[Federal Register Volume 71, Number 45 (Wednesday, March 8, 2006)]
[Notices]
[Page 11592]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-3298]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-580-851]


Amendment to Countervailing Duty Order on Dynamic Random Access 
Memory Semiconductors From the Republic of Korea

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

EFFECTIVE DATE: March 8, 2006.

FOR FURTHER INFORMATION CONTACT: Steve Williams, AD/CVD Operations, 
Office 1, Import Administration, U.S. Department of Commerce, Room 
3069, 14th Street and Constitution Avenue, NW., Washington, DC 20230; 
telephone: (202) 482-4619; or Matthew Walden, Office of the Chief 
Counsel for Import Administration, Office of the General Counsel, U.S. 
Department of Commerce, 14th Street and Constitution Avenue, NW., 
Washington, DC 20230; telephone: (202) 482-2963.

SUPPLEMENTARY INFORMATION:

Background

    In August 2003, the International Trade Commission (``Commission'') 
determined that an industry in the United States was materially injured 
by reason of subsidized imports of dynamic random access memory 
semiconductors (``DRAMS'') and DRAM modules from the Republic of Korea 
(``Korea''). DRAMS and DRAM Modules from Korea, Inv. No. 701-TA-431 
(Final), USITC Pub. 3616 (Aug. 2003) (``Final Injury Determination''). 
On August 11, 2003, the Department of Commerce (``Department'') 
published a countervailing duty order on DRAMS from Korea. See Notice 
of Countervailing Duty Order: Dynamic Random Access Memory 
Semiconductors from the Republic of Korea, 68 FR 47546 (Aug. 11, 2003) 
(``CVD Order'').
    The Government of Korea subsequently requested dispute resolution 
at the World Trade Organization (``WTO'') to consider, inter alia, its 
claims that the Final Injury Determination was inconsistent with the 
WTO Agreement on Subsidies and Countervailing Measures (``SCM 
Agreement''). The matter was called ``United States - Countervailing 
Duty Investigation on Dynamic Random Access Memory Semiconductors 
(DRAMS) From Korea,'' WT/DS296, and was reviewed by a WTO panel. In its 
final report, the panel found, inter alia, that one aspect of the 
Commission's Final Injury Determination was not in conformity with the 
obligations of the United States under the SCM Agreement. The United 
States did not appeal this finding, although it appealed other aspects 
of the panel report. On July 20, 2005, the WTO Dispute Settlement Body 
(``DSB'') adopted the panel report, as modified by the Appellate Body.
    After following the preliminary procedures required under section 
129 of the Uruguay Round Agreements Act (``URAA''), by letter dated 
October 7, 2005, the United States Trade Representative (``USTR'') 
requested that the Commission issue a determination under section 
129(a)(4) of the URAA that would render the Commission's action in the 
DRAMS investigation not inconsistent with the recommendations and 
rulings of the DSB. In February 2006, the Commission issued such a 
determination, elaborating upon and clarifying the one aspect of the 
Final Injury Determination found to be WTO-inconsistent, and continued 
to determine that the U.S. industry producing DRAMS and DRAM modules 
was materially injured by reason of subsidized imports from Korea. 
DRAMS and DRAM Modules from Korea, Inv. No. 701-TA-431 (Sec. 129), 
USITC Pub. 3839 (Feb. 2006).
    USTR reviewed the Commission's determination under section 129 of 
the URAA and consulted with the Congressional committees as provided in 
section 129(a)(5) of the URAA. By letter dated March 1, 2006, USTR 
notified the Department of the Commission's determination and requested 
that it be implemented.

Amendment to Countervailing Duty Order on Dynamic Random Access Memory 
Semiconductors From the Republic of Korea

    As described above, by letter dated March 1, 2006, USTR notified 
the Department that the Commission has issued a determination pursuant 
to section 129 of the URAA, that renders the Commission's Final Injury 
Determination, under section 705(b) of the Tariff Act of 1930, as 
amended, consistent with the recommendations and rulings of the DSB. In 
its section 129 determination the Commission continued to find that the 
domestic industry producing DRAMS and DRAM modules was materially 
injured by reason of subsidized imports from Korea. Also, pursuant to 
section 129 of the URAA, USTR requested that the Department implement 
the Commission's determination.
    Consequently, the Department hereby amends the countervailing duty 
order on DRAMS from Korea to reflect the issuance and implementation of 
the above-referenced determination under section 129 of the URAA.

    Dated: March 2, 2006.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E6-3298 Filed 3-7-06; 8:45 am]
BILLING CODE 3510-DS-S