[Federal Register Volume 61, Number 192 (Wednesday, October 2, 1996)]
[Notices]
[Pages 51410-51411]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-25240]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
[A-580-812]
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
353.28(c).
EFFECTIVE DATE: October 2, 1996.
FOR FURTHER INFORMATION CONTACT:
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.
SUPPLEMENTARY INFORMATION:
Background
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:
------------------------------------------------------------------------
Percent
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
violation.
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
353.22.
Dated: September 25, 1996.
Barbara R. Stafford,
Acting Assistant Secretary for Import Administration.
[FR Doc. 96-25240 Filed 10-1-96; 8:45 am]
BILLING CODE 3510-DS-M