[Federal Register: April 16, 2003 (Volume 68, Number 73)]
[Page 18671-18672]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]



[Investigation No. 701-TA-431 (Final)]

Drams and Dram Modules From Korea

AGENCY: United States International Trade Commission.

ACTION: Scheduling of the final phase of a countervailing duty 


SUMMARY: The Commission hereby gives notice of the scheduling of the 
final phase of countervailing duty investigation No. 701-TA-432 (Final) 
under section 705(b) of the Tariff Act of 1930 (19 U.S.C. 1671d(b)) 
(the Act) to determine whether an industry in the United States is 
materially injured or threatened with material injury, or the 
establishment of an industry in the United States is materially 
retarded, by reason of subsidized imports from Korea of DRAMs and DRAM 
modules, provided for in subheadings 8473.30.10 and 8542.21.80 of the 
Harmonized Tariff Schedule of the United States.\1\

    \1\ For purposes of this investigation, the Department of 
Commerce has defined the subject merchandise as DRAMs from Korea, 
whether assembled or unassembled. Assembled DRAMs include all 
package types. Unassembled DRAMs include processed wafers, uncut 
die, and cut die. Processed wafers fabricated in Korea, but 
assembled into finished semiconductors outside Korea are also 
included in the scope. Processed wafers fabricated outside Korea and 
assembled into finished semiconductors in Korea are not included in 
the scope.
    The scope of this investigation additionally includes memory 
modules containing DRAMs from Korea. 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 investigation also 
covers future DRAM module types.
    The scope of this investigation additionally includes, but is 
not limited to, video random access memory and synchronous graphics 
RAM, 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 investigation are removable memory modules placed 
on motherboards, with or without a central processing unit, unless 
the importer of the motherboards certifies with the Customs Service 
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 investigation does not include DRAMs or memory modules 
that are re-imported for repair or replacement.

    For further information concerning the conduct of this phase of the 
investigation, hearing procedures, and rules of general application, 
consult the Commission's Rules of Practice and Procedure, part 201, 
subparts A through E (19 CFR part 201), and part 207, subparts A and C 
(19 CFR part 207).

EFFECTIVE DATE: April 7, 2003.

FOR FURTHER INFORMATION CONTACT: Mary Messer (202-205-3193), Office of 
Investigations, U.S. International Trade

[[Page 18672]]

Commission, 500 E Street SW., Washington, DC 20436. Hearing-impaired 
persons can obtain information on this matter by contacting the 
Commission's TDD terminal on 202-205-1810. Persons with mobility 
impairments who will need special assistance in gaining access to the 
Commission should contact the Office of the Secretary at 202-205-2000. 
General information concerning the Commission may also be obtained by 
accessing its Internet server (http://www.usitc.gov). The public record 
for this investigation may be viewed on the Commission's electronic 
docket (EDIS) at http://edis.usitc.gov.

