c) of the Tariff Act of 1930 (19
U.S.C. § 1675(c)) (the Act) to determine whether revocation of the order would be likely to lead to
continuation or recurrence of material injury to the domestic industry within a reasonably
foreseeable time (72 F.R. 144). If the Commission makes an affirmative determination, the order
will remain in place. If the Commission makes a negative determination, the Department of
Commerce will revoke the order.
Questionnaires and other information pertinent to this proceeding are available at:
http://www.usitc.gov/trade_remedy/731_ad_701_cvd/investigations/2012/uranium/reviewphase.htm

Please direct questions regarding the questionnaire and correspondence to Chris Cassise
([email protected], 202-708-5408) at the U.S. International Trade Commission, 500 E
Street, SW, Washington, D.C. 20436. Correspondence may be sent to the above address or via
FAX to 202-205-3205.Hearing-impaired individuals can obtain information regarding this
proceeding via the Commission=s TDD terminal (202-205-1810).
Due date of questionnaire(s).-- Please submit the completed questionnaire(s) to the United States
International Trade Commission so as to be received by no later than July 16, 2013. Because
Commission staff might contact you with questions during the course of the proceeding, save the
final version of the document(s) and retain all files and worksheets associated with the completed
questionnaire(s). Please also retain a copy of any paper original document that you submit.
Service of questionnaire response(s).--In the event that your firm is a party to this proceeding,
you are required to serve a copy of the questionnaire(s), once completed, on parties to the
proceeding that are subject to administrative protective order (see 19 CFR ' 207.7). A list of such
parties is maintained by the Commission=s Secretary and may be obtained by calling
202-205-1803. A certificate of service must accompany the copy of the completed questionnaire(s)
you submit (see 19 CFR ' 207.7).
Confidentiality.--The commercial and financial data furnished in response to the enclosed
questionnaire(s) that reveal the individual operations of your firm will be treated as confidential by
the Commission to the extent that such data are not otherwise available to the public and will not
be disclosed except as may be required by law (see 19 U.S.C. ' 1677f). Such confidential
information will not be published in a manner that will reveal the individual operations of your
firm; however, general characterizations of numerical business proprietary information (such as
discussion of trends) will be treated as confidential business information only at the request of the
submitter for good cause shown.

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GENERAL INFORMATION--Continued
Verification.--The information submitted in the enclosed questionnaire(s) is subject to audit
and verification by the Commission. To facilitate possible verification of data, please keep
all of your files, worksheets, and supporting documents used in the preparation of the
questionnaire response(s).
Release of information.--The information provided by your firm in response to the
questionnaire(s), as well as any other business proprietary information submitted by your firm to
the Commission in connection with the proceeding, may become subject to, and released under,
the administrative protective order provisions of the Tariff Act of 1930 (19 U.S.C. ' 1677f) and
section 207.7 of the Commission=s Rules of Practice and Procedure (19 CFR ' 207.7). This means
that certain lawyers and other authorized individuals may temporarily be given access to the
information for use in connection with this review or other import-injury proceedings or reviews
conducted by the Commission on the same or similar merchandise; those individuals would be
subject to severe penalties if the information were divulged to unauthorized individuals.
INSTRUCTIONS
Answer all questions.--Do not leave any question or section blank unless a questionnaire
expressly directs you to skip over certain questions or sections. If the answer to any question is
zero or “none”, enter the number zero or “none”. If information is not readily available from
your records in exactly the form requested, furnish carefully prepared estimates. Answers to
questions and any necessary comments or explanations should be entered in the space provided or
in a separate MS Word document submitted along with the questionnaire(s). If your firm is
completing more than one questionnaire in connection with this proceeding (i.e., a producer,
importer, and/or purchaser questionnaire), you need not respond to duplicated questions in the
questionnaires.
Consolidate all U.S. establishments.--Report the requested data for your establishment(s) located
in the United States. Firms operating more than one establishment should combine the data
for all establishments into a single report.
Electronic completion.—Please electronically enter your responses into the Commission
provided MS Word document. The MS Word versions of all the questionnaires in this
proceeding are available online at the ITC web page.
Electronic submission.-- Responding firms should submit their questionnaire responses
electronically in MS Word format. The submission of questionnaire responses in the MS Word
format allows the Commission to electronically extract data from questionnaires and thus, compile,
assess, and analyze submitted data more efficiently and promptly. Furthermore, the electronic
submission of questionnaires completed in MS Word facilitates the Commission’s ability to
produce documents that comply with Section 508 of the Rehabilitation Act of 1973. There are
three electronic submissions options detailed below.

