[Federal Register Volume 62, Number 101 (Tuesday, May 27, 1997)]
[Notices]
[Pages 28670-28671]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-13810]


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DEPARTMENT OF COMMERCE

International Trade Administration
[A-588-504]


Erasable Programmable Read Only Memories From Japan: Termination 
of Suspended Antidumping Duty Investigation

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

ACTION: Notice of termination of suspended antidumping duty 
investigation.

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SUMMARY: On December 19, 1996, the Department received a letter from 
counsel to Intel Corporation, Advanced Micro Devices, Inc., and 
National Semiconductor Corporation (``the petitioners''). The letter 
notified the Department that the petitioners have no further interest 
in the suspended investigation on Erasable Programmable Read Only 
Memory (EPROM) Semiconductors from Japan and that they were, therefore, 
withdrawing the petition. On January 8, 1997, the Department requested 
parties to the proceeding to provide comments on the Department's 
proposal to terminate the suspended antidumping duty investigation on 
EPROMs from Japan. The Department is now terminating this suspended 
investigation.

EFFECTIVE DATE: May 27, 1997.

FOR FURTHER INFORMATION CONTACT: Steven Presing or Eugenia Chu, Office 
of Agreements Compliance, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street & Constitution 
Avenue, N.W., Washington, D.C. 20230; telephone (202) 482-0194 and 
(202) 482-3964, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On July 30, 1986, the antidumping investigation of Erasable 
Programmable Read Only Memories (EPROMs) from Japan, was suspended 
pursuant to an agreement by substantially all of the Japanese producers 
to eliminate dumping. Erasable Programmable Read Only Memories (EPROMs) 
from Japan: Suspension of Investigation, 51 Fed. Reg. 28253 (August 6, 
1986); amended, 56 Fed. Reg. 37523 (August 7, 1991).
    On December 19, 1996, the U.S. and Japanese semiconductor 
industries signed a Statement Regarding Effective and Expeditious 
Antidumping Measures (the Statement) and accompanying Memorandum of 
Understanding (MOU) intended to expedite handling future dumping 
investigations. The industries have agreed to independently collect 
cost and price data and to submit this data to the appropriate 
government agency within 14 days of the filing of a new antidumping 
investigation in the United States or Japan. Both the Statement and the 
MOU are conditioned upon revocation of the EPROM Suspension Agreement 
and termination of the EPROM antidumping investigation.
    On December 19, 1996, Intel Corporation, Advanced Micro Devices, 
Inc., and National Semiconductor Corporation, the petitioners in the 
suspended investigation, notified the Department in writing that they 
had no further interest in the suspended investigation on EPROMs from 
Japan and that they were, therefore, withdrawing the petition. 
Petitioners served interested parties with copies of the no interest 
letter.
    On January 8, 1997, the Department notified interested parties in 
writing of its intent to terminate the suspended investigation and 
requested comments. We received comments from interested parties 
concerning the proposed termination on February 6, 1997.

Scope of Investigation

    The products covered by this investigation are erasable 
programmable read only memories which are a type of memory integrated 
circuit that is manufactured using variations of Metal Oxide-
Semiconductor (MOS) process technology, including both Complementary 
(CMOS) and N-Channel (NMOS). The products include processed wafers, 
dice and assembled EPROMs produced in Japan and imported into the 
United States from Japan. Finished EPROMs are provided for in the 
Tariff Schedules of the United States Annotated (TSUSA) under item 
687.7445. Unassembled EPROMs, including unmounted chips, wafers, and 
dice, are provided for under TSUSA item 687.7405. Additionally, certain 
Flash memory devices based on EPROM semiconductor technology are later-
developed products within the scope of the suspension investigation and 
suspension agreement on EPROMs from Japan. 57 Fed. Reg. 11599 (April 6, 
1992).

Termination of Investigation

    On December 19, 1996, the U.S. Semiconductor Industry Association 
(SIA) and the Electronic Industries Association of Japan (EIAJ) signed 
the Statement and the MOU agreeing, through 1999, voluntarily to 
collect and maintain product specific cost, home market price, and U.S. 
export price data on certain flash EPROM products exported from Japan 
to the United States, and, if an antidumping investigation were 
initiated on these products, to provide the collected data to the 
Department within 14 days of receipt of a questionnaire. The joint 
Statement, issued by the SIA and the EIAJ, establishes an expedited 
collection and reporting system similar to that created under the 1991 
EPROM Suspension Agreement, 56 Fed. Reg. 37523 (August 7, 1991).

[[Page 28671]]

    On December 19, 1996, the petitioners in the suspended 
investigation, notified the Department in writing that they have no 
further interest in the suspended investigation on EPROMs from Japan 
and that they were, therefore, withdrawing their petition. In the no 
interest letter, which was served on interested parties, counsel for 
the petitioners stated that the EPROM suspension agreement has served 
to substantially alleviate the problem of dumping of EPROMs in the U.S. 
market for the past ten years. Given the experience of the past ten 
years, and noting that the Japanese EPROM producers as members of the 
EIAJ, support the issued Statement, the petitioners believe the 
termination of the 1991 EPROM suspension agreement is appropriate.
    Based on petitioners' expression of no interest, the Department 
notified interested parties in writing of its intent to terminate the 
suspended investigation and requested comments. Comments were filed on 
February 6, 1997 by Fujitsu Limited, Hitachi, Ltd., Matsushita 
Electronics Corporation, Mitsubishi Electric Corporation, Sanyo 
Electric Co., Ltd., Sharp Corporation, and Toshiba Corporation. All 
commenters expressed their support for the proposed termination.
    A review under section 751(b) of the Tariff Act of 1930, as 
amended, is normally the mechanism for the termination of a suspended 
investigation. However, the events surrounding the Statement and MOU 
and petitioners' request to terminate the suspended investigation, as 
described above, are consistent with the substantive and procedural 
requirements of the statute and regulations. Therefore, the unique 
circumstances of this case render any further proceeding unnecessary. 
Thus, based on the affirmative statement by substantially all of the 
domestic producers that they have no further interest in the suspended 
investigation, which was supported in the comments filed by interested 
parties, the Department is terminating the suspended investigation.

    Dated: May 7, 1997.
Robert S. LaRussa,
Acting Assistant Secretary for Import Administration.
[FR Doc. 97-13810 Filed 5-23-97; 8:45 am]
BILLING CODE 3510-DS-P