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Syllabus
NOTE: Where it is feasible, a syllabus (headnote) will be released, as is
being done in connection with this case, at the time the opinion is issued.
The syllabus constitutes no part of the opinion of the Court but has been
prepared by the Reporter of Decisions for the convenience of the reader.
See United States v. Detroit Timber & Lumber Co., 200 U. S. 321, 337.
Syllabus
treat the transaction as the sale of a good under 1673. Cf. Powder
Co. v. Burkhardt, 97 U. S. 110, 116. The Departments position is re
inforced by practical reasons aimed at preserving antidumping du
ties effectiveness. It is undisputed that such duties apply to LEU
sold to a domestic utility by foreign enrichers under an EUP contract
calling for a single cash price that is less than fair value. Such a
transaction obviously opens the domestic enrichment industry to ma
terial injury, the very threat that 1673 was meant to counter. But
the same injury will occur if a SWU contract is untouchable. Under a
SWU contract, the domestic utility pays cash to a third party for un
enriched uranium and provides this along with additional cash in ex
change for LEU; any EUP contract could be structured as a SWU
contract simply by splitting the transaction in two, one contract to
buy unenriched uranium and another to enrich it. And the restruc
turing would not stop with uranium; contracts for many types of
goods would be replaced by separate contracts for the goods and for
processing services, and antidumping duties would primarily chastise
the uncreative. The Departments attempt to foreclose this absurd
result by treating such transactions as sales of goods is eminently
reasonable. Pp. 916.
506 F. 3d 1051, reversed and remanded.
SOUTER, J., delivered the opinion for a unanimous Court.
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2 Many SWU contracts give the utility the option of providing a com
parable quantity of uranium concentrate in lieu of the specified feed
uranium. App. 13, 83, 26869 (Sealed).
3 There
4 The
that LEU from the United Kingdom, Germany, and the Netherlands
was not being sold, or likely to be sold, at less than fair value. Notice of
Final Determinations of Sales at Not Less Than Fair Value: Low
Enriched Uranium from the United Kingdom, Germany and the Neth
erlands, id., at 65886.
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11
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9 Eurodif
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LEU. In light of this process, some entity must own the LEU prior to
delivery and obtain title to the feed uranium after delivery, absent
some modern analog to the abhorrent possibility of an abeyance of
seizen; the enricher is the only serious candidate.
10 Common law definitions do not necessarily control the meaning of
terms in modern trade laws; we merely mean to show the long pedigree
of the distinction relied upon by the Commerce Department.
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