[Federal Register Volume 64, Number 116 (Thursday, June 17, 1999)]
[Notices]
[Pages 32480-32481]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-15444]


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DEPARTMENT OF COMMERCE

International Trade Administration
[A-583-832]


Notice of Amended Preliminary Determination of Sales at Less Than 
Fair Value: Dynamic Random Access Memory Semiconductors of One Megabit 
and Above From Taiwan

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

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SUMMARY: On May 28, 1999, the Department of Commerce (``the 
Department'') published in the Federal Register the preliminary 
determination of its antidumping duty investigation of dynamic random 
access memory semiconductors of one megabit and above (``DRAMs'') from 
Taiwan. This investigation covers four respondents: Etron Technology, 
Inc. (``Etron''), Nan Ya Technology Corporation (``Nanya''), Vanguard 
International Semiconductor Corp. (``Vanguard''), and Mosel-Vitelic, 
Inc (``MVI'').
    On June 1, 1999, Vanguard submitted an allegation of ministerial 
errors with respect to the preliminary determination. Because these are 
ministerial errors which rise to the level of a ``significant error'' 
pursuant to 19 CFR 351.224(e) and (g), we are amending our preliminary 
determination.

EFFECTIVE DATE: June 17, 1999.

FOR FURTHER INFORMATION CONTACT: Thomas Futtner at (202) 482-3814 or 
Ronald Trentham at (202) 482-6320, Group II, Office 4, Import 
Administration, International Trade Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 
20230.

The Applicable Statute

    Unless otherwise indicated, all citations to the Tariff Act of 
1930, as amended (``the Act''), are references to the provisions as of 
January 1, 1995, the effective date of the Uruguay Round Agreements Act 
(``URAA''). In addition, unless otherwise indicated, all citations to 
the Department's regulations are to the regulations at 19 CFR part 351 
(April 1998).

Significant Ministerial Error

    We are amending the preliminary determination of sales at less than 
fair value for DRAMs from Taiwan to reflect the correction of a 
significant ministerial error made in the margin calculation regarding 
Vanguard in that determination, pursuant to 19 CFR 351.224(g)(1) and 
(g)(2). A significant ministerial error is defined as a correction 
which, singly or in combination with other errors, would result in (1) 
a change of at least 5 absolute percentage points in, but not less than 
25 percent of, the weighted-average dumping margin calculated in the 
original (erroneous) preliminary determination; or (2) a difference 
between a weighted-average dumping margin of zero or de minimis and a 
weighted-average dumping margin of greater than de minimis or vice 
versa. We are publishing this amendment to the preliminary 
determination pursuant to 19 CFR 351.224(e).

Scope of Investigation

    The products covered by this investigation are DRAMs of one megabit 
or above from Taiwan, whether assembled or unassembled. Assembled DRAMs 
include all package types. Unassembled DRAMs include processed wafers, 
uncut die and cut die. Processed wafers fabricated in Taiwan, but 
packaged or assembled into finished semiconductors in a third country, 
are included in the scope. Wafers fabricated in a third country and 
assembled or packaged in Taiwan are not included in the scope.
    The scope of this investigation 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''), dual in-line memory modules 
(``DIMMs''), memory cards or other collections of DRAMs whether mounted 
or unmounted 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 that 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. Modules 
containing DRAMs made from wafers fabricated in Taiwan, but either 
assembled or packaged into finished semiconductors in a third country, 
are also included in the scope.
    The scope includes, but is not limited to, video RAM (``VRAM''), 
Windows RAM (``WRAM''), synchronous graphics RAM (``SGRAM''), as well 
as various types of DRAMs, including fast page-mode (``FPM''), extended 
data-out (``EDO''), burst extended data-out (``BEDO''), synchronous 
dynamic RAM (``SDRAMs''), and ``Rambus'' DRAMs (``RDRAMs''). The scope 
of this investigation also includes any future density, packaging or 
assembling of DRAMs. The scope of this investigation does not include 
DRAMs or memory modules that are reimported for repair or replacement.
    The DRAMs subject to this investigation are currently classifiable 
under subheadings 8542.13.80.05 and 8542.13.80.24 through 8542.13.80.34 
of the Harmonized Tariff Schedule of the United States (``HTSUS''). 
Also included in the scope are Taiwanese DRAMs modules, described 
above, entered into the United States under subheading 8473.30.10 
through 8473.30.90 of the HTSUS or possibly other HTSUS numbers. 
Although the HTSUS subheadings are provided for convenience and customs 
purposes, the written description of the scope of this investigation is 
dispositive.

