[Federal Register Volume 74, Number 223 (Friday, November 20, 2009)]
[Notices]
[Pages 60238-60240]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-27937]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-580-851]


Dynamic Random Access Memory Semiconductors from the Republic of 
Korea: Final Results of Countervailing Duty Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce
SUMMARY: The Department of Commerce has completed an administrative 
review of the countervailing duty order on dynamic random access memory 
semiconductors from the Republic of

[[Page 60239]]

Korea for the period January 1, 2007, through December 31, 2007. We 
find that Hynix Semiconductor, Inc. received countervailable subsidies 
during the period of review, which result in a de minimis subsidy rate.

EFFECTIVE DATE: November 20, 2009.

FOR FURTHER INFORMATION CONTACT: David Neubacher or Shane Subler, 
Office of AD/CVD Operations, Office 1, Import Administration, 
International Trade Administration, U.S. Department of Commerce, Room 
3069, 14th Street and Constitution Avenue, NW, Washington, DC 20230; 
telephone: (202) 482-5823 and (202) 482-0189, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On August 4, 2009, we published the Preliminary Results of the 
review. See Dynamic Random Access Memory Semiconductors from the 
Republic of Korea: Preliminary Results of Countervailing Duty 
Administrative Review, 74 FR 38579 (August 4, 2009) (``Preliminary 
Results''). No interested parties requested a hearing or submitted 
briefs.

Scope of the Order

    The products covered by the order are dynamic random access memory 
semiconductors (``DRAMS'') from the Republic of Korea (``ROK''), 
whether assembled or unassembled. Assembled DRAMS include all package 
types. Unassembled DRAMS include processed wafers, uncut die, and cut 
die. Processed wafers fabricated in the ROK, but assembled into 
finished semiconductors outside the ROK are also included in the scope. 
Processed wafers fabricated outside the ROK and assembled into finished 
semiconductors in the ROK are not included in the scope.
    The scope of the order additionally includes memory modules 
containing DRAMS from the ROK. A memory module is a collection of 
DRAMS, the sole function of which is memory. Memory modules include 
single in-line processing modules, single in-line memory modules, dual 
in-line memory modules, small outline dual in-line memory modules, 
Rambus in-line memory modules, and memory cards or other collections of 
DRAMS, whether unmounted or mounted on a circuit board. Modules that 
contain other parts that are needed to support the function of memory 
are covered. Only those modules that contain additional items which 
alter the function of the module to something other than memory, such 
as video graphics adapter boards and cards, are not included in the 
scope. The order also covers future DRAMS module types.
    The scope of the order additionally includes, but is not limited 
to, video random access memory and synchronous graphics random access 
memory, as well as various types of DRAMS, including fast page-mode, 
extended data-out, burst extended data-out, synchronous dynamic RAM, 
Rambus DRAM, and Double Data Rate DRAM. The scope also includes any 
future density, packaging, or assembling of DRAMS. Also included in the 
scope of the order are removable memory modules placed on motherboards, 
with or without a central processing unit, unless the importer of the 
motherboards certifies with U.S. Customs and Border Protection 
(``CBP'') that neither it, nor a party related to it or under contract 
to it, will remove the modules from the motherboards after importation. 
The scope of the order does not include DRAMS or memory modules that 
are re-imported for repair or replacement.
    The DRAMS subject to the order are currently classifiable under 
subheadings 8542.21.8005, 8542.21.8020 through 8542.21.8030, and 
8542.32.0001 through 8542.32.0023 of the Harmonized Tariff Schedule of 
the United States (``HTSUS''). The memory modules containing DRAMS from 
the ROK, described above, are currently classifiable under subheadings 
8473.30.1040, 8473.30.1080, 8473.30.1140, and 8473.30.1180 of the 
HTSUS. Removable memory modules placed on motherboards are classifiable 
under subheadings 8443.99.2500, 8443.99.2550, 8471.50.0085, 
8471.50.0150, 8517.30.5000, 8517.50.1000, 8517.50.5000, 8517.50.9000, 
8517.61.0000, 8517.62.0010, 8517.62.0050, 8517.69.0000, 8517.70.0000, 
8517.90.3400, 8517.90.3600, 8517.90.3800, 8517.90.4400, 8542.21.8005, 
8542.21.8020, 8542.21.8021, 8542.21.8022, 8542.21.8023, 8542.21.8024, 
8542.21.8025, 8542.21.8026, 8542.21.8027, 8542.21.8028, 8542.21.8029, 
8542.21.8030, 8542.31.0000, 8542.33.0000, 8542.39.0000, 8543.89.9300, 
and 8543.89.9600 of the HTSUS. Although the HTSUS subheadings are 
provided for convenience and customs purposes, the Department's written 
description of the scope of this order remains dispositive.

Scope Rulings

    On December 29, 2004, the Department received a request from Cisco 
Systems, Inc., to determine whether removable memory modules placed on 
motherboards that are imported for repair or refurbishment are within 
the scope of the order. See Notice of Countervailing Duty Order: 
Dynamic Random Access Memory Semiconductors from the Republic of Korea, 
68 FR 47546 (August 11, 2003) (``CVD Order''). The Department initiated 
a scope inquiry pursuant to 19 CFR 351.225(e) on February 4, 2005. On 
January 12, 2006, the Department issued a final scope ruling, finding 
that removable memory modules placed on motherboards that are imported 
for repair or refurbishment are not within the scope of the CVD Order 
provided that the importer certifies that it will destroy any memory 
modules that are removed for repair or refurbishment. See Memorandum 
from Stephen J. Claeys to David M. Spooner, regarding Final Scope 
Ruling, Countervailing Duty Order on DRAMS from the Republic of Korea 
(January 