[Federal Register Volume 69, Number 75 (Monday, April 19, 2004)]
[Notices]
[Page 20856]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-8801]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-812]


Dynamic Random Access Memory Semiconductors of One Megabit or 
Above From the Republic of Korea: Notice of Court Decision and 
Suspension of Liquidation

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

ACTION: Notice of Court Decision and Suspension of Liquidation.

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SUMMARY: On April 1, 2004, the United States Court of International 
Trade (CIT) affirmed the Department of Commerce's results of 
redetermination on remand of the final results of the seventh 
administrative review of the antidumping duty order on Dynamic Random 
Access Memory Semiconductors of One Megabit or Above (DRAMs) from the 
Republic of Korea (Korea). See Hynix Semiconductor, Inc., v. United 
States, Slip Op. 04-30 (April 1, 2004), Court No. 01-00988 (Hynix III). 
Consistent with the decision of the United States Court of Appeals for 
the Federal Circuit (Federal Circuit) in Timken Co. v. United States, 
893 F.2d 337 (Fed. Cir. 1990) (Timken), the Department of Commerce (the 
Department) is notifying the public that Hynix and the CIT's earlier 
opinion in this case were ``not in harmony'' with the Department's 
original results.

EFFECTIVE DATE: April 19, 2004.

FOR FURTHER INFORMATION CONTACT: Ron Trentham or Tom Futtner, Office 4, 
Group II, AD/CVD Enforcement, Import Administration, International 
Trade Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
6320 and (202) 482-3814, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On October 12, 2001, the Department published a notice of the final 
results of the seventh review of DRAMs from Korea. See Dynamic Random 
Access Memory Semiconductors of One Megabit or Above From the Republic 
of Korea: Final Results of Antidumping Duty Administrative Review, 66 
FR 52097 (October 12, 2001) (Final Results). Subsequent to the 
Department's Final Results, Hynix Semiconductor, Inc., filed a suit in 
the CIT challenging these results. Thereafter, the CIT issued an Order 
and Opinion dated November 24, 2003 in remanding two issues to the 
Department. See, Hynix Semiconductor, Inc. v. United States, 295 F. 
Supp 2d 1365 (CIT 2003) (Hynix II). Pursuant to the CIT's November 24, 
2003 Order and Opinion, the Department filed its remand results on 
December 17, 2003. On April 1, 2004, the CIT affirmed the Department's 
results of redetermination in Hynix III.

Suspension of Liquidation

    In its decision in Timken, the Federal Circuit held that, pursuant 
to 19 U.S.C. 1516a(e), the Department must publish notice of a decision 
of the CIT which is ``not in harmony'' with the Department's Final 
Results. The Federal Circuit also held that the Department must suspend 
liquidation of the subject merchandise until there is a ``conclusive'' 
decision in the case. The CIT's decision in Hynix III and its November 
24, 2003 Order and Opinion in this case were not in harmony with the 
Department's final antidumping duty results of review. Therefore, 
publication of this notice fulfills the obligation imposed upon the 
Department by the decision in Timken. In addition, this notice will 
serve to continue the suspension of liquidation. If this decision is 
not appealed, or if appealed, if it is upheld, the Department will 
publish amended final antidumping duty results.

    Dated: April 9, 2004.
James J. Jochum,
Assistant Secretaryfor Import Administration.
[FR Doc. 04-8801 Filed 4-16-04; 8:45 am]
BILLING CODE 3510-DS-S