USEC Welcomes Supreme Court Decision
BETHESDA, Md.--(BUSINESS WIRE)--Jan. 26, 2009--USEC Inc. (NYSE:USU) today applauded a unanimous decision by the U.S.
Supreme Court that imports of low enriched uranium (LEU) under
enrichment services (or SWU) contracts are subject to U.S. trade law.
"Today's decision is an important step in supporting the continued
health of the U.S. nuclear fuel industry," said John K. Welch, USEC
president and chief executive officer.
In 2001, the U.S. Department of Commerce determined that French enricher
Eurodif S.A. had dumped LEU into the United States, and in 2002 the
department issued an order imposing duties on French imports to offset
the dumping. In March 2005, the U.S. Court of Appeals for the Federal
Circuit (Federal Circuit) significantly limited the scope of the
Commerce Department's dumping duty order, by ruling that LEU sold under
SWU contracts constituted the sale of a service, not merchandise, and
therefore was not covered by U.S. antidumping laws.
Both the U.S. government and USEC sought reversal of the Federal Circuit
decision. The Solicitor General's appeal to the Supreme Court was
supported by the Departments of Commerce, Energy, State and Defense. The
Supreme Court's decision reverses the Federal Circuit's ruling and gives
the Commerce Department the ability to enforce its dumping finding
against all LEU imports, regardless of the type of contract involved.
"Today, the U.S. Supreme Court unanimously ruled in favor of effective
U.S. trade laws by holding that the U.S. antidumping law applies to all
dumped imports of LEU," said Peter B. Saba, USEC general counsel. "By
reversing a lower court ruling that would have excluded a large number
of dumped imports based solely on the type of contract under which the
LEU was sold, the Supreme Court leveled the playing field for domestic
producers and their workers competing against these unfairly priced
imports."
The decision closes a potential gap in U.S. law that would have allowed
unfairly priced imports to undermine the domestic uranium enrichment
industry at a time when it is expected to play a vital role in the U.S.
nuclear renaissance. The decision will not affect imports of fairly
priced imports, but will ensure that dumped imports do not jeopardize
the success of USEC's American Centrifuge Plant under construction in
Piketon, Ohio, and other new enrichment projects now underway or planned
in the United States.
In a unanimous opinion written by Justice David Souter, the Supreme
Court held that the Commerce Department's determination that SWU
transactions constitute sales of goods covered by the antidumping laws
was reasonable and was "reinforced by practical reasons aimed at
preserving the effectiveness of antidumping duties."
Saba thanked the U.S. government for their work on the case saying, "We
appreciate the strong support on this case from the U.S. government."
USEC Inc., 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
Investors: Steven Wingfield, 301-564-3354
Source: USEC Inc.