[Federal Register Volume 64, Number 116 (Thursday, June 17, 1999)]
[Notices]
[Pages 32480-32481]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-15444]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-583-832]
Notice of Amended Preliminary Determination of Sales at Less Than
Fair Value: Dynamic Random Access Memory Semiconductors of One Megabit
and Above From Taiwan
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
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SUMMARY: On May 28, 1999, the Department of Commerce (``the
Department'') published in the Federal Register the preliminary
determination of its antidumping duty investigation of dynamic random
access memory semiconductors of one megabit and above (``DRAMs'') from
Taiwan. This investigation covers four respondents: Etron Technology,
Inc. (``Etron''), Nan Ya Technology Corporation (``Nanya''), Vanguard
International Semiconductor Corp. (``Vanguard''), and Mosel-Vitelic,
Inc (``MVI'').
On June 1, 1999, Vanguard submitted an allegation of ministerial
errors with respect to the preliminary determination. Because these are
ministerial errors which rise to the level of a ``significant error''
pursuant to 19 CFR 351.224(e) and (g), we are amending our preliminary
determination.
EFFECTIVE DATE: June 17, 1999.
FOR FURTHER INFORMATION CONTACT: Thomas Futtner at (202) 482-3814 or
Ronald Trentham at (202) 482-6320, Group II, Office 4, Import
Administration, International Trade Administration, U.S. Department of
Commerce, 14th Street and Constitution Avenue, NW, Washington, DC
20230.
The Applicable Statute
Unless otherwise indicated, all citations to the Tariff Act of
1930, as amended (``the Act''), are references to the provisions as of
January 1, 1995, the effective date of the Uruguay Round Agreements Act
(``URAA''). In addition, unless otherwise indicated, all citations to
the Department's regulations are to the regulations at 19 CFR part 351
(April 1998).
Significant Ministerial Error
We are amending the preliminary determination of sales at less than
fair value for DRAMs from Taiwan to reflect the correction of a
significant ministerial error made in the margin calculation regarding
Vanguard in that determination, pursuant to 19 CFR 351.224(g)(1) and
(g)(2). A significant ministerial error is defined as a correction
which, singly or in combination with other errors, would result in (1)
a change of at least 5 absolute percentage points in, but not less than
25 percent of, the weighted-average dumping margin calculated in the
original (erroneous) preliminary determination; or (2) a difference
between a weighted-average dumping margin of zero or de minimis and a
weighted-average dumping margin of greater than de minimis or vice
versa. We are publishing this amendment to the preliminary
determination pursuant to 19 CFR 351.224(e).
Scope of Investigation
The products covered by this investigation are DRAMs of one megabit
or above from Taiwan, whether assembled or unassembled. Assembled DRAMs
include all package types. Unassembled DRAMs include processed wafers,
uncut die and cut die. Processed wafers fabricated in Taiwan, but
packaged or assembled into finished semiconductors in a third country,
are included in the scope. Wafers fabricated in a third country and
assembled or packaged in Taiwan are not included in the scope.
The scope of this investigation 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''), dual in-line memory modules
(``DIMMs''), memory cards or other collections of DRAMs whether mounted
or unmounted 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 that 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. Modules
containing DRAMs made from wafers fabricated in Taiwan, but either
assembled or packaged into finished semiconductors in a third country,
are also included in the scope.
The scope includes, but is not limited to, video RAM (``VRAM''),
Windows RAM (``WRAM''), synchronous graphics RAM (``SGRAM''), as well
as various types of DRAMs, including fast page-mode (``FPM''), extended
data-out (``EDO''), burst extended data-out (``BEDO''), synchronous
dynamic RAM (``SDRAMs''), and ``Rambus'' DRAMs (``RDRAMs''). The scope
of this investigation also includes any future density, packaging or
assembling of DRAMs. The scope of this investigation does not include
DRAMs or memory modules that are reimported for repair or replacement.
The DRAMs subject to this investigation are currently classifiable
under subheadings 8542.13.80.05 and 8542.13.80.24 through 8542.13.80.34
of the Harmonized Tariff Schedule of the United States (``HTSUS'').
