Stuart Rosen

Partner

Weil, Gotshal & Manges LLP

Current

Current

Areva/Eurodif Low Enriched Uranium from France Litigation Representing AREVA, one of the world’s largest providers of nuclear-related services, the International Trade Group won a major victory in cases against low enriched uranium from France, which involved the application of the antidumping and countervailing duty laws to services transactions. The CAFC agreed with the arguments raised on behalf of AREVA and its affiliate, Eurodif, that the U.S. Department of Commerce had overstepped its statutory authority by attempting to subject enrichment services transactions to the antidumping and countervailing duty laws, even though the operative provisions of these statutes apply to the sale of merchandise and the purchase of goods, respectively. In September 2005, the CAFC rejected petitions for rehearing and for en banc reversal of its decision, and instead remanded the case to the CIT, which sent the case back to Commerce. Commerce thereafter proposed the revocation of the low enriched uranium countervailing duty order which had been based on subsidies improperly attributed to the purchase of enrichment services, and the amendment of the scope of the low enriched uranium antidumping duty order to exclude enrichment services transactions from its scope, in March and June 2006, respectively. The CIT affirmed Commerce’s countervailing and antidumping duty determinations in May and August 2006, respectively. These decisions were appealed to the CAFC. In February 2007, the CAFC affirmed the CIT’s affirmation of Commerce’s proposed revocation of the CVD order decision without a written opinion and upon expiration of time to file a certiorari petition to the U.S. Supreme Court, Commerce revoked the CVD order ab initio. On the antidumping side, the CAFC dismissed USEC’s and the Government’s appeal in September 2007. Once the 90 day certiorari petition filing deadline expires (or the Supreme Court refuses to grant a certiorari, if one is filed) AREVA would have its last victory in these proceedings and will receive hundreds of millions of dollars for duties inappropriately collected, with interest.

Current

Eurodif S.A. Compagnie Generale des Matieres Nucleaires (COGEMA) and COGEMA Inc. Eurodif S.A., Compagnie Generale des Matieres Nucleaires and COGEMA, INC. and Ad Hoc Utilities Group v. United States and USEC INC. and United States Enrichment Corporation Successfully represented Eurodif S.A., Compagnie Generale des Matieres Nucleaires (COGEMA) and COGEMA, Inc. in their appeal of orders by the U.S. Department of Commerce and the U.S. International Trade Commission to require payment of antidumping and countervailing duties on low enriched uranium from France. The Federal Circuit overturned a decision by the U.S. Court of International Trade, and held the duties inapplicable. more

Current

Unisor USINOR/Court of International Trade Weil Gotshal represented Unisor in the Court of International Trade. WGM persuaded Commerce to revise its methodology resulting in a subsidiary margin of zero.

Harvard University

J.D.

1965

Dickinson College

B.A.

1962

Publication

Trade Remedies: After the Order, then what? (January 31, 2008) Georgetown University Law Center Program "International Trade Update", January 31st-February 1st, 2008