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INSTRUCTIONS--Continued
OPTIONS FOR FILING
This questionnaire is available as a “fillable” form in MS Word format on the
Commission’s website at
http://www.usitc.gov/trade_remedy/731_ad_701_cvd/investigations/2012/uranium/reviewphase.htm

Please do not attempt to modify the format or permissions of the questionnaire
document. Please complete the questionnaire and submit it electronically using
one of the methods noted below. If your firm is unable to complete the MS Word
questionnaire or cannot use one of the electronic methods of submission, please
contact the Commission for further instructions.
• Upload via Secure Drop Box.—Upload the completed questionnaire in MS Word format along
with a scanned copy of the signed certification page (page 1) through the Commission’s secure
upload facility:
Web address: https://dropbox.usitc.gov/oinv/

Pin: LEU2

• E-mail.—E-mail your questionnaire to the investigator identified on page 1 of the Instruction
Booklet; include a scanned copy of the signed certification page (page 1). Please note that
submitting your questionnaire by e-mail may subject your firm’s business proprietary information
to transmission over an unsecure environment and to possible disclosure. If you choose this
option, the Commission warns you that any risk involving possible disclosure of such information
is assumed by the submitter and not by the Commission.
• Compact disc (CD).—Copy your MS Word questionnaire onto a CD. Also please include a
signed certification page (page 1), and mail to the U.S. International Trade Commission, 500 E.
Street, SW, Washington, DC 20024. It is strongly recommended that you use an overnight mail
service. U.S. mail sent to government offices undergoes additional processing which not only
results in substantial delays in delivery but may also damage CDs.
Note: If you are a party to the proceeding, and service of the questionnaire is required,
such service should be made in paper form.

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DEFINITIONS
Low enriched uranium (“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 downblending of highly enriched uranium).
Certain merchandise is outside the scope of the antidumping duty order. Specifically, the 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 the
order. For purposes of the 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 U235 concentration of no greater than 0.711 percent are
not covered by the scope of this order. Also excluded from the 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
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.
LEU is covered by statistical reporting number 2844.20.0020 of the Harmonized Tariff Schedule
of the United States (HTS). Subject merchandise may also enter under 2844.20.0030,
2844.20.0050, and 2844.40.00. Although the HTS numbers are provided for convenience and
customs purposes, the written description of the merchandise is dispositive.
Enriched uranium product (EUP).--LEU that is sold or purchased where the customer does not
provide any natural UF6.
Assay.--Percent weight of U235 in LEU or tails.
Depleted uranium (tails).--Byproduct of the enrichment process with a U235 product assay of
approximately 0.2 to 0.3 percent.
Firm.--An individual proprietorship, partnership, joint venture, association, corporation
(including any subsidiary corporation), business trust, cooperative, trustee in bankruptcy, or
receiver under decree of any court.
Related firm.--A firm that your firm solely or jointly owned, managed, or otherwise controlled; a
firm that solely or jointly owned, managed, or otherwise controlled your firm; and/or a firm that
was solely or jointly owned, managed, or otherwise controlled by a firm that also solely or jointly
owned, managed, or otherwise controlled your firm.

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DEFINITIONS—Continued
Establishment.--Each facility of a firm in the United States involved in the production,
importation, and/or purchase of LEU (as defined above), including auxiliary facilities operated in
conjunction with (whether or not physically separate from) such facilities.
United States.--For purposes of this review, the 50 States, Puerto Rico, the U.S. Virgin Islands,
and the District of Columbia.
Quantities.--For purposes of these investigations, quantities of UF6 are collected in two ways:
Separative work units (SWUs).--SWUs are the units of effort required to enrich UF6 in the
U235 isotope. The effort required to enrich a given quantity of uranium to a product having
a higher assay of U235 than the starting material, and a byproduct (tails) having a lower
assay of U235 than the starting material.
Kg of enriched U.--The weight in kilograms of uranium in the enriched UF6.
Importer.--Any person or firm engaged, either directly or through a parent company or subsidiary,
in importing LEU (as defined above) into the United States from a foreign manufacturer or
through its selling agent.
Imports.--Those products identified for Customs purposes as imports for consumption for which
your firm was the importer of record (i.e., was responsible for paying any import duty) or
consignee (i.e., to which the merchandise was first delivered).
Import quantities.--Quantities reported should be net of returns.
Import values.--Values reported should be landed, duty-paid values (but not including
antidumping and/or countervailing duties) at the U.S. port of entry, including ocean freight
and insurance costs, brokerage charges, and normal import duties (i.e., including all
charges except inland freight in the United States and antidumping and/or countervailing
duties).
Timing of imports.--LEU imported into the United States is counted as an import in the
period in which the physical transport of the product occurs, NOT when the ownership is
transferred.
Purchaser.--Any person or firm engaged, either directly or through a parent company or
subsidiary, in purchasing LEU (as defined above) from another firm that produces, imports, or
otherwise distributes LEU. A retail firm that is the importer of record may be considered a
purchaser.

