[Federal Register Volume 61, Number 192 (Wednesday, October 2, 1996)]
[Pages 51410-51411]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-25240]



Dynamic Random Access Memory Semiconductors From the Republic of 
Korea; Amended Final Results of Antidumping Duty Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

ACTION: Notice of amended final results of antidumping duty 
administrative review.


SUMMARY: On May 6, 1996, the Department of Commerce (the Department) 
published the final results of its administrative review of the 
antidumping duty order on dynamic random access memory semiconductors 
(DRAMs) from the Republic of Korea (61 FR 20216). Subsequent to the 
publication of these final results, the petitioner, Micron Technology, 
Inc. (Micron), and one respondent in this review (LG Semicon Co., Ltd. 
(LGS)), filed suit with the Court of International Trade (CIT) with 
respect to the Department's methodology used in calculating LGS' 
dumping margin. No suit was filed by any parties to this proceeding 
with respect to the dumping margin. No suit was filed by any parties to 
this proceeding with respect to the dumping calculations pertaining to 
the other respondent in this review, Hyundai Electronics Industries, 
Co., Ltd. (Hyundai). We have corrected four ministerial errors with 
respect to sales of subject merchandise by Hyundai. The errors were 
present in our final results of review. The review covers the period 
October 29, 1992, through April 30, 1994. We are publishing this 
amendment to the final results of review in accordance with 19 CFR 

EFFECTIVE DATE: October 2, 1996.

Roy F. Unger, Jr. or Thomas F. Futtner, Office of AD/CVD Enforcement, 
Group III, Import Administration, U.S. Department of Commerce, 14th 
Street and Constitution Avenue, NW., Washington, DC 20230, telephone: 
(202) 482-0651/3814.



    The review covers two manufacturers/exporters of DRAMs from the 
Republic of Korea (Korea): Hyundai and LGS, and the period October 29, 
1992 through April 30, 1994. The Department published the preliminary 
results of review on September 11, 1995 (60 FR 47149), and the final 
results of review on May 6, 1996 (61 FR 20216).

Applicable Statute and Regulations

    The Department has conducted this administrative review in 
accordance with section 751 of the Tariff Action 1930, as amended (the 
Tariff Act). Unless otherwise indicated, all citations to the statute 
and to the Department's regulations refer to the provisions as they 
existed on December 31, 1994.

Scope of Review

    Imports covered by the review are shipments of DRAMs of one megabit 
and above from the Republic of Korea (Korea). For purposes of this 
review, DRAMs are all one megabit and above, whether assembled or 
unassembled. Assembled DRAMs include all package types. Unassembled 
DRAMs include processed wafers, uncut die and cut die. Processed wafers 
produced in Korea, but packaged, or assembled into memory modules in a 
third country, are included in the scope; wafers produced in a third 
country and assembled or packaged in Korea are not included in the 
scope of this review.
    The scope of this review 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), or other collections of DRAMs, whether unmounted or 
mounted on a circuit board. Modules that contain other parts that are 
needed to support

[[Page 51411]]

the function of memory are covered. Only those modules which contain 
additional items which 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.
    The scope of this review also includes video random access memory 
semiconductors (VRAMs), as well as any future packaging and assembling 
of DRAMs.
    The scope of this review also includes removable memory modules 
placed on motherboards, with or without a central processing unit 
(CPU), unless the importer of motherboards certifies with the Customs 
Service that neither it, nor a party related to it or under contract to 
it, will remove the modules from the motherboards after importation. 
The scope of this review does not include DRAMs or memory modules that 
are reimported for repair or replacement.
    The DRAMs subject to this review are classifiable under subheadings 
8542.0001, 8542.11.0024, 8542.11.0026, and 8542.11.0034 of the 
Harmonized Tariff Schedule of the United States (HTSUS). Also included 
in the scope are those removable Korean DRAMs contained on or within 
products classifiable under subheadings 8471.91.0000 and 8473.30.4000 
of the HTSUS. Although the HTSUS subheadings are provided for 
convenience and customs purposes, the written description of the scope 
of this review remains dispositive.
    The period of review (POR) covers from October 29, 1992 through 
April 30, 1994 for all respondents.

