[Federal Register Volume 67, Number 9 (Monday, January 14, 2002)]
[Notices]
[Pages 1718-1719]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-888]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-583-827]


Static Random Access Memory Semiconductors From Taiwan: Notice of 
Revocation of Antidumping Duty Order and Termination of Antidumping 
Duty Administrative Reviews and New Shipper Review

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

SUMMARY: Based on the finding of the U.S. International Trade 
Commission, the Department of Commerce is revoking the antidumping duty 
order covering static random access memory semiconductors from Taiwan 
and terminating the antidumping duty administrative and the new shipper 
reviews.

EFFECTIVE DATE: January 14, 2002.

FOR FURTHER INFORMATION CONTACT: Irina Itkin or Elizabeth Eastwood, AD/
CVD Enforcement Group I, Office II, Import Administration, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street and Constitution Avenue, NW., Washington, DC 20230; telephone: 
(202) 482-0656 or (202) 482-3874, respectively.

SUPPLEMENTARY INFORMATION:

Background

    The Department of Commerce (the Department) published the notice of 
its final less-than-fair-value determination on static random access 
memory semiconductors (SRAMs) from Taiwan on February 23, 1998. See 
Notice of Final Determination of Sales at Less Than Fair Value: Static 
Random Access Memory Semiconductors From Taiwan, 63 FR 8909 (Feb. 23, 
1998). On April 9, 1998, the U.S. International Trade Commission (ITC) 
made its final affirmative determination that a U.S. industry was being 
materially injured by reason of imports of the subject merchandise. The 
Department published the notice of its amended final affirmative less-
than-fair-value determination on SRAMs from Taiwan on April 16, 1998. 
See Notice of Amended Final Determination and Antidumping Duty Order of 
Sales at Less Than Fair Value: Static Random Access Memory 
Semiconductors From Taiwan, 63 FR 18883 (April 16, 1998). Finally, the 
Department published the amended antidumping order covering the subject 
merchandise on April 22, 1998. See Notice of Amended Antidumping Duty 
Order of Sales at Less Than Fair Value: Static Random Access Memory 
Semiconductors From Taiwan, 63 FR 19898 (April 22, 1998).
    Following publication of the amended antidumping duty order, the 
Taiwan Semiconductor Industry Association, an interested party, 
challenged the ITC's final affirmative determination of material injury 
in an action in the U.S. Court of International Trade (CIT). In two 
subsequent decisions, the CIT remanded the case to the ITC. See Taiwan 
Semiconductor Industry Association, et al. v. United States, 59 F. 
Supp. 2d 1324, 1336 (CIT 1999); see also Taiwan Semiconductor Industry 
Association v. United States, 93 F. Supp. 2d 1283 (CIT 2000). On the 
second remand, the ITC determined that an industry in the United States 
is not being materially injured, nor is it threatened with material 
injury, by reason of imports of the subject merchandise. The CIT 
affirmed the ITC's second remand determination on August 29, 2000. See 
Taiwan Semiconductor Industry Association et al. v. United States, 118 
F. Supp. 2d 1250 (CIT 2000).
    The domestic industry (Micron Technology) appealed the CIT decision 
to the CAFC. The CAFC issued a decision on September 21, 2001, 
affirming the CIT's decision upholding the ITC's second remand 
determination. See Taiwan Semiconductor Industry Association, 266 F. 3d 
1339 (CAFC 2001). On November 5, 2001, the ITC filed a petition for 
rehearing at the CAFC. The CAFC denied this petition and issued its 
mandate on December 11, 2001.
    Because this decision is now final, the ITC issued its final 
negative injury determination on December 28, 2001. See Static Random 
Access Memory Semiconductors From Taiwan; Notice of Final Decision 
Affirming Remand Determination, 67 FR 345 (January 3, 2002). 
Accordingly, we are revoking the order with respect to SRAMs from 
Taiwan. In addition, we are terminating the antidumping duty 
administrative reviews and the new shipper review of this order.

Scope of the Order

    The products covered by this order 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 order 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 order 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 order 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

[[Page 1719]]

HTSUS subheadings are provided for convenience and customs purposes, 
the written description of the scope of this proceeding is dispositive.

Determination To Revoke and Termination of Reviews

    Because the ITC has issued a negative injury determination in the 
case of SRAMs from Taiwan, we are revoking the antidumping duty order 
on SRAMs from Taiwan. In addition, we are terminating the 
administrative reviews on SRAMs from Taiwan for the periods April 1, 
1999, through March 31, 2000, and April 1, 2000, through March 31, 
2001, and the new shipper review for the period April 1, 2000, through 
March 31, 2001. Accordingly, we will instruct the Customs Service to 
terminate suspension of liquidation on all entries of SRAMs from Taiwan 
from October 1, 1997, to the present and refund all duties deposited by 
importers plus interest where applicable pursuant to section 778 of the 
Act.
    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 of the 
Department's regulations. Timely notification of the return or 
destruction of APO materials is hereby requested. Failure to comply 
with the regulations and terms of an APO is a violation which is 
subject to sanction.

    Dated: January 8, 2002.
Faryar Shirzad,
Assistant Secretary for Import Administration.
[FR Doc. 02-888 Filed 1-11-02; 8:45 am]
BILLING CODE 3510-DS-P