[Federal Register Volume 65, Number 177 (Tuesday, September 12, 2000)]
[Notices]
[Pages 55005-55006]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-23391]



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DEPARTMENT OF COMMERCE

International Trade Administration

[A-583-827]


Static Random Access Memory Semiconductors From Taiwan; Final 
Results and Partial Rescission of Antidumping Duty Administrative 
Review

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

ACTION: Notice of final results of antidumping duty administrative 
review.

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SUMMARY: On May 8, 2000, the Department of Commerce published the 
preliminary results of administrative review of the antidumping duty 
order on static random access memory semiconductors from Taiwan. The 
merchandise covered by this order are synchronous, asynchronous, and 
specialty static random access memory semiconductors from Taiwan, 
whether assembled or unassembled. This review covers the U.S. sales 
and/or entries of three manufacturers/exporters. In addition, we are 
rescinding this review with respect to two companies. The period of 
review is October 1, 1997, through March 31, 1999, for two of the 
reviewed companies and October 1, 1998, through March 31, 1999, for the 
remaining company.
    Based on our analysis of the comments received, we have made 
changes in the margin calculations. Therefore, the final results differ 
from the preliminary results. The final weighted-average dumping 
margins for the reviewed firms are listed below in the section entitled 
``Final Results of the Review.''

EFFECTIVE DATE: September 12, 2000.

FOR FURTHER INFORMATION CONTACT: Irina Itkin or Shawn Thompson, Import 
Administration, International Trade Administration, U.S. Department of 
Commerce, Washington, D.C. 20230; telephone: (202) 482-0656 or (202) 
482-1776, respectively.

SUPPLEMENTARY INFORMATION:

The Applicable Statute

    Unless otherwise indicated, all citations to the Tariff Act of 
1930, as amended (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 of Commerce's (the 
Department's) regulations are to 19 CFR part 351 (1999).

Background

    This review covers three manufacturers/exporters (i.e., G-Link 
Technology (G-Link), GSI Technology, Inc. (GSI Technology), \1\ and 
Winbond Electronics Corporation (Winbond)).
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    \1\ GSI Technology is also known as Giga Semiconductor, Inc.
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    On May 8, 2000, the Department published in the Federal Register 
the preliminary results of administrative review of the antidumping 
duty order on static random access memory semiconductors (SRAMs) from 
Taiwan. See Static Random Access Memory Semiconductors from Taiwan; 
Preliminary Results and Partial Rescission of Antidumping 
Administrative Review, 65 FR 26577 (May 8, 2000).
    We invited parties to comment on our preliminary results of review. 
At the request of certain interested parties, we held a public hearing 
on August 2, 2000. The Department has conducted this administrative 
review in accordance with section 751 of the Act.

Scope of Review

    The products covered by this review are synchronous, asynchronous, 
and specialty SRAMs from Taiwan, whether assembled or unassembled. 
Assembled SRAMs include all package types. Unassembled SRAMs include 
processed wafers or die, uncut die and cut die. Processed wafers 
produced in Taiwan, but packaged, or assembled into memory modules, in 
a third country, are included in the scope; processed wafers produced 
in a third country and assembled or packaged in Taiwan are not included 
in the scope. The scope of this review includes modules containing 
SRAMs. Such modules include single in-line processing modules, single 
in-line memory modules, dual in-line memory modules, memory cards, or 
other collections of SRAMs, whether unmounted or mounted on a circuit 
board. The scope of this review does not include SRAMs that are 
physically integrated with other components of a motherboard in such a 
manner as to constitute one inseparable amalgam (i.e., SRAMs soldered 
onto motherboards). The SRAMs within the scope of this review are 
currently classifiable under subheadings 8542.13.8037 through 
8542.13.8049, 8473.30.10 through 8473.30.90, 8542.13.8005, and 
8542.14.8004 of the Harmonized Tariff Schedule of the United States 
(HTSUS). Although the HTSUS subheadings are provided for convenience 
and customs purposes, the written description of the scope of this 
proceeding is dispositive.

Period of Review

    The POR is October 1, 1997, through March 31, 1999, for G-Link and 
Winbond. Because GSI Technology was a respondent in the 1997-1998 new 
shipper review on SRAMs, the POR for our administrative review of its 
U.S. sales is October 1, 1998, through March 31, 1999.

