US courts to re-examine dumping decision

21 April 2008

Appeals to the US Supreme Court to review a March 2005 Federal Circuit decision that uranium enrichment was a 'service' and not a 'good' have been successful. The Supreme Court could render a decision in late 2008 or 2009. The Solicitor General of the USA, along with the general counsels of US Departments of Commerce, Defense, Energy and State, requested Supreme Court review of the Federal Circuit decision. "The support and participation by the US government highlights the national interests at stake in this case," said USEC. The decision in question meant that anti-dumping tariffs could not be maintained against Eurodif and also led to a re-evaluation of anti-dumping measures made against Russian uranium enrichers. Trade rules with Russia have since been re-written with new arrangements for 2011 and beyond. "The risk of dumping of foreign-produced low enriched uranium imports continues to pose a significant threat to the US enrichment industry, as well as the economic well being of its workers and the communities in which they live," said USEC, which is currently constructing a new uranium enrichment plant based on centrifuge technology. USEC said it was "hopeful that the Supreme Court will reverse the Federal Circuit's decision."