[Federal Register: February 14, 2007 (Volume 72, Number 30)]
[Notices]
[Page 7015-7016]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14fe07-35]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-580-851]
Dynamic Random Access Memory Semiconductors from the Republic of
Korea: Final Results of Countervailing Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On August 11, 2006, the Department of Commerce published in
the Federal Register its preliminary results of administrative review
of the countervailing duty order on dynamic random access memory
semiconductors from the Republic of Korea for the period January 1,
2004, through December 31, 2004.
We gave interested parties an opportunity to comment on the
preliminary results. Our analysis of the comments received on the
preliminary results did not lead to any changes in the net subsidy
rate. Therefore, the final results do not differ from the preliminary
results. The final net subsidy rate for the reviewed company is listed
below in the section entitled ``Final Results of Review.''
EFFECTIVE DATE: February 14, 2007.
FOR FURTHER INFORMATION CONTACT: Steve Williams or Andrew McAllister,
AD/CVD Operations, Office 1, Import Administration, U.S. Department of
Commerce, 14th Street and Constitution Avenue, NW, Washington, DC
20230; telephone: (202) 482-4619 or (202) 482-1174, respectively.
SUPPLEMENTARY INFORMATION:
Background
The following events have occurred since the publication of the
preliminary results of this review. See Dynamic Random Access Memory
Semiconductors from the Republic of Korea: Preliminary Results of
Countervailing Duty Administrative Review, 71 FR 46192 (August 11,
2006) (``Preliminary Results'').
We invited interested parties to comment on the Preliminary
Results. On October 2, 2006, we received a case brief and request for a
hearing from Micron Technology, Inc. (``Micron''). We received a
rebuttal brief from Hynix Semiconductor Inc. (``Hynix''), the only
company covered in the review, on October 16, 2006.
On November 16, 2006, we extended the time limit for the final
results of this administrative review by 60 days (to February 7, 2007),
pursuant to section 751(a)(3)(A) of the Tariff Act of 1930, as amended
(``the Act''). See Dynamic Random Access Memory Semiconductors from the
Republic of Korea: Notice of Extension of Time Limit for Countervailing
Duty Administrative Review, 71 FR 66751 (November 16, 2006).
A public hearing was held at the Department on November 2, 2006.
Scope of the Order
The products covered by this order are dynamic random access memory
semiconductors (``DRAMS'') from the Republic of Korea (``ROK''),
whether assembled or unassembled. Assembled DRAMS include all package
types. Unassembled DRAMS include processed wafers, uncut die, and cut
die. Processed wafers fabricated in the ROK, but assembled into
finished semiconductors outside the ROK are also included in the scope.
Processed wafers fabricated outside the ROK and assembled into finished
semiconductors in the ROK are not included in the scope.
The scope of this order additionally includes memory modules
containing DRAMS from the ROK. A memory module is a collection of
DRAMS, the sole function of which is memory. Memory modules include
single in-line processing modules, single in-line memory modules, dual
in-line memory modules, small outline dual in-line memory modules,
Rambus in-line memory modules, and memory cards 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 that contain additional items which
alter the function of the module to something other than memory, such
as video graphics adapter boards and cards, are not included in the
scope. This order also covers future DRAMS module types.
The scope of this order additionally includes, but is not limited
to, video random access memory and synchronous graphics random access
memory, as well as various types of DRAMS, including fast page-mode,
extended data-out, burst extended data-out, synchronous dynamic RAM,
Rambus DRAM, and Double Data Rate DRAM. The scope also includes any
future density, packaging, or assembling of DRAMS. Also included in the
scope of this order are removable memory modules placed on
motherboards, with or without a central processing unit, unless the
importer of the motherboards certifies with CBP that neither it, nor a
party related to it or under contract to it, will remove the modules
from the
[[Page 7016]]
motherboards after importation. The scope of this order does not
include DRAMS or memory modules that are re-imported for repair or
replacement.
The DRAMS subject to this order are currently classifiable under
subheadings 8542.21.8005 and 8542.21.8020 through 8542.21.8030 of the
Harmonized Tariff Schedule of the United States (``HTSUS''). The memory
modules containing DRAMS from the ROK, described above, are currently
classifiable under subheadings 8473.30.10.40 or 8473.30.10.80 of the
HTSUS. Removable memory modules placed on motherboards are classifiable
under subheadings 8471.50.0085, 8517.30.5000, 8517.50.1000,
8517.50.5000, 8517.50.9000, 8517.61.0000, 8517.62.0010, 8517.62.0050,
8517.69.0000, 8517.70.0000, 8517.90.3400, 8517.90.3600, 8517.90.3800,
8517.90.4400, 8542.31.00, 8542.32.0001, 8542.32.0020, 8542.32.0021,
8542.32.0022, 8542.32.0023, 8542.33.0000, 8542.39.0000, and
8543.89.9600 of the HTSUS.
