[Federal Register Volume 62, Number 101 (Tuesday, May 27, 1997)]
[Notices]
[Pages 28670-28671]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-13810]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-588-504]
Erasable Programmable Read Only Memories From Japan: Termination
of Suspended Antidumping Duty Investigation
AGENCY: International Trade Administration/Import Administration,
Department of Commerce.
ACTION: Notice of termination of suspended antidumping duty
investigation.
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SUMMARY: On December 19, 1996, the Department received a letter from
counsel to Intel Corporation, Advanced Micro Devices, Inc., and
National Semiconductor Corporation (``the petitioners''). The letter
notified the Department that the petitioners have no further interest
in the suspended investigation on Erasable Programmable Read Only
Memory (EPROM) Semiconductors from Japan and that they were, therefore,
withdrawing the petition. On January 8, 1997, the Department requested
parties to the proceeding to provide comments on the Department's
proposal to terminate the suspended antidumping duty investigation on
EPROMs from Japan. The Department is now terminating this suspended
investigation.
EFFECTIVE DATE: May 27, 1997.
FOR FURTHER INFORMATION CONTACT: Steven Presing or Eugenia Chu, Office
of Agreements Compliance, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street & Constitution
Avenue, N.W., Washington, D.C. 20230; telephone (202) 482-0194 and
(202) 482-3964, respectively.
SUPPLEMENTARY INFORMATION:
Background
On July 30, 1986, the antidumping investigation of Erasable
Programmable Read Only Memories (EPROMs) from Japan, was suspended
pursuant to an agreement by substantially all of the Japanese producers
to eliminate dumping. Erasable Programmable Read Only Memories (EPROMs)
from Japan: Suspension of Investigation, 51 Fed. Reg. 28253 (August 6,
1986); amended, 56 Fed. Reg. 37523 (August 7, 1991).
On December 19, 1996, the U.S. and Japanese semiconductor
industries signed a Statement Regarding Effective and Expeditious
Antidumping Measures (the Statement) and accompanying Memorandum of
Understanding (MOU) intended to expedite handling future dumping
investigations. The industries have agreed to independently collect
cost and price data and to submit this data to the appropriate
government agency within 14 days of the filing of a new antidumping
investigation in the United States or Japan. Both the Statement and the
MOU are conditioned upon revocation of the EPROM Suspension Agreement
and termination of the EPROM antidumping investigation.
On December 19, 1996, Intel Corporation, Advanced Micro Devices,
Inc., and National Semiconductor Corporation, the petitioners in the
suspended investigation, notified the Department in writing that they
had no further interest in the suspended investigation on EPROMs from
Japan and that they were, therefore, withdrawing the petition.
Petitioners served interested parties with copies of the no interest
letter.
On January 8, 1997, the Department notified interested parties in
writing of its intent to terminate the suspended investigation and
requested comments. We received comments from interested parties
concerning the proposed termination on February 6, 1997.
Scope of Investigation
The products covered by this investigation are erasable
programmable read only memories which are a type of memory integrated
circuit that is manufactured using variations of Metal Oxide-
Semiconductor (MOS) process technology, including both Complementary
(CMOS) and N-Channel (NMOS). The products include processed wafers,
dice and assembled EPROMs produced in Japan and imported into the
United States from Japan. Finished EPROMs are provided for in the
Tariff Schedules of the United States Annotated (TSUSA) under item
687.7445. Unassembled EPROMs, including unmounted chips, wafers, and
dice, are provided for under TSUSA item 687.7405. Additionally, certain
Flash memory devices based on EPROM semiconductor technology are later-
developed products within the scope of the suspension investigation and
suspension agreement on EPROMs from Japan. 57 Fed. Reg. 11599 (April 6,
1992).
Termination of Investigation
On December 19, 1996, the U.S. Semiconductor Industry Association
(SIA) and the Electronic Industries Association of Japan (EIAJ) signed
the Statement and the MOU agreeing, through 1999, voluntarily to
collect and maintain product specific cost, home market price, and U.S.
export price data on certain flash EPROM products exported from Japan
to the United States, and, if an antidumping investigation were
initiated on these products, to provide the collected data to the
Department within 14 days of receipt of a questionnaire. The joint
Statement, issued by the SIA and the EIAJ, establishes an expedited
collection and reporting system similar to that created under the 1991
EPROM Suspension Agreement, 56 Fed. Reg. 37523 (August 7, 1991).
[[Page 28671]]
On December 19, 1996, the petitioners in the suspended
investigation, notified the Department in writing that they have no
further interest in the suspended investigation on EPROMs from Japan
and that they were, therefore, withdrawing their petition. In the no
interest letter, which was served on interested parties, counsel for
the petitioners stated that the EPROM suspension agreement has served
to substantially alleviate the problem of dumping of EPROMs in the U.S.
market for the past ten years. Given the experience of the past ten
years, and noting that the Japanese EPROM producers as members of the
EIAJ, support the issued Statement, the petitioners believe the
termination of the 1991 EPROM suspension agreement is appropriate.
Based on petitioners' expression of no interest, the Department
notified interested parties in writing of its intent to terminate the
suspended investigation and requested comments. Comments were filed on
February 6, 1997 by Fujitsu Limited, Hitachi, Ltd., Matsushita
Electronics Corporation, Mitsubishi Electric Corporation, Sanyo
Electric Co., Ltd., Sharp Corporation, and Toshiba Corporation. All
commenters expressed their support for the proposed termination.
A review under section 751(b) of the Tariff Act of 1930, as
amended, is normally the mechanism for the termination of a suspended
investigation. However, the events surrounding the Statement and MOU
and petitioners' request to terminate the suspended investigation, as
described above, are consistent with the substantive and procedural
requirements of the statute and regulations. Therefore, the unique
circumstances of this case render any further proceeding unnecessary.
Thus, based on the affirmative statement by substantially all of the
domestic producers that they have no further interest in the suspended
investigation, which was supported in the comments filed by interested
parties, the Department is terminating the suspended investigation.
Dated: May 7, 1997.
Robert S. LaRussa,
Acting Assistant Secretary for Import Administration.
[FR Doc. 97-13810 Filed 5-23-97; 8:45 am]
BILLING CODE 3510-DS-P
