[Federal Register Volume 69, Number 137 (Monday, July 19, 2004)]
[Notices]
[Pages 42966-42967]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-16243]
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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 August 18, 2003, the United States Court of International
Trade (CIT) issued a decision invalidating certain sets of liquidation
instructions issued by the Department of Commerce (the Department) in
the antidumping proceeding covering entries of dynamic random access
memory semiconductors of one megabit or above (DRAMs) from the Republic
of Korea. See Nissei Sangyo America, Ltd., v. United States, Slip Op.
03-105 (August 18, 2003), Court No. 00-00113 (NSA); Renesas Technology
America, Inc., v. United States, Slip Op. 03-106 (August 18, 2003),
Court No. 00-00114 (Renesas). On September 15, 2003, the Defendant-
Intervenor, Micron Technology, Inc. (Micron), in NSA and Renesas filed
a motion for reconsideration with the Court. On May 3, 2004, the motion
for reconsideration was denied. On July 1, 2004, a motion of appeal was
filed by the Department with the United States Court of Appeals for the
Federal Circuit (CAFC). Consistent with the decision of the CAFC in
Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 1990) (Timken),
the Department is notifying the public that the NSA and Renesas
decisions were ``not in harmony'' with the Department's liquidation
instructions.
DATES: Effective July 19, 2004.
FOR FURTHER INFORMATION CONTACT: Ron Trentham or Tom Futtner, AD/CVD
Enforcement, Office 4, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482-
6320 or (202) 482-3814, respectively.
SUPPLEMENTARY INFORMATION:
Background
On May 6, 1996, the Department published the final results of
administrative review of entries of DRAMs manufactured by LG Semicon
Co., Ltd. (LG), formerly Goldstar Electron Co., Ltd., and Hyundai
Electronics Co., Ltd. (Hyundai), that were imported into the United
States from October 29, 1992, through April 30, 1994 (POR 1). The
Department determined that the dumping margin for sales made by LG
during the period of review (POR) was 0.00 percent. See Dynamic Random
Access Memory Semiconductors of One Megabit or Above from the Republic
of Korea, Final Results of Antidumping Duty Administrative Review, 61
FR 20216 (May 6, 1996).
On January 7, 1997, the Department published the final results of
administrative review of entries of DRAMs manufactured by LG and
Hyundai that were imported into the United States from May 1, 1994,
through April 30, 1995 (POR 2). The Department determined that the
dumping margin for sales made by LG during the POR was 0.01 percent.
See Dynamic Random Access Memory Semiconductors of One Megabit or Above
from the Republic of Korea, Final Results of Antidumping Duty
Administrative Review, 62 FR 965 (January 7, 1997).
Subsequently, Micron filed an action in opposition to dumping
margins calculated in POR 1 and POR 2 for LG. The CIT and the CAFC
sustained the results of the first and second administrative reviews
for LG. See Micron Technology v. United States, 23 CIT 55, 44 F. Supp.
2d 216 (1999); Micron Technology v. United States, 23 CIT 208, 40 F.
Supp.2d 481 (1999), collectively the Micron cases.
At the conclusion of the Micron cases, the Department instructed
U.S. Customs
[[Page 42967]]
and Border Protection (CBP) to assess antidumping duties on NSA's and
Renesas's imports of LG DRAMs during POR 1 and POR 2 at the cash
deposit rate imposed upon entry rather than the rates determined for
the manufacturer in POR 1 and POR 2.
NSA and Renesas filed a complaint with the CIT challenging the
Department's liquidation instructions to CBP concerning entries
produced and exported by LG and imported by NSA and Renesas during POR
1 and POR 2. On August 18, 2003, the CIT remanded these cases ordering
the Department to rescind the liquidation instructions and issue new
instructions instructing CBP to liquidate or re-liquidate NSA's and
Renesas's entries at the antidumping rates covering LG for POR 1 and
POR 2.
As noted above, on September 15, 2003, Micron filed a motion for
reconsideration with the Court and on May 3, 2004, the motion for
reconsideration was denied. On July 1, 2004, a motion of appeal was
filed by the Department with the CAFC.
Timken Notice
In its decision in Timken, the CAFC held that pursuant to
516a(c)(1) and(e) of the Tariff Act of 1930, as amended, the Department
must publish notice of a decision of the CIT which is not in harmony
with the Department's determination. The CIT's decision in NSA and
Renesas were not in harmony with the Department's liquidation
instructions. Therefore, publication of this notice fulfills the
statutory obligation.
Suspension of Liquidation
This notice will serve to continue the suspension of liquidation
pending a final decision by the CAFC. Because the CIT issued an
injunction on March 20, 2000, for NSA and on April 11, 2000, for
Renesas, the Department will continue to suspend liquidation of entries
of DRAMs from the Republic of Korea that (1) were produced and exported
by LG, and imported by NSA and Renesas; (2) were entered or withdrawn
from warehouse, for consumption, from October 29, 1992, through April
30, 1995. The Department will issue liquidation instructions covering
these entries if the CIT's decision is affirmed on appeal.
Dated: July 12, 2004.
Jeffrey A. May,
Deputy Assistant Secretary for Import Administration, Group I.
[FR Doc. 04-16243 Filed 7-16-04; 8:45 am]
BILLING CODE 3510-DS-P