[Federal Register Volume 61, Number 27 (Thursday, February 8, 1996)]
[Notices]
[Pages 4765-4766]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-2693]
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DEPARTMENT OF COMMERCE
[A-580-812]
Final Court Decision and Partial Amended Final Determination:
Dynamic Random Access Memory Semiconductors of One Megabit and Above
From the Republic of Korea
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: February 8, 1996.
FOR FURTHER INFORMATION CONTACT: John Beck, Office of Antidumping
Investigations, Import Administration, U.S. Department of Commerce,
14th Street and Constitution Avenue NW., Washington, DC 20230,
telephone: (202) 482-3464.
SUMMARY: On October 27, 1995, in the case of Micron Technologies, Inc.
v. United States, Cons. Ct. No. 93-06-00318, Slip Op. 95-175 (Micron),
the United States Court of International Trade (the Court) affirmed the
Department of Commerce's (the Department's) results of redetermination
on remand of the Final Determination of Sales at Less Than Fair Value:
Dynamic Random Access Memory Semiconductors of One Megabit and Above
from the Republic of Korea. However, Micron Technologies (the
petitioner in that case) has appealed certain aspects of that
redetermination on remand to the United States Court of Appeals for the
Federal Circuit (Federal Circuit). These appeals have affected two of
the three respondents, Hyundai Electronics Industries Co., Ltd. and
Hyundai Electronics America (collectively Hyundai), and LG Semicon Co.,
Ltd. and LG Semicon America, Inc. (collectively Semicon and formally
Goldstar). The results of the redetermination on remand for Samsung
Electronics Co., Ltd. and Samsung Semiconductor, Inc. (collectively
Samsung) were not challenged by any party. Therefore, there is now a
final and conclusive court decision in this action for Samsung. Thus,
we are amending our final determination in this matter and will
instruct the U.S. Customs Service to discontinue suspending liquidation
of merchandise manufactured and exported by Samsung. If necessary, an
amendment to the final determination will be made for the other two
respondents once there is
[[Page 4766]]
a final decision on the petitioner's appeals by the Federal Circuit.
SUPPLEMENTARY INFORMATION:
Background
On March 23, 1993, the Department published its Final Determination
of Sales at Less Than Fair Value: Dynamic Random Access Memory
Semiconductors of One Megabit and Above from the Republic of Korea (57
FR 15467). On May 10, 1993, the Department published its Antidumping
Order and Amended Final Determination: Dynamic Random Access Memory
Semiconductors of One Megabit and Above from the Republic of Korea (58
FR 27520).
Subsequent to the Department's final determination, the petitioner
and the three respondents filed lawsuits with the Court challenging
this determination. Thereafter, the Court issued an Order and Opinion
dated June 12, 1995, in Micron Technologies, Inc. v. United States,
Cons. Ct. No. 93-06-00318, Slip Op. 95-107, remanding six issues to the
Department. The Court instructed the Department to: (1) Recalculate
respondents' cost of production by allocating research and development
(R&D) costs on a product-specific basis; (2) use amortized rather than
current R&D expenses in its calculations; (3) reopen the record in
order to afford Hyundai and Samsung an opportunity to present complete
and actual fixed asset data and use this data to allocate interest
expenses; (4) recalculate Hyundai's lag period; (5) recalculate
Semicon's production costs without reclassifying Semicon's capitalized
costs of facility construction and testing as costs of production; and
(6) reexamine its conclusion that foreign currency translation losses
of Samsung and Semicon are related to production of subject
merchandise.
The Department filed its remand results on August 24, 1995. In the
remand results, the Department: (1) Recalculated respondents' cost of
production by allocating R&D on a product-specific basis; (2) used
amortized rather than current R&D expenses in its calculations; (3)
reopened the record to afford Hyundai and Samsung an opportunity to
introduce actual data regarding semiconductor fixed assets, and used
such data in its allocation of interest expense; (4) recalculated
Hyundai's lag periods utilizing the same methodology that it employed
for Samsung and Semicon; (5) determined a new lag period for Hyundai's
model HY514400 which accurately matches costs to the sales in question;
(6) calculated Semicon's production costs for certain DRAMs without
reclassifying as costs of production Semicon's capitalized costs of
facility construction and testing; and (7) identified what evidence on
the record supports the conclusion that the translation losses of
Samsung and Semicon are related to production of the subject
merchandise and, having determined that there is sufficient evidence on
the record to support such a conclusion, included translation losses in
the calculation of COP for Samsung and Semicon.
On October 27, 1995, the Court sustained the Department's remand
results. See Micron Technologies, Inc. v. United States, Cons. Ct. No.
93-06-00318, Slip Op. 95-175 (CIT October 27, 1995).
On December 6, 1995, the Department published a notice of court
decision pursuant to 19 U.S.C. 1516a(e). Court Decision and Suspension
of Liquidation: Dynamic Random Access Memory Semiconductors of One
Megabit and Above from the Republic of Korea (60 FR 62385). In that
notice, we stated that we would suspend liquidation until there was a
``conclusive'' decision in the action. Since publication of that
notice, the petitioner has appealed certain aspects of that
redetermination on remand to the Federal Circuit. These appeals have
affected two of the three respondents, Hyundai and Semicon. The results
of the redetermination on remand for Samsung were not challenged by any
party. Therefore, there is now a final and conclusive court decision in
this action for Samsung. Thus, we are amending our final determination
in this matter and will instruct the U.S. Customs Service to
discontinue suspending liquidation of merchandise manufactured and
exported by Samsung. If necessary, an amendment to the final
determination will be made for the other two respondents once there is
a final decision on the petitioner's appeals by the Federal Circuit.
Partial Amendment to Final Determination
Pursuant to 19 U.S.C. 1516a(e), we are now amending the final
determination in dynamic random access memory semiconductors of one
megabit and above from Korea for Samsung only.
The recalculated margin is as follows:
------------------------------------------------------------------------
Weighted-average margin
Manufacturer/Producer/Exporter percentage
------------------------------------------------------------------------
Samsung Electronics Co., Ltd........... 0.22 (de minimis).
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Partial Discontinuation of Suspension of Liquidation
Since the amended margin for Samsung is now de minimis, we are
directing the Customs Service to discontinue suspending liquidation of
all entries of Dynamic Random Access Memory Semiconductors of One
Megabit and Above from the Republic of Korea manufactured and exported
by Samsung that are entered, or withdrawn from warehouse, for
consumption on or after October 29, 1992, the date of publication of
the original preliminary determination in the Federal Register.
Furthermore, we are directing the Customs Service to refund all cash
deposits or postings of a bond which have been collected on the subject
merchandise manufactured and exported by Samsung. Suspension of
liquidation will remain in effect for Hyundai and Semicon.
Dated: January 31, 1996.
Susan G. Esserman,
Assistant Secretary for Import Administration.
[FR Doc. 96-2693 Filed 2-7-96; 8:45 am]
BILLING CODE 3510-DS-P