Also included in the scope are Taiwanese DRAMs modules, described
above, entered into the United States under subheading 8473.30.10
through 8473.30.90 of the HTSUS or possibly other HTSUS numbers.
Although the HTSUS subheadings are provided for convenience and customs
purposes, the written description of the scope of this investigation is
dispositive.
Ministerial Error Allegations
On June 1, 1999, Vanguard submitted a timely allegation that the
Department made ministerial errors which resulted in a miscalculation
of the weighted-average constructed export prices (``CEPs'') for
Vanguard sales and a mistake in the total number of megabits that
should be used in establishing the per-megabit cash deposit rate for
Vanguard's DRAMs contained in mixed memory modules. See Memorandum on
Application of a Per Megabit Cash Deposit Rate on Memory Modules, dated
May 21, 1999.
We agree with Vanguard that the Department inadvertently
miscalculated the weighted-average CEPs for Vanguard and miscalculated
the total number of megabits that should be used in establishing the
per-megabit cash deposit for Vanguard. See Clerical Error Memorandum,
dated June 10, 1999. Because the effect of these ministerial errors on
Vanguard's margins is significant, as defined in 19 CFR 351.224(g)(1),
we are amending our
[[Page 32481]]
preliminary determination for this company. For a detailed analysis of
this issue, see Clerical Error Memorandum, dated June 10, 1999. Because
Vanguard's ad valorem and per megabit margins were used to compute the
ad valorem and per megabit ``all others'' rates, we are also amending
these duty deposit rates as well.
Amended Preliminary Determination
As a result of our correction of ministerial errors, we have
determined that the following amended weighted-average dumping margins
and weighted-average per megabit rates apply.
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Weighted- Weighted-
Exporter/manufacturer average margin average per
(percent) megabit rate
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Etron Technology, Inc................... 4.96 $0.03
Mosel-Vitelic, Inc...................... 30.89 0.11
Nan Ya Technology Corporation........... 9.03 0.01
Vanguard International Semiconductor 9.56 0.01
Corp...................................
All Others.............................. 16.41 0.03
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International Trade Commission (ITC)
In accordance with section 733(f) of the Act, we have notified the
ITC of our amended preliminary determination. If our final
determination is affirmative, the ITC will determine before the later
of 120 days after the date of the preliminary determination or 45 days
after our final determination whether these imports are materially
injuring, or threaten material injury to, the U.S. industry.
Public Comment
As stated in the Department's preliminary determination in this
investigation (64 FR 28983), case briefs in at least ten copies must be
filed no later than July 19, 1999, and rebuttal briefs no later than
July 26, 1999. A list of authorities used and an executive summary of
issues must accompany any briefs submitted to the Department. Such
summary should be limited to five pages total, including footnotes. In
accordance with section 774 of the Act, we will hold a public hearing,
if requested, to afford interested parties an opportunity to comment on
arguments raised in case or rebuttal briefs. Tentatively, the hearing
will be held on July 27, 1999, with the time and room to be determined,
at the U.S. Department of Commerce, 14th Street and Constitution
Avenue, NW, Washington, DC 20230. Parties should confirm by telephone
the time and place of the hearing 48 hours before the scheduled date.
Interested parties who wish to request a hearing, or to participate if
one is requested, must submit a written request to the Assistant
Secretary for Import Administration, U.S. Department of Commerce, Room
1870, within thirty days of the publication of the preliminary
determination. Requests should contain: (1) The party's name, address
and telephone number; (2) the number of participants; and (3) a list of
the issues to be discussed. Oral presentations will be limited to
issues raised in the briefs. We intend to issue our final determination
no later than October 10, 1999.
This amended preliminary determination is issued and published in
accordance with section 703(d)(2) of the Act and 19 CFR 351.224.
Dated: June 11, 1999.
Robert S. LaRussa,
Assistant Secretary for Import Administration.
[FR Doc. 99-15444 Filed 6-16-99; 8:45 am]
BILLING CODE 3510-DS-P
