[Federal Register Volume 71, Number 90 (Wednesday, May 10, 2006)]
[Notices]
[Page 27278]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-7060]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 701-TA-431 (Remand)]


Drams and Dram Modules From Korea

AGENCY: United States International Trade Commission.

ACTION: Notice.

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SUMMARY: The Commission hereby gives notice that it is inviting parties 
to the referenced proceeding to file comments in the remand proceeding 
ordered by the United States Court of International Trade (CIT). For 
further information concerning the conduct of this proceeding and rules 
of general application, consult the Commission's Rules of Practice and 
Procedure, part 201, subparts A through E (19 CFR part 201), and part 
207, subpart A (19 CFR part 207).

DATES: Effective May 10, 2006.

FOR FURTHER INFORMATION CONTACT: Mary A. Messer (202-205-3193), Office 
of Investigations, or Marc A. Bernstein (202-205-3087), Office of 
General Counsel, U.S. International Trade Commission, 500 E Street, 
SW., Washington, DC 20436. Hearing-impaired persons can obtain 
information on this matter by contacting the Commission's TDD terminal 
on 202-205-1810. Persons with mobility impairments who will need 
special assistance in gaining access to the Commission should contact 
the Office of the Secretary at 202-205-2000. General information 
concerning the Commission may also be obtained by accessing its 
Internet server (http://www.usitc.gov). The public record of 
Investigation No. 701-TA-431 may be viewed on the Commission's 
electronic docket (EDIS) at http://edis.usitc.gov.

SUPPLEMENTARY INFORMATION: 

Background

    In August 2003, the Commission determined that an industry in the 
United States was materially injured by reason of subsidized imports of 
DRAMs and DRAM modules from Korea. Hynix Semiconductor Inc. and Hynix 
Semiconductor America Inc. subsequently instituted an action at the CIT 
challenging the Commission's determination.
    The CIT issued an opinion in the matter on April 13, 2006. Hynix 
Semiconductor Inc. v. United States, Ct. No. 03-00652, Slip Op. 06-52 
(Ct. Int'l Trade Apr. 13, 2006). In its opinion, the CIT remanded the 
matter to the Commission for further consideration of the causal nexus 
between the subject imports and material injury to the domestic DRAMs 
industry in light of changes in the rate of growth of demand. In all 
other respects the CIT affirmed the Commission's opinion.

Participation in the Proceeding

    Only those persons who were interested parties to the original 
investigation (i.e., persons listed on the Commission Secretary's 
service list) may participate in the remand proceedings. Such persons 
need not make any additional filings with the Commission to participate 
in the remand proceedings. Business proprietary information (``BPI'') 
referred to during the remand proceeding will be governed, as 
appropriate, by the administrative protective order issued in the 
original investigation.

Written Submissions

    The Commission is not reopening the record in this proceeding for 
submission of new factual information. The Commission will, however, 
permit the parties to file comments pertaining to the issue on which 
the CIT has remanded this matter. The deadline for filing comments is 
May 25, 2006. Comments shall be limited to no more than twenty (20) 
double-spaced and single-sided pages of textual material.
    The parties may not submit any new factual information and may not 
address any issue other than the impact on the domestic industry of 
changes in the rate of growth of DRAM demand. Comments filed in the 
Commission section 129 consistency proceeding concerning DRAMs and DRAM 
Modules from Korea are not part of the record of these remand 
proceedings. Accordingly, the comments submitted in this remand 
proceeding may not cite or incorporate by reference comments submitted 
in the section 129 consistency proceeding. Any material from the 
comments in the section 129 proceeding that is reproduced and appended 
to or incorporated within the comments filed in these remand 
proceedings will be counted against the 20-page limit for comments.
    All written submissions must conform with the provisions of Sec.  
201.8 of the Commission's rules; any submissions that contain BPI must 
also conform with the requirements of Sec. Sec.  201.6, 207.3, and 
207.7 of the Commission's rules. The Commission's rules do not 
authorize filing of submissions with the Secretary by facsimile or 
electronic means, except to the extent permitted by Sec.  201.8 of the 
Commission's rules, as amended, 67 FR 68036 (November 8, 2002).
    In accordance with Sec. Sec.  201.16(c) and 207.3 of the 
Commission's rules, each document filed by a party to the investigation 
must be served on all other parties to the investigation (as identified 
by either the public or BPI service list), and a certificate of service 
must be timely filed. The Secretary will not accept a document for 
filing without a certificate of service.

    Issued: May 3, 2006.

    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E6-7060 Filed 5-9-06; 8:45 am]
BILLING CODE 7020-02-P