Slip Op. 06-124
UNITED STATES COURT OF INTERNATIONAL TRADE
EURODIF S.A., COMPAGNIE GÉNÉRALE
DES MATIÈRES NUCLÉAIRES AND
COGEMA,
INC., ET.AL.,
Plaintiffs, Before: Pogue, Wallach, and
Eaton, Judges
v.
UNITED STATES, Consol. Court No. 02-00219
Defendant.
JUDGMENT
On May 18, 2006, we remanded the captioned case to the
Department of Commerce (“Commerce”) to exclude low enriched uranium
enriched under so-called separative work unit contracts from the
scope of the antidumping duty order. See Eurodif S.A. v. United
States, 30 CIT ___,___, Slip. Op. 06-76 (May 18, 2006). Commerce
has since filed a remand determination; the parties have commented
thereon. Upon review of that determination, and the parties’
comments and rebuttals thereto, we find that Commerce has complied
with our remand order. We understand the parties’ technical
comments on the language of the order and the certification that
importers will have to complete upon the entry of low enriched
uranium. These technical objections, however, would be better
addressed in the context of a concrete dispute over a specific
entry. Cf. Nat'l Park Hospitality Ass'n v. DOI, 538 U.S. 803, 812
(2003); 19 C.F.R. § 351.225 (outlining the procedure for “scope”
determinations). Therefore, it is hereby:
ORDERED that the Department of Commerce’s remand determination
is sustained.
New York, New York
Dated: August 3, 2006
/s/ Donald C. Pogue
Donald C. Pogue
Judge
/s/ Evan J. Wallach
Evan J. Wallach
Judge
/s/ Richard K. Eaton
Richard K. Eaton
Judge