Ministerial Error Allegations

    On June 1, 1999, Vanguard submitted a timely allegation that the 
Department made ministerial errors which resulted in a miscalculation 
of the weighted-average constructed export prices (``CEPs'') for 
Vanguard sales and a mistake in the total number of megabits that 
should be used in establishing the per-megabit cash deposit rate for 
Vanguard's DRAMs contained in mixed memory modules. See Memorandum on 
Application of a Per Megabit Cash Deposit Rate on Memory Modules, dated 
May 21, 1999.
    We agree with Vanguard that the Department inadvertently 
miscalculated the weighted-average CEPs for Vanguard and miscalculated 
the total number of megabits that should be used in establishing the 
per-megabit cash deposit for Vanguard. See Clerical Error Memorandum, 
dated June 10, 1999. Because the effect of these ministerial errors on 
Vanguard's margins is significant, as defined in 19 CFR 351.224(g)(1), 
we are amending our

[[Page 32481]]

preliminary determination for this company. For a detailed analysis of 
this issue, see Clerical Error Memorandum, dated June 10, 1999. Because 
Vanguard's ad valorem and per megabit margins were used to compute the 
ad valorem and per megabit ``all others'' rates, we are also amending 
these duty deposit rates as well.

Amended Preliminary Determination

    As a result of our correction of ministerial errors, we have 
determined that the following amended weighted-average dumping margins 
and weighted-average per megabit rates apply.

------------------------------------------------------------------------
                                             Weighted-       Weighted-
          Exporter/manufacturer           average margin    average per
                                             (percent)     megabit rate
------------------------------------------------------------------------
Etron Technology, Inc...................            4.96           $0.03
Mosel-Vitelic, Inc......................           30.89            0.11
Nan Ya Technology Corporation...........            9.03            0.01
Vanguard International Semiconductor                9.56            0.01
 Corp...................................
All Others..............................           16.41            0.03
------------------------------------------------------------------------

International Trade Commission (ITC)

    In accordance with section 733(f) of the Act, we have notified the 
ITC of our amended preliminary determination. If our final 
determination is affirmative, the ITC will determine before the later 
of 120 days after the date of the preliminary determination or 45 days 
after our final determination whether these imports are materially 
injuring, or threaten material injury to, the U.S. industry.

Public Comment

    As stated in the Department's preliminary determination in this 
investigation (64 FR 28983), case briefs in at least ten copies must be 
filed no later than July 19, 1999, and rebuttal briefs no later than 
July 26, 1999. A list of authorities used and an executive summary of 
issues must accompany any briefs submitted to the Department. Such 
summary should be limited to five pages total, including footnotes. In 
accordance with section 774 of the Act, we will hold a public hearing, 
if requested, to afford interested parties an opportunity to comment on 
arguments raised in case or rebuttal briefs. Tentatively, the hearing 
will be held on July 27, 1999, with the time and room to be determined, 
at the U.S. Department of Commerce, 14th Street and Constitution 
Avenue, NW, Washington, DC 20230. Parties should confirm by telephone 
the time and place of the hearing 48 hours before the scheduled date. 
Interested parties who wish to request a hearing, or to participate if 
one is requested, must submit a written request to the Assistant 
Secretary for Import Administration, U.S. Department of Commerce, Room 
1870, within thirty days of the publication of the preliminary 
determination. Requests should contain: (1) The party's name, address 
and telephone number; (2) the number of participants; and (3) a list of 
the issues to be discussed. Oral presentations will be limited to 
issues raised in the briefs. We intend to issue our final determination 
no later than October 10, 1999.
    This amended preliminary determination is issued and published in 
accordance with section 703(d)(2) of the Act and 19 CFR 351.224.

    Dated: June 11, 1999.
Robert S. LaRussa,
Assistant Secretary for Import Administration.
[FR Doc. 99-15444 Filed 6-16-99; 8:45 am]
BILLING CODE 3510-DS-P