[Federal Register Volume 62, Number 12 (Friday, January 17, 1997)]
[Notices]
[Pages 2654-2655]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-1256]
[[Page 2654]]
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DEPARTMENT OF COMMERCE
[A-580-812]
Dynamic Random Access Memory Semiconductors From the Republic of
Korea; Amended Final Results of Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of Amended Final Results of Antidumping Duty
Administrative Review.
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SUMMARY: On October 2, 1996, the Department of Commerce (the
Department) published the amended final results of its administrative
review of the antidumping duty order on dynamic random access memory
semiconductors (DRAMs) from the Republic of Korea (61 FR 20216).
Subsequent to the publication of the final results of review on May 6,
1996, the petitioner, Micron Technology, Inc. (Micron), and one
respondent in this review (LG Semicon Co., Ltd. (LGS)), filed suit with
the Court of International Trade (CIT) with respect to the Department's
methodology used in calculating LGS'' dumping margin. No suit was filed
by any parties to this proceeding with respect to the dumping
calculations pertaining to the other respondent in this review, Hyundai
Electronics Industries, Co., Ltd. (Hyundai). We published an amended
final results of review on October 2, 1996, correcting four ministerial
errors with respect to sales of subject merchandise by Hyundai. We have
corrected one clerical error introduced into the calculations for
Hyundai as a result of the amended final results of review. This error
was present in our amended final results of review. The review covers
the period October 29, 1992, through April 30, 1994. We are publishing
this amendment to the amended final results of review in accordance
with 19 CFR 353.28(c).
EFFECTIVE DATE: January 17, 1997.
FOR FURTHER INFORMATION CONTACT: Roy F. Unger, Jr. or Thomas F.
Futtner, Office of AD/CVD Enforcement, Group II, Import Administration,
U.S. Department of Commerce, 14th Street and Constitution Avenue, NW,
Washington, DC 20230, telephone at (202) 482-0651 or (202) 482-3814,
respectively.
SUPPLEMENTARY INFORMATION:
Background
The review covers two manufacturers/exporters of DRAMs from the
Republic of Korea (Korea): Hyundai and LGS, during the period of
October 29, 1992 through April 30, 1994. The Department published the
preliminary results of review on September 11, 1995 (60 FR 47149), the
final results of review on May 6, 1996 (61 FR 20216), and the amended
final results of review on October 2, 1996 (61 FR 51410).
Applicable Statute and Regulations
The Department has conducted this administrative review in
accordance with section 751 of the Tariff Action 1930, as amended (the
Tariff Act). Unless otherwise indicated, all citations to the statute
and to the Department's regulations refer to the provisions as they
existed on December 31, 1994.
Scope of Review
Imports covered by the review are shipments of DRAMs of one megabit
and above from the Republic of Korea (Korea). For purposes of this
review, DRAMs are all one megabit and above, whether assembled or
unassembled. Assembled DRAMs include all package types. Unassembled
DRAMs include processed wafers, uncut die and cut die. Processed wafers
produced in Korea, but packaged, or assembled into memory modules in a
third country, are included in the scope; wafers produced in a third
country and assembled or packaged in Korea are not included in the
scope of this review.
The scope of this review includes memory modules. A memory module
is a collection of DRAMs, the sole function of which is memory. Modules
include single in-line processing modules (SIPs), single in-line memory
modules (SIMMs), 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 which contain additional items which alter the function of the
module to something other than memory, such as video graphics adapter
(VGA) boards and cards, are not included in the scope.
The scope of this review also includes video random access memory
semiconductors (VRAMs), as well as any future packaging and assembling
of DRAMs.
The scope of this review also includes removable memory modules
placed on motherboards, with or without a central processing unit
(CPU), unless the importer of 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 review does not include DRAMs or memory modules that
are reimported for repair or replacement.
The DRAMs subject to this review are classifiable under subheadings
8542.11.0001, 8542.11.0024, 8542.11.0026, and 8542.11.0034 of the
Harmonized Tariff Schedule of the United States (HTSUS). Also included
in the scope are those removable Korean DRAMs contained on or within
products classifiable under subheadings 8471.91.0000 and 8473.30.4000
of the HTSUS. Although the HTSUS subheadings are provided for
convenience and customs purposes, the written description of the scope
of this review remains dispositive.
The period of review (POR) covers from October 29, 1992 through
April 30, 1994 for all respondents.
Ministerial Error in Amended Final Results of Review
After reviewing an allegation of a ministerial error submitted by
Hyundai, the Department determined that it should correct this the
following clerical error pertaining to Hyundai.
In the amended final results of review we made corrections to our
calculations of constructed value (CV). In so doing, we mistakenly
deducted U.S. packing expenses incurred in Korea from the United States
price in our margin calculations for U.S. sales compared to CV. We have
corrected the amended final results of review to deduct the correct
expense for U.S. repacking from United States price for Hyundai.
Amended Final Results of Review
Upon correction of the ministerial error listed above, the
Department has determined that the following margin exists for the
periods of October 29, 1992 through April 30, 1994:
Manufacturer/exporter: Percent
margin
October 29, 1992 through April 30, 1994: Hyundai
Electronics Industries................................... 0.10
The Customs Service shall assess antidumping duties on all
appropriate entries. Individual differences between USP and FMV may
vary from the percentages stated above. The Department will issue
appraisement instructions concerning each respondent directly to the
U.S. Customs Service.
Furthermore, the following deposit requirements will be effective
for all shipments of the subject merchandise, entered, or withdrawn
from warehouse, for consumption on or after the publication date of
these final results of administrative review, as provided for by
section 751(a)(1) of the Tariff Act: (1) The cash deposit rate for
Hyundai will be zero percent; (2) for previously
[[Page 2655]]
reviewed or investigated companies not listed above, the cash deposit
rate will continue to be the company-specific rate published for the
most recent period; (3) if the exporter is not a firm covered in this
review, a prior review, or in the original LTFV investigation, but the
manufacturer is, the cash deposit rate will be the rate established for
the most recent period for the manufacturer of the merchandise; and,
(4) if neither the exporter nor the manufacturer is a firm covered in
this or any previous review conducted by the Department, the cash
deposit rate will be 3.85%, the all others rate established in the LTFV
investigation. Samsung Electronics Co., Ltd. (Samsung), formerly a
respondent in this administrative review, was excluded from the
antidumping duty order on DRAMs from Korea on February 8, 1996. See
Final Court Decision and Partial Amended Final Determination: Dynamic
Random Access Memory Semiconductors of One Megabit and Above From the
Republic of Korea, 61 FR 4765 (February 8, 1996).
These deposit requirements shall remain in effect until publication
of the final results of the next administrative review.
This notice serves as the final reminder to importers of their
responsibility under 19 CFR 353.26 to file a certificate regarding the
reimbursement of antidumping duties prior to liquidation of the
relevant entries during this review period. Failure to comply with this
requirement could result in the Secretary's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
This notice also serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 353.34(d). Timely written notification or
conversion to judicial protective order is hereby requested. Failure to
comply with the regulations and the terms of the APO is a sanctionable
violation.
This administrative review and notice are in accordance with
section 751(a)(1) of the Tariff Act (19 U.S.C. 1675(a)(1)) and 19
CFR 353.22.
Dated: January 8, 1997.
Robert S. LaRussa,
Acting Assistant Secretary for Import Administration.
[FR Doc. 97-1256 Filed 1-16-97; 8:45 am]
BILLING CODE 3510-DS-P
