BETHESDA, Md.--(BUSINESS WIRE)--Sept. 28, 2007--Wednesday's decision by the U.S. Court of International Trade (CIT) to remand consideration of the case back to the U.S. Department of Commerce (DOC) was an expected part of the normal process of review and appeal.
The Court of International Trade effectively agreed with the request by the DOC to re-analyze its June 2006 affirmative decision in regards to the continuation of the Russian Suspension Agreement in light of certain decisions by the U.S. Court of Appeals for the Federal Circuit in the case of low enriched uranium from France. In those decisions, the Federal Circuit ruled that enrichment service transactions under SWU (separative work unit) contracts are sales of services, not goods, that are outside the scope of the antidumping law.
USEC agrees with the DOC's affirmative finding in last year's sunset review that termination of the suspended antidumping investigation would lead to a recurrence of Russian uranium dumping in the U.S. market, and expects the DOC again to issue an affirmative determination after the remand is complete.
Any decision by the DOC resulting from this remand would be subject to further review by the Court of International Trade and the U.S. Court of Appeals for the Federal Circuit, and thus would not take effect until all appeals are completed. USEC is considering seeking Supreme Court review of the U.S. Court of Federal Appeals' goods versus services decision.
Dumping of foreign-produced uranium imports continues to be a significant threat to the ability of the U.S. enrichment industry to deploy new production capacity, maintain existing capacity and successfully implement the Megatons to Megawatts program with Russia. The Russian Suspension Agreement helps prevent dumping of Russian uranium products.
Therefore, USEC will continue to support the efforts of the U.S. government to address dumped uranium imports so that foreign imports do not materially injure the U.S. enrichment industry, its workers and the communities in which they live.
USEC Inc. (NYSE:USU), a global energy company, is a leading supplier of enriched uranium fuel for commercial nuclear power plants.
CONTACT: USEC Inc.
Media:
Elizabeth Stuckle, 301-564-3399
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Investors:
Steven Wingfield, 301-564-3354
SOURCE: USEC Inc.