SUPPLEMENTARY INFORMATION: Background. The final phase of this 
investigation is being scheduled as a result of an affirmative 
preliminary determination by the Department of Commerce that certain 
benefits which constitute subsidies within the meaning of section 703 
of the Act (19 U.S.C. 1671b) are being provided to manufacturers, 
producers, or exporters in Korea of DRAMs and DRAM modules. The 
investigation was requested in a petition filed on November 1, 2002, by 
Micron Technology, Inc., Boise, ID.
    Participation in the investigation and public service list. 
Persons, including industrial users of the subject merchandise and, if 
the merchandise is sold at the retail level, representative consumer 
organizations, wishing to participate in the final phase of this 
investigation as parties must file an entry of appearance with the 
Secretary to the Commission, as provided in Sec.  201.11 of the 
Commission's rules, no later than 21 days prior to the hearing date 
specified in this notice. A party that filed a notice of appearance 
during the preliminary phase of the investigation need not file an 
additional notice of appearance during this final phase. The Secretary 
will maintain a public service list containing the names and addresses 
of all persons, or their representatives, who are parties to the 
    Limited disclosure of business proprietary information (BPI) under 
an administrative protective order (APO) and BPI service list. Pursuant 
to 207.7(a) of the Commission's rules, the Secretary will make BPI 
gathered in the final phase of this investigation available to 
authorized applicants under the APO issued in the investigation, 
provided that the application is made no later than 21 days prior to 
the hearing date specified in this notice. Authorized applicants must 
represent interested parties, as defined by 19 U.S.C. 1677(9), who are 
parties to the investigation. A party granted access to BPI in the 
preliminary phase of the investigation need not reapply for such 
access. A separate service list will be maintained by the Secretary for 
those parties authorized to receive BPI under the APO.
    Staff report. The prehearing staff report in the final phase of 
this investigation will be placed in the nonpublic record on June 10, 
2003, and a public version will be issued thereafter, pursuant to 
section 207.22 of the Commission's rules.
    Hearing. The Commission will hold a hearing in connection with the 
final phase of this investigation beginning at 9:30 a.m. on June 24, 
2003, at the U.S. International Trade Commission Building. Requests to 
appear at the hearing should be filed in writing with the Secretary to 
the Commission on or before June 17, 2003. A nonparty who has testimony 
that may aid the Commission's deliberations may request permission to 
present a short statement at the hearing. All parties and nonparties 
desiring to appear at the hearing and make oral presentations should 
attend a prehearing conference to be held at 9:30 a.m. on June 19, 
2003, at the U.S. International Trade Commission Building. Oral 
testimony and written materials to be submitted at the public hearing 
are governed by Sec. Sec.  201.6(b)(2), 201.13(f), and 207.24 of the 
Commission's rules. Parties must submit any request to present a 
portion of their hearing testimony in camera no later than 7 days prior 
to the date of the hearing.
    Written submissions. Each party who is an interested party shall 
submit a prehearing brief to the Commission. Prehearing briefs must 
conform with the provisions of Sec.  207.23 of the Commission's rules; 
the deadline for filing is June 17, 2003. Parties may also file written 
testimony in connection with their presentation at the hearing, as 
provided in Sec.  207.24 of the Commission's rules, and posthearing 
briefs, which must conform with the provisions of Sec.  207.25 of the 
Commission's rules. The deadline for filing posthearing briefs is July 
1, 2003; witness testimony must be filed no later than three days 
before the hearing. In addition, any person who has not entered an 
appearance as a party to the investigation may submit a written 
statement of information pertinent to the subject of the investigation 
on or before July 1, 2003. On July 16, 2003, the Commission will make 
available to parties all information on which they have not had an 
opportunity to comment. Parties may submit final comments on this 
information on or before July 18, 2003, but such final comments must 
not contain new factual information and must otherwise comply with 
Sec.  207.30 of the Commission's rules. All written submissions must 
conform with the provisions of Sec.  201.8 of the Commission's rules; 
any submissions that contain BPI must also conform with the 
requirements of Sec. Sec.  201.6, 207.3, and 207.7 of the Commission's 
rules. The Commission's rules do not authorize filing of submissions 
with the Secretary by facsimile or electronic means, except to the 
extent permitted by Sec.  201.8 of the Commission's rules, as amended, 
67 FR 68036 (November 8, 2002).
    In accordance with Sec. Sec.  201.16(c) and 207.3 of the 
Commission's rules, each document filed by a party to the investigation 
must be served on all other parties to the investigation (as identified 
by either the public or BPI service list), and a certificate of service 
must be timely filed. The Secretary will not accept a document for 
filing without a certificate of service.

    Authority: This investigation is being conducted under authority 
of title VII of the Tariff Act of 1930; this notice is published 
pursuant to Sec.  207.21 of the Commission's rules.

    By order of the Commission.

    Issued: April 11, 2003.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 03-9333 Filed 4-15-03; 8:45 am]