Slip Op. 06-76
United States Court of International Trade
EURODIF S.A., COMPAGNIE GÉNÉRALE
DES MATIÈRES NUCLÉAIRES AND COGEMA,
INC., ET.AL.,
Consol. Court No.
Plaintiffs, 02-00221
v.
UNITED STATES,
Defendant.
JUDGMENT
In light of the Court of Appeals for the Federal Circuit’s decisions
in Eurodif S.A. v. United States, 411 F.3d 1355 (Fed. Cir. 2005)
(“Eurodif I”) and Eurodif S.A. v. United States, 423 F.3d 1275 (Fed. Cir.
2005) (“Eurodif II”), on January 5, 2006 this court remanded the
captioned matter to the Department of Commerce (“Commerce”). In those
remand instructions, the court ordered Commerce to “revise such final
determination and order in accordance with the decisions in Eurodif I and
II [and to] specifically explain how its final determination and order
on remand has eliminated all SWU transactions as required by Eurodif I
and II.”
Having reviewed Commerce’s determination submitted pursuant to the
court’s remand, and papers in relation thereto, and good cause appearing
therefore, it is hereby
ORDERED that the Department of Commerce’s remand determination is
sustained.1
/s/ Donald C. Pogue
Donald C. Pogue
Judge
/s/ Evan J. Wallach
Evan J. Wallach
Judge
Dated: May 18, 2006
New York, New York /s/ Richard K. Eaton
Richard K. Eaton
Judge
1
Defendant-Intervenors’, USEC Inc. et al’s, continued objection
to these remand results is address in Eurodif S.A. v. United States,
Slip-Op. 06-75 (2006) issued simultaneously with this decision.