Business Law Today 10th Edition by Roger LeRoy Miller

تمرين 5

Dumping.
The fuel for nuclear power plants is low enriched uranium (LEU). LEU consists of feed uranium enriched by energy to a certain assay-its percentage of the isotope necessary for a nuclear reaction. The amount of energy is described by an industry standard as a "separative work unit" (SWU). A nuclear utility may buy LEU from an enricher, or the utility may provide an enricher with feed uranium and pay for the SWUs necessary to produce LEU. Under an SWU contract, the LEU returned to the utility may not be exactly the particular uranium the utility provided. This is because feed uranium is fungible and trades like a commodity (such as wheat or corn), and profitable enrichment requires the constant processing of undifferentiated stock. LEU imported from foreign enrichers, including Eurodif, S.A., was purportedly being sold in the United States for "less than fair value." Does this constitute dumping? Explain. If so, what could be done to prevent it? [United States v. Eurodif, S.A., 555 U.S. 305, 129 S.Ct. 878, 172 L.Ed.2d 679 (2009)]