[Federal Register Volume 64, Number 238 (Monday, December 13, 1999)] [Notices] [Pages 69492-69493] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 99-32227] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-580-812] Notice of Initiation of Changed Circumstances Antidumping Duty Administrative Review: Dynamic Random Access Memory Semiconductors From Korea AGENCY: Import Administration, International Trade Administration, Department of Commerce. ACTION: Notice of Initiation of Changed Circumstances Antidumping Duty Administrative Review. ----------------------------------------------------------------------- SUMMARY: In accordance with 19 CFR 351.216, Micron Technology Inc. (``Micron''), a U.S. producer of dynamic random access memory semiconductors (``DRAMs'') and the petitioner in the less-than-fair- value (``LTFV'') investigation of DRAMs from Korea, requested a changed circumstances review pursuant to section 751(b) of the Tariff Act of 1930, as amended (``the Act''). In response to this request, the Department of Commerce (``the Department'') is initiating a changed circumstances review on DRAMs from Korea. EFFECTIVE DATE: December 13, 1999. FOR FURTHER INFORMATION CONTACT: Ron Trentham or Tom Futtner, AD/CVD Enforcement, Group II, Office 4, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th and Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482- 6320 or (202) 482-3814, respectively. SUPPLEMENTARY INFORMATION: Applicable Statute and Regulations Unless otherwise stated, all citations to the Act are references to the provisions as of January 1, 1995, the effective date of the amendments made to the Act by the Uruguay Round Agreements Act (``URAA''). In addition, unless otherwise indicated, all references to the regulations of the Department are to 19 CFR part 351 (1998). Background On May 10, 1993, the Department published in the Federal Register (58 FR 27250) the antidumping duty order on DRAMs from Korea. On November 12, 1999, Micron submitted a letter stating that LG Semicon Co., Ltd., (``LG Semicon'') and Hyundai Electronics Industries Co., Ltd., (``Hyundai''), two Korean DRAMs producers, merged on October 14, 1999, thus creating a new business entity--Hyundai MicroElectronics Co., Ltd. Micron further states that since both DRAM producers are subject to the DRAM antidumping duty order, the newly established entity should receive a blended cash deposit based on the weighed average dumping margins that the Department will establish for each of the respondents in the impending final results of the 1997-1998 (fifth) administrative review of the order. In its November 12, 1999 letter, the petitioner also requested that the Department issue the final results of the changed circumstances review on an expedited schedule, to coincide with release of the final results of the fifth administrative review of the order. Scope of Review Imports covered by the review are shipments of DRAMs from Korea. Included in the scope are assembled and unassembled DRAMs. 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. 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 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; and, 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 and modules subject to this review are currently classifiable under subheadings 8471.50.0085, 8471.91.8085, 8542.11.0024, 8542.11.8026, 8542.13.8034, 8471.50.4000, 8473.30.1000, 8542.11.0026, 8542.11.8034, 8471.50.8095, 8473.30.4000, 8542.11.0034, 8542.13.8005, 8471.91.0090, 8473.30.8000, 8542.11.8001, 8542.13.8024, 8471.91.4000, 8542.11.0001, 8542.11.8024 and 8542.13.8026 of the Harmonized Tariff Schedule of the United States (``HTSUS''). Although the HTSUS subheadings are provided for convenience and customs purposes, the Department's written description of the scope of this review remains dispositive. Initiation of Changed Circumstances Antidumping Duty Review In accordance with section 751(b) of the Act, the Department is initiating a changed circumstances review to determine whether Hyundai MicroElectronics Co., Ltd., is the successor-in-interest to LG Semicon and Hyundai for purposes of determining antidumping duty liability. In making such a successor-in-interest determination, the Department typically examines several factors including, but not limited to, changes in: (1) Management; (2) production facilities; (3) supplier relationships; and (4) customer base. See Brass Sheet and Strip from Canada: Notice of Final Results of Antidumping Administrative Review, 57 FR 20460 (May 13, 1992) (``Canadian Brass''). While no one or a combination of these factors will necessarily provide a dispositive indication, the Department will generally consider the new company to be the successor to a previous company if its resulting operation is not materially dissimilar to that of its predecessor. See Industrial Phosphoric Acid from Israel: Final Results of Changed Circumstances Review, 59 FR 6944 (February 14, 1994) and Canadian [[Page 69493]] Brass, 57 FR 20460. Thus, if the record evidence, subject to verification, demonstrates that, with respect to the production and sale of the subject merchandise, the new company operates as the same business entity as the former company, the Department may assign the new company a cash deposit rate of its predecessor. See e.g. Fresh and Chilled Atlantic Salmon from Norway: Final Results of Changes Circumstances Antidumping Duty Administrative Review, 64 FR 9979, 9980 (March 1, 1999). In addition, in the event that the Department concludes that expedited action is warranted, 19 CFR 351.221(c)(3)(ii) permits the Department to combine the notices of initiation and preliminary results. The Department concludes that it would be inappropriate to expedite this action pursuant to 19 CFR 351.221(c)(3)(ii) by issuing a preliminary determination prior to conducting an investigation in the instant case. The Department may need additional information regarding the Hyundai-LG Semicon merger which would make expedited action impracticable. Therefore, the Department is not issuing preliminary results of its changed circumstances antidumping duty administrative review at this time. The Department will publish in the Federal Register a notice of preliminary results of changed circumstances antidumping duty administrative review in accordance with 19 CFR 351.221(c)(3)(i), which will set forth the factual and legal conclusions upon which our preliminary results are based, and a description of any action proposed based on those results. Interested parties may submit comment for consideration in the Department's preliminary results not later than 20 days after publication of this notice. Responses to those comments may be submitted no later than 10 days following submission of the comments. All written comments must be submitted in accordance with 19 CFR 351.303, and must be served on all interested parties on the Department's service list in accordance with 19 CFR 351.303. The Department will publish in the Federal Register the final results of the changed circumstances review within 270 days after the date on which the changed circumstances review is initiated, in accordance with 19 CFR 351.216(e). This initiation of review notice is in accordance with sections 751(b) and 777(i)(1) of the Act. Dated: December 6, 1999. Richard W. Moreland, Acting Assistant Secretary for Import Administration. [FR Doc. 99-32227 Filed 12-10-99; 8:45 am] BILLING CODE 3510-DS-P