Scope Rulings
On December 29, 2004, the Department received a request from Cisco
Systems, Inc. (``Cisco''), to determine whether removable memory
modules placed on motherboards that are imported for repair or
refurbishment are within the scope of the CVD Order. See Notice of
Countervailing Duty Order: Dynamic Random Access Memory Semiconductors
from the Republic of Korea, 68 FR 47546 (August 11, 2003) (``CVD
Order''). The Department initiated a scope inquiry pursuant to 19 CFR
351.225(e) on February 4, 2005. On January 12, 2006, the Department
issued a final scope ruling, finding that removable memory modules
placed on motherboards that are imported for repair or refurbishment
are not within the scope of the CVD Order provided that the importer
certifies that it will destroy any memory modules that are removed for
repair or refurbishment. See Memorandum from Stephen J. Claeys to David
M. Spooner, regarding Final Scope Ruling, Countervailing Duty Order on
DRAMs from the Republic of Korea (January 12, 2006).
Period of Review
The period for which we are measuring subsidies, i.e., the period
of review (``POR''), is January 1, 2004, through December 31, 2004.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties to
this administrative review are addressed in the February 7, 2007,
Issues and Decision Memorandum for the Final Results in the Second
Administrative Review of the Countervailing Duty Order on Dynamic
Random Access Memory Semiconductors from the Republic of Korea
(``Decision Memorandum'') from Stephen J. Claeys, Deputy Assistant
Secretary for Import Administration, to David M. Spooner, Assistant
Secretary for Import Administration, which is hereby adopted by this
notice. Attached to this notice as an appendix is a list of the issues
which parties have raised and to which we have responded in the
Decision Memorandum. Parties can find a complete discussion of all
issues raised in this review and the corresponding recommendations in
this public memorandum, which is on file in the Department's Central
Records Unit, Room B-099 of the main Department building. In addition,
a complete version of the Decision Memorandum can be accessed directly
on the Internet at https://enforcement.trade.gov/frn/index.html. The paper copy
and electronic version of the Decision Memorandum are identical in
content.
Final Results of Review
In accordance with 19 CFR 351.221(b)(5), we calculated an
individual subsidy rate for the producer/exporter, Hynix. For the
period January 1, 2004, through December 31, 2004, we find the ad
valorem net subsidy rate for Hynix is 31.86 percent.
Assessment Rates
The Department will instruct CBP to liquidate shipments of DRAMS by
Hynix entered or withdrawn from warehouse, for consumption from January
1, 2004, through December 31, 2004, at 31.86 percent ad valorem of the
entered value.
Cash Deposits
The Department also intends to instruct CBP to collect cash
deposits of estimated countervailing duties at 31.86 percent ad valorem
of the entered value on all shipments of the subject merchandise from
Hynix, entered, or withdrawn from warehouse, for consumption on or
after the date of publication of the final results of this
administrative review.
We will instruct CBP to continue to collect cash deposits for non-
reviewed companies at the most recent company-specific rate applicable
to the company. The Department has previously excluded Samsung
Electronics Co., Ltd. from this order. See Notice of Amended Final
Affirmative Countervailing Duty Determination: Dynamic Random Access
Memory Semiconductors from the Republic of Korea, 68 FR 44290 (July 28,
2003). Thus, the ``all others'' rate shall apply to all non-reviewed
companies until a review of a company assigned this rate is requested.
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 351.305(a)(3). Timely written
notification of return/destruction of APO materials or conversion to
judicial protective order is hereby requested. Failure to comply with
the regulations and the terms of an APO is a sanctionable violation.
This administrative review and notice are issued and published in
accordance with section 751(a)(1) of the Act.
Dated: February 7, 2007.
David M. Spooner,
Assistant Secretaryfor Import Administration.
Appendix I
Comments in the Issues and Decision Memorandum
Comment 1: Benefit to Hynix of the 2004 Cash Buyout Program.
Comment 2: The Department's Failure to Investigate Thoroughly the GOK's
Entrustment or Direction of Hynix's Creditors in Connection with the
CBO Components of the Non-Memory Asset Sale.
Comment 3: Entrustment or Direction of Hynix's Creditors in Connection
with the Tranche A Acquisition Financing and CBO Components of the Non-
Memory Asset Sale.
Comment 4: Whether the Department Should Have Investigated Hynix's Sale
of Its LCD and Non-Memory Assets.
Comment 5: Uncreditworthy Benchmark Interest/Discount Rate.
[FR Doc. E7-2562 Filed 2-13-07; 8:45 am]
BILLING CODE 3510-DS-S