Eurodif S.A. v. United States , 414 F. Supp. 2d 1262 ( 2006 )

Slip Op. 06-2
UNITED STATES COURT OF INTERNATIONAL TRADE
EURODIF S.A., COMPAGNIE GÉNÉRALE
DES MATIÉRES NUCLÉAIRES, AND
COGEMA, INC., ET AL.,
Plaintiffs,
Before: Pogue, Judge
v.
Consol. Ct. No. 02-00219
UNITED STATES,
Defendant.
ORDER FOR REMAND
In accordance with the decisions of the United States Court
of Appeals for the Federal Circuit 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”), and upon consideration of the parties’ filings herein, it
is hereby:
ORDERED that the final determination and issuance of an
antidumping duty order by the United States Department of
Commerce (“Commerce”) in Low Enriched Uranium from France, 66
Fed. Reg. 65,877 (Dep’t Commerce Dec. 21, 2001)(notice of final
affirmative antidumping duty determination) as amended, 66 Fed.
Reg. 6680 (Dep’t Commerce Feb. 13, 2002)(notice of amended final
Consol. Ct. No. 02-00219 Page 2
determination of antidumping duty order), challenged in
Consolidated Court No. 02-00219, is remanded to Commerce for
action consistent with the decisions of the Court of Appeals for
the Federal Circuit in Eurodif I and II.
ORDERED that Commerce upon remand shall revise such final
determination and order in accordance with the decisions in
Eurodif I and II. Commerce shall specifically explain how its
final determination and order on remand has eliminated all SWU
transactions as required by Eurodif I and II.
ORDERED that Commerce shall file its remand results in
Consolidated Court No. 02-00219 with the Court, and serve the
parties with same, by March 3, 2006. All parties may file and
serve responses thereto by March 17, 2006 thereafter. All
parties may file and serve a reply to any responses by March 31,
2006; and it is further
ORDERED that all other action in Consolidated Court No. 02-
00219 before this Court is stayed pending further notice from
the Court.
/s/ Donald C. Pogue
Donald C. Pogue, Judge
Dated: January 5, 2006
New York, New York