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DEFINITIONS—Continued
Purchases.--Purchases from all sources, NOT including direct imports from foreign sources
located outside of the United States (which should be reported in an importer questionnaire).
Purchase quantities.--Quantities reported should be net of returns.
Purchase values.--Values reported should be net values (i.e., gross purchase values less all
discounts, allowances, rebates, and the value of returned goods), delivered to your U.S.
receiving point.
Timing of purchases.--Purchases should be reported in the period in which the ownership
is transferred. This may involve physical delivery to the customer, but also may involve a
book transfer of ownership without any physical movement of the product.
Shipments.--Shipments of products produced in or imported by your U.S. establishment(s).
Include shipments to the contracting firm of product produced by your firm under a toll agreement.
Shipment quantities.--Quantities reported should be net of returns.
Shipment values.--Values reported should be net values (i.e., gross sales values less all
discounts, allowances, rebates, prepaid freight, and the value of returned goods), f.o.b.
your U.S. point of shipment. The value of domestic shipments to the contracting firm
under a toll agreement is the conversion fee (including profit).
Timing of shipments.--Shipments should be reported in the period in which the ownership
is transferred. This may involve physical delivery to the customer, but more likely will
involve a book transfer of ownership without any physical movement of the product.
Types of shipments:
U.S. shipments.--Commercial shipments, internal consumption, and transfers to related
firms within the United States.
Commercial shipments.--Report all commercial shipments (or U.S. shipments on the
producers’ questionnaire) as either SWU contracts or as EUP contracts:
SWU contract.--Any agreement for the delivery of LEU in which the customer
delivers natural UF6 for all or part of the LEU’s natural uranium component.
Natural UF6 component.--The quantity of natural UF6 required for the production
of a quantity of LEU at a given U235 product assay and a given U235 tails assay. The
natural UF6 component is calculated by application of an industry standard
formula that describes the relationship between SWU and natural UF6 in the
production of LEU.
DEFINITIONS—Continued
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SWU component.--The quantity (number) of SWU required for the production of
a quantity of LEU at a given U235 product assay and a given U235 tails assay. The
SWU component is calculated by application of an industry standard formula that
describes the relationship between SWU and natural UF6 in the production of LEU.
EUP contract.--A contract for the purchase of LEU in which the customer pays the
enricher for both the SWU component and the natural uranium component. See
above for natural UF6 and SWU components descriptions. In an EUP contract, the
quantity and value of the natural UF6 component and the quantity (number) or
value of SWUs may or may not be provided to the customer.
Export shipments.--Shipments to destinations outside the United States, including
shipments to related firms. Report all shipments as either SWU contracts or EUP contracts
as defined above under U.S. commercial shipments.
Inventories.--Unless otherwise specified, inventories reported should be finished goods inventory,
not raw materials or work-in-progress. Inventories should include product held on behalf of your
firm by fabricators and others. Additionally, importers’ inventories should only be inventories
located in the United States.
The following definitions apply only to the PRODUCER QUESTIONNAIRE.
Average production capacity.--The level of production that your establishment(s) could
reasonably have expected to attain during the specified periods. Assume normal operating
conditions (i.e., using equipment and machinery in place and ready to operate; normal operating
levels (hours per week/weeks per year) and time for downtime, maintenance, repair, and cleanup;
and a typical or representative LEU mix).
Toll agreement.--Agreement between two firms whereby the first firm furnishes the raw materials
and the second firm uses the raw materials to produce LEU that it then returns to the first firm with
a charge for processing costs, overhead, etc.
Production.--All production in your U.S. establishment(s), including production consumed
internally within your firm and production for another firm under a toll agreement. Production of
LEU includes traditional methods, such as centrifugation and gaseous diffusion, as well as all
other production methods resulting in enriched uranium, including such methods as enriching
depleted tails, trails stripping, reprocessing uranium, downblending highly enriched uranium, and
enriching reprocessed uranium.

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DEFINITIONS—Continued
PRWs.--Production and related workers, including working supervisors and all nonsupervisory
workers (including group leaders and trainees) engaged in fabricating, processing, assembling,
inspecting, receiving, storage, handling, packing, warehousing, shipping, trucking, hauling,
maintenance, repair, janitorial and guard services, product development, auxiliary production for
plant’s own use (e.g., power plant), recordkeeping, and other services closely associated with the
above production operations.
Average number employed.--Add the number of employees, both full-time and part-time, for the
12 pay periods ending closest to the 15th of the month and divide that total by 12. For the
January-March periods, calculate similarly and divide by 3.
Hours worked.--Include time paid for sick leave, holidays, and vacation time. Include overtime
hours actually worked; do not convert overtime pay to its equivalent in straight-time hours.
Wages paid.--Total wages paid before deductions of any kind (e.g., withholding taxes, old-age and
unemployment insurance, group insurance, union dues, bonds, etc.). Include wages paid directly
by your firm for overtime, holidays, vacations, and sick leave.
Fiscal year.--The 12-month period between settlement of your firm=s financial accounts.
Purchases other than direct imports.--Purchases from U.S. producers, U.S. importers, and other
U.S. sources.

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File TitleMicrosoft Word - 731-909 (LEU) - Instructions
Authorchris.cassise
File Modified2013-06-19
File Created2013-06-19

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