[Federal Register: August 11, 2003 (Volume 68, Number 154)]
[Notices]
[Page 47546-47547]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11au03-49]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-580-851]
Notice of Countervailing Duty Order: Dynamic Random Access Memory
Semiconductors from the Republic of Korea
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: August 11, 2003.
FOR FURTHER INFORMATION CONTACT: Ryan Langan, Jesse Cortes, or Daniel
J. Alexy, Office of Antidumping/Countervailing Duty Enforcement, Group
1, Import Administration, U.S. Department of Commerce, Room 3099, 14th
Street and Constitution Avenue, NW., Washington, D.C. 20230; telephone
(202) 482-2613, (202) 482-3986, and (202) 482-1540, respectively.
Scope of Order
The products covered by this order are dynamic random access memory
semiconductors (``DRAMS'') from the Republic of Korea (``ROK''),
whether assembled or unassembled. Assembled DRAMS include all package
types. Unassembled DRAMS include processed wafers, uncut die, and cut
die. Processed wafers fabricated in the ROK, but assembled into
finished semiconductors outside the ROK are also included in the scope.
Processed wafers fabricated outside the ROK and assembled into finished
semiconductors in the ROK are not included in the scope.
The scope of this order additionally includes memory modules
containing DRAMS from the ROK. A memory module is a collection of
DRAMS, the sole function of which is memory. Memory modules include
single in-line processing modules, single in-line memory modules, dual
in-line memory modules, small outline dual in-line memory modules,
Rambus in-line memory modules, and memory cards or other collections of
DRAMS, whether unmounted or mounted on a circuit board. Modules that
contain other parts that are needed to support the function of memory
are covered. Only those modules that contain additional items which
alter the function of the module to something other than memory, such
as video graphics adapter boards and cards, are not included in the
scope. This order also covers future DRAMS module types.
The scope of this order additionally includes, but is not limited
to, video random access memory and synchronous graphics random access
memory, as well as various types of DRAMS, including fast page-mode,
extended data-out, burst extended data-out, synchronous dynamic RAM,
Rambus DRAM, and Double Data Rate DRAM. The scope also includes any
future density, packaging, or assembling of DRAMS. Also included in the
scope of this order are removable memory modules placed on
motherboards, with or without a central processing unit, unless the
importer of the motherboards certifies with the U.S. Bureau of Customs
and Border Protection (``Customs'') that neither it, nor a party
related to it or under contract to it, will remove the modules from the
motherboards after importation. The scope of this order does not
include DRAMS or memory modules that are re-imported for repair or
replacement.
The DRAMS subject to this order are currently classifiable under
subheadings 8542.21.8005 and 8542.21.8021 through 8542.21.8029 of the
Harmonized Tariff Schedule of the United States (``HTSUS''). The memory
modules containing DRAMS from the ROK, described above, are currently
classifiable under subheadings 8473.30.10.40 or 8473.30.10.80 of the
HTSUS. Removable memory modules placed on motherboards are classifiable
under subheading 8471.50.0085. Although the HTSUS subheadings are
provided for convenience and customs purposes, the Department's written
description of the scope of this order remains dispositive.
Countervailing Duty Order
On July 28, 2003, the Department published in the Federal Register
(68 FR 44290), its ``Notice of Amended Final Affirmative Countervailing
Duty Determination: Dynamic Random Access Memory Semiconductors from
the Republic of Korea'' in which the final countervailing duty rate for
Hynix Semiconductor, Inc. and the ``all others'' rate were revised. The
revised rates are listed below. The finding that Samsung Electronics
Co., Ltd. (``SEC'') received de minimis subsidies did not change.
On August 4, 2003, in accordance with section 705(d) of the Tariff
Act of 1930, as amended by the Uruguay Round Agreements Act effective
January 1, 1995 (``the Act''), the U.S. International Trade Commission
(``ITC'') notified the Department that a U.S. industry is ``materially
injured,'' within the meaning of section 705(b)(1)(A) of the Act, by
reason of imports of DRAMS from the Republic of Korea.
Therefore, in accordance with section 706(a)(3) of the Act, the
Department will direct Customs to assess countervailing duties for all
relevant entries of DRAMS from the ROK. For all producers and exporters
of DRAMS from the ROK, except for SEC, which is excluded from this
countervailing duty order, countervailing duties will be assessed on
all unliquidated entries of the subject merchandise that are entered,
or withdrawn from warehouse, for consumption on or after April 7, 2003,
the date on which the Department published its notice of affirmative
preliminary determination in the Federal Register.
On or after the date of publication of this notice in the Federal
Register, Customs officers must require, at the same time as importers
would normally deposit estimated duties, a cash deposit equal to the
net subsidy rate, as noted below. The ``All Others'' rate applies to
all ROK exporters of subject merchandise not specifically listed,
except for SEC, which is excluded from this countervailing duty order.
The cash deposit rates are as follows:
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Producer/Exporter Net Subsidy Rate
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Hynix Semiconductor Inc. (formerly, 44.29 percent
Hyundai Electronics Industries Co., Ltd.)
All Others44.29 percent...................
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[[Page 47547]]
This notice constitutes the countervailing duty order with respect
to DRAMS from the ROK, pursuant to section 706(a) of the Act.
Interested parties may contact the Central Records Unit, Room B-099 of
the main Commerce Building, for copies of an updated list of
countervailing duty orders currently in effect.
These countervailing duty orders are published in accordance with
sections 706(a) and 777(i) of the Act and 19 CFR 351.211.
Dated: August 5, 2003.
Joseph A. Spetrini,
Acting Assistant Secretary for Grant Aldonas, Under Secretary.
[FR Doc. 03-20421 Filed 8-8-03; 8:45 am]