[Federal Register Volume 63, Number 73 (Thursday, April 16, 1998)]
[Notices]
[Pages 18883-18884]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-10235]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-583-827]
Notice of Amended Final Determination and Antidumping Duty Order
of Sales at Less Than Fair Value: Static Random Access Memory
Semiconductors From Taiwan
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: April 16, 1998.
FOR FURTHER INFORMATION CONTACT: Shawn Thompson or David Genovese,
Import Administration, International Trade Administration, U.S.
Department of Commerce, 14th Street and Constitution Avenue, NW,
Washington, DC. 20230; telephone: (202) 482-1776 or (202) 482-0498,
respectively.
The Applicable Statute
Unless otherwise indicated, all citations to the Tariff Act of
1930, as amended (the Act), are references to the provisions effective
January 1, 1995, the effective date of the amendments made to the Act
by the Uruguay Round Agreements Act (URAA). In addition, unless
otherwise indicated, all citations to the Department of Commerce's (the
Department's) regulations are to the regulations codified at 19 CFR
part 353 (April 1, 1996).
Amended Final Determination
In accordance with section 735(a) of the Act, on February 23, 1998,
the Department made its final
[[Page 18884]]
determination that static random access memory semiconductors (SRAMs)
from Taiwan, are being, or are likely to be, sold in the United States
at less than fair value (63 FR 8909). Subsequent to the final
determination, on February 25, 1998, March 3, 1998, and March 6, 1998,
we received allegations, timely filed pursuant to 19 CFR 353.28(b),
from Winbond Electronics Corporation (Winbond), Integrated Silicon
Solutions, Inc. (ISSI), and Alliance Semiconductor Corporation
(Alliance), respectively, that the Department made ministerial errors
in its final determination. We did not receive comments from United
Microelectronics Corporation (UMC). In addition, on March 5, 1998, the
petitioner alleged that the Department made ministerial errors in the
final determination with respect to the calculations performed for
Alliance and ISSI. We received comments from Alliance responding to the
petitioner's allegations on March 12, 1998. We received comments from
the petitioner responding to Alliance's allegations on March 13, 1998.
We have determined, in accordance with 19 CFR 353.28(d), that
ministerial errors were made in our final margin calculations.
Specifically, the Department made ministerial errors in its final
determination with respect to the following issues: (1) The calculation
of the indirect selling expense factor used to compute Alliance's
constructed value; (2) the calculation of the constructed export price/
commission offset for Alliance; (3) the use of facts available for
sales with cost data reported for a subsequent quarter by Alliance; (4)
the calculation of U.S. movement expenses incurred by Alliance; (5) the
calculation of ISSI's revised general and administrative expenses; and
(6) the calculation of U.S. inventory carrying costs incurred by
Winbond. In addition, we revised the cost test in the respondents'
final margin programs so that the cost calculations are consistent with
the description of the cost test in the Federal Register notice. For a
detailed discussion of the above-cited ministerial errors and the
Department's analysis, see Memorandum to Louis Apple from the Team,
dated March 19, 1998. In accordance with 19 CFR 353.28(c), we are
amending the final determination of the antidumping duty investigation
of SRAMs from Taiwan to correct these ministerial errors. The revised
final weighted-average dumping margins are as follows:
------------------------------------------------------------------------
Original Revised
Company margin margin
------------------------------------------------------------------------
Alliance.......................................... 50.58 50.15
ISSI.............................................. 7.59 7.56
UMC............................................... 93.87 93.71
Winbond........................................... 102.88 101.53
All Others........................................ 41.98 41.75
------------------------------------------------------------------------
Scope of Order
The products covered by this order are synchronous, asynchronous,
and specialty SRAMs from Taiwan, whether assembled or unassembled.
Assembled SRAMs include all package types. Unassembled SRAMs include
processed wafers or die, uncut die and cut die. Processed wafers
produced in Taiwan, but packaged, or assembled into memory modules, in
a third country, are included in the scope; processed wafers produced
in a third country and assembled or packaged in Taiwan are not included
in the scope.
The scope of this order includes modules containing SRAMs. Such
modules include single in-line processing modules (SIPs), single in-
line memory modules (SIMMs), dual in-line memory modules (DIMMs),
memory cards, or other collections of SRAMs, whether unmounted or
mounted on a circuit board.
The scope of this order does not include SRAMs that are physically
integrated with other components of a motherboard in such a manner as
to constitute one inseparable amalgam (i.e., SRAMs soldered onto
motherboards).
The SRAMs within the scope of this order are currently classifiable
under the subheadings 8542.13.8037 through 8542.13.8049, 8473.30.10
through 8473.30.90, and 8542.13.8005 of the Harmonized Tariff Schedule
of the United States (HTSUS). Although the HTSUS subheadings are
provided for convenience and customs purposes, the written description
of the scope of this order is dispositive.
Antidumping Duty Order
On April 9, 1998, the International Trade Commission (ITC) notified
the Department of its final determination, pursuant to section
735(b)(1)(A)(i) of the Act, that an industry in the United States is
materially injured by reason of imports of the subject merchandise from
Taiwan.
In accordance with section 736(a)(1) of the Act, the Department
will direct Customs officers to assess, upon further advice by the
administering authority, antidumping duties equal to the amount by
which the normal value of the merchandise exceeds the export price or
constructed export price of the merchandise for all entries of SRAMs
from Taiwan. These antidumping duties will be assessed on all
unliquidated entries of SRAMs from Taiwan entered, or withdrawn from
warehouse, for consumption on or after October 1, 1997, the date on
which the Department published its preliminary determination in the
Federal Register (62 FR 51442). 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 on
this merchandise, a cash deposit equal to the estimated weighted-
average antidumping duty margins as noted below. The ``All Others''
rate applies to all exporters of SRAMs not specifically listed below.
The ad valorem weighted-average dumping margins are as follows :
------------------------------------------------------------------------
Revised
weighted-
Manufacturer/producer/exporter average
margin
percentage
------------------------------------------------------------------------
Alliance Semiconductor Corporation......................... 50.15
Integrated Silicon Solutions (Taiwan), Inc................. 7.56
United Microelectronics Corporation........................ 93.71
Winbond Electronics Corporation............................ 101.53
All Others................................................. 41.75
------------------------------------------------------------------------
This notice constitutes the antidumping duty order with respect to
SRAMs from Taiwan, pursuant to section 736(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 antidumping duty
orders currently in effect.
This order is published pursuant to section 736(a) of the Act and
19 CFR 353.21.
Dated: April 13, 1998.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. 98-10235 Filed 4-15-98; 8:45 am]
BILLING CODE 3510-DS-P