Ministerial Errors in Final Results of Review

    After reviewing allegations of ministerial errors submitted by the 
petitioner and Hyundai, the Department determined that it should 
correct four clerical errors pertaining to Hyundai. The Department 
corrected the following clerical errors in the final results pertaining 
to Hyundai:
    In the final results of review, we applied second-tier best 
information available (BIA) to Hyundai's embedded DRAM sales (see 
Dynamic Random Access Memory Semiconductors of One Megabit or Above 
from the Republic of Korea; Final Results of Antidumping Duty 
Administrative Review, 61 FR 20216 (May 6, 1996), Comment 9). However, 
we incorrectly applied this rate to the quantity of the embedded DRAM 
sales instead of to the value of the embedded DRAM sales. We adjusted 
our calculations by correctly applying BIA so as to assign the BIA rate 
of 11.16 percent to the value of the sales in question (see Dynamic 
Random Access Memory Semiconductors of One Megabit or Above from the 
Republic of Korea Memorandum on Clerical Errors in the Final Results of 
Review, (DRAMS Clerical Error Memorandum) (August 30, 1996)).
    In the margin calculations in the final results of review, we 
inadvertently omitted Hyundai's value added taxes (VAT), U.S. repacking 
expenses for certain sales, and revised profit for constructed value 
(CV) for comparisons to non-further-manufactured U.S. sales. We 
corrected the final calculations to include Hyundai's home market VAT, 
U.S. repacking expenses, and revised profit for CV (see DRAMS Clerical 
Error Memorandum).

Amended Final Results of Review

    Upon correction of the ministerial errors listed above, the 
Department has determined that the following margin exists for the 
periods indicated:

                     Manufacturer/exporter                       margin 
October 29, 1992 through April 30, 1994:                                
  Hyundai Electronics Industries..............................      0.22

    The Customs Service shall assess antidumping duties on all 
appropriate entries. Individual differences between USP and FMV may 
vary from the percentages stated above. The Department will issue 
appraisement instructions concerning each respondent directly to the 
U.S. Customs Service.
    Furthermore, the following deposit requirements will be effective 
for all shipments of the subject merchandise, entered, or withdrawn 
from warehouse, for consumption on or after the publication date of 
these final results of administrative review, as provided for by 
section 751(a)(1) of the Tariff Act: (1) The cash deposit rate for 
Hyundai will be zero percent; (2) for previously reviewed or 
investigated companies not listed above, the cash deposit rate will 
continue to be the company-specific rate published for the most recent 
period; (3) if the exporter is not a firm covered in this review, a 
prior review, or in the original LTFV investigation, but the 
manufacturer is, the cash deposit rate will be the rate established for 
the most recent period for the manufacturer of the merchandise; and (4) 
if neither the exporter nor the manufacturer is a firm covered in this 
or any previous review conducted by the Department, the cash deposit 
rate will be 3.85%, the all others rate established in the LTFV 
investigation. Samsung Electronics Co., Ltd. (Samsung), formerly a 
respondent in this administrative review, was excluded from the 
antidumping duty order on DRAMs from Korea on February 8, 1996. See 
Final Court Decision and Partial Amended Final Determination: Dynamic 
Random Access Memory Semiconductors of One Megabit and Above From the 
Republic of Korea, 61 FR 4765 (February 8, 1996).
    These deposit requirements shall remain in effect until publication 
of the final results of the next administrative review.
    This notice serves as the final reminder to importers of their 
responsibility under 19 CFR 353.26 to file a certificate regarding the 
reimbursement of antidumping duties prior to liquidation of the 
relevant entries during this review period. Failure to comply with this 
requirement could result in the Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    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 353.34(d). Timely written notification or 
conversion to judicial protective order is hereby requested. Failure to 
comply with the regulations and the terms of the APO is a sanctionable 
    This administrative review and notice are in accordance with 
section 751(a)(1) of the Tariff Act (19 U.S.C. 1675(a)(1)) and 19 CFR 

    Dated: September 25, 1996.
Barbara R. Stafford,
Acting Assistant Secretary for Import Administration.
[FR Doc. 96-25240 Filed 10-1-96; 8:45 am]