[Federal Register Volume 65, Number 104 (Tuesday, May 30, 2000)]
[Notices]
[Pages 34439-34440]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-13462]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-812]


Dynamic Random Access Memory Semiconductors (``DRAMs'') of One 
Megabit and Above From the Republic of Korea; Preliminary Results of 
Full Sunset Review

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

ACTION: Notice of preliminary results of full sunset review: Dynamic 
Random Access Memory Semiconductors (``DRAMs'') of One Megabit and 
Above from the Republic of Korea.

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SUMMARY: On November 2, 1999, the Department of Commerce (``the 
Department'') initiated a sunset review of the antidumping duty order 
on dynamic random access memory semiconductors (``DRAMs'') of one 
megabit and above from the Republic of Korea (``Korea'') (64 FR 59160) 
pursuant to section 751(c) of the Tariff Act of 1930, as amended (``the 
Act''). On the basis of a notice of intent to participate filed on 
behalf of domestic interested parties and adequate substantive 
responses filed on behalf of the domestic and respondent interested 
parties, the Department determined to conduct a full sunset review. As 
a result of this review, the Department preliminarily finds that 
revocation of the antidumping duty order would likely lead to 
continuation or recurrence of dumping at the levels indicated in the 
Preliminary Results of Review section of this notice.

EFFECTIVE DATE: May 30, 2000.

FOR FURTHER INFORMATION CONTACT: Eun W. Cho or Carole Showers, Office 
of Policy for Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
1698 or (202) 482-3217, respectively.

SUPPLEMENTARY INFORMATION:

The Applicable Statute

    Unless otherwise indicated, all citations to the Act are references 
to the provisions effective 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 citations to 
the Department regulations are to 19 CFR Part 351 (1999). Guidance on 
methodological or analytical issues relevant to the Department's 
conduct of sunset reviews is set forth in the Department Policy 
Bulletin 98:3--Policies Regarding the Conduct of Five-Year (``Sunset'') 
Reviews of Antidumping and Countervailing Duty Orders; Policy Bulletin, 
63 FR 18871 (April 16, 1998) (Sunset Policy Bulletin).

Background

    On November 2, 1999, the Department initiated a sunset review of 
the antidumping duty order on DRAMs of one megabit and above from Korea 
(64 FR 59160). We invited parties to comment. On the basis of a notice 
of intent to participate filed on behalf of domestic interested parties 
and adequate substantive responses filed on behalf of domestic and 
respondent interested parties, the Department determined to conduct a 
full sunset review. The Department is conducting this sunset review in 
accordance with sections 751 and 752 of the Act.
    In accordance with section 751(c)(5)(C)(v) of the Act, the 
Department may treat a review as extraordinarily complicated if it is a 
review of a transition order (i.e., an order in effect on January 1, 
1995). This review concerns a transition order within the meaning of 
section 751(c)(6)(C)(ii) of the Act. On February

[[Page 34440]]

25, 2000, the Department determined that the sunset review of the 
antidumping duty order on DRAMs from Korea is extraordinarily 
complicated and extended the time limit for completion of the 
preliminary results of this review until not later than May 22, 2000, 
in accordance with section 751(c)(5)(B) of the Act.\1\
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    \1\ See Extension of Time Limit for Preliminary Results of Full 
Five-Year Reviews, 65 FR 10048 (February 25, 2000).
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Scope of Review

    The products covered by this order include DRAMs of one megabit and 
above from Korea. 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 re-imported 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 order remains dispositive.

Analysis of Comments Received

    All issues raised in substantive responses and rebuttals by parties 
to this sunset review are addressed in the Issues and Decision 
Memorandum (``Decision Memo'') from Jeffrey A. May, Director, Office of 
Policy, Import Administration, to Troy H. Cribb, Acting Assistant 
Secretary for Import Administration, dated May 22, 2000, which is 
hereby adopted by this notice. The issues discussed in the attached 
Decision Memo include the likelihood of continuation or recurrence of 
dumping and the magnitude of the margin likely to prevail were the 
order revoked. Parties can find a complete discussion of all issues 
raised in this review and the corresponding recommendations in this 
public memorandum which is on file in B-099, the Central Records Unit, 
of the main Commerce Building.
    In addition, a complete version of the Decision Memo can be 
accessed directly on the Web at www.ita.doc.gov/import_admin/records/frn. The paper copy and electronic version of the Decision Memorandum 
are identical in content.

Preliminary Results of Review

    We preliminarily determine that revocation of the antidumping duty 
order would be likely to lead to continuation or recurrence of dumping 
at the following percentage weighted-average margins:

------------------------------------------------------------------------
                                                                Margin
                   Manufacturer/exporter                      (percent)
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Hyundai....................................................        20.88
All Others.................................................         4.55
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    Any interested party may request a hearing within 30 days of 
publication of this notice in accordance with 19 CFR 351.310(c). Any 
hearing, if requested, will be held on July 19, 2000. Interested 
parties may submit case briefs no later than July 11, 2000, in 
accordance with 19 CFR 351.309(c)(1)(i). Rebuttal briefs, which must be 
limited to issues raised in the case briefs, may be filed not later 
than July 17, 2000. The Department will issue a notice of final results 
of this sunset review, which will include the results of its analysis 
of issues raised in any such comments, no later than September 29, 
2000.
    We are issuing and publishing this determination and notice in 
accordance with sections section 751(c), 752, and 777(i) of the Act.

    Dated May 22, 2000.
Troy H. Cribb,
Acting Assistant Secretary for Import Administration.
[FR Doc. 00-13462 Filed 5-26-00; 8:45 am]
BILLING CODE 3510-DS-P