[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