Partial Rescission of Review

    As noted in the preliminary results, in June and July 1999, 
respectively, two manufacturers/exporters of subject merchandise to the 
United States, Alliance Semiconductor (Alliance) and Galvantech, Inc. 
(Galvantech), withdrew their requests for administrative review. No 
other interested party requested a review of sales of merchandise 
produced or exported by either Alliance or Galvantech during the POR. 
Therefore, in accordance with 19 CFR 351.213(d)(1) and consistent with 
our practice, we are rescinding our review with respect to Alliance and 
Galvantech.

Analysis of Comments Received

    All issues raised in the case briefs by parties to this 
administrative review are addressed in the ``Issues and Decision 
Memorandum'' (Decision Memo) from Richard W. Moreland, Deputy Assistant 
Secretary, Import Administration, to Troy H. Cribb, Acting Assistant 
Secretary for Import Administration, dated September 5, 2000, which is 
hereby adopted by this notice. A list of the issues which parties have 
raised and to which we have responded, all of which are in the Decision 
Memo, is attached to this notice as an Appendix. 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 the Central Records Unit, room B-099, of the main Department 
building.
    In addition, a complete version of the Decision Memo can be 
accessed directly on the Web at www.ia.ita.doc.gov. The paper copy and 
electronic version of the Decision Memo are identical in content.

Changes Since the Preliminary Results

    Based on our analysis of comments received, we have made changes in 
the margin calculations for two of the three companies under review. 
These changes are discussed in the relevant sections of the Decision 
Memo.

Final Results of Review

    We determine that the following weighted-average margin percentages 
exist for the period October 1, 1997, through March 31, 1999 (for G-
Link and

[[Page 55006]]

Winbond) and the period October 1, 1998, through March 31, 1999 (for 
GSI Technology):

------------------------------------------------------------------------
                                                               Percent
                   Manufacturer/exporter                        margin
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G-Link Technology..........................................        32.12
GSI Technology, Inc/Giga Semiconductor Inc.................        33.85
Winbond Electronics Corp...................................         0.67
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    The Department shall determine, and Customs shall assess, 
antidumping duties on all appropriate entries. In accordance with 19 
CFR 351.212(b), we have calculated exporter/importer-specific 
assessment rates. We divided the total dumping margins for the reviewed 
sales by their total entered value for each importer. We will direct 
Customs to assess the resulting percentage margins against the entered 
Customs values for the subject merchandise on each of that importer's 
entries under the relevant order during the review period.

Cash Deposit Requirements

    The following deposit requirements will be effective upon 
publication of this notice of final results of administrative review 
for all shipments of SRAMs from Taiwan entered, or withdrawn from 
warehouse, for consumption on or after the date of publication, as 
provided by section 751(a)(1) of the Act: (1) the cash deposit rates 
for the reviewed firms will be the rates shown above; (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 the original less-than-fair-
value (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) the cash deposit rate for all 
other manufacturers or exporters will continue to be 41.75. This rate 
is the ``All Others'' rate from the LTFV investigation.
    These deposit requirements shall remain in effect until publication 
of the final results of the next administrative review.
    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f) 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 doubled antidumping duties.
    This notice also serves as the only reminder to parties subject to 
administrative protective orders (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305 or conversion to 
judicial protective order is hereby requested. Failure to comply with 
the regulations and terms of an APO is a violation which is subject to 
sanction.
    We are issuing and publishing this determination and notice in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: September 5, 2000.
Troy H. Cribb,
Acting Assistant Secretary for Import Administration.

Appendix--Issues in Decision Memo

Comments

1. Facts Available
2. Date of Sale for Certain Transactions Related to a Joint-Venture 
Agreement
3. Unreported Cost Data
4. Ordinary Course of Trade
5. Winbond's Cash Deposit Rate
6. Yields
7. Variances
8. Foreign Exchange Losses Related to Cash Transactions
9. Research and Development Costs
10. Products Produced But Not Sold During the Review Period
11. Bonuses
12. Clerical Errors in Winbond's Calculations
13. Constructed Export Price Offset

[FR Doc. 00-23391 Filed 9-11-00; 8:45 am]
BILLING CODE 3510-DS-P