Business Law 12th Edition by Roger LeRoy Miller ,Frank Cross

Exercise 5

Dumping Nuclear powder plants use low enriched uranium (LEU) as fuel. LEU consists of feed uranium enriched by energy to a certain assay-the 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 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. Foreign enrichers, including Eurodif, S.A., allegedly exported LEU to the United States and sold it for "less than fair value." Did this constitute dumping? Explain. If so, what could be done to prevent it? [ United States v. Eurodif, S.A. , __ U.S. __, 129 S.Ct. 878, 172 L.Ed.2d 679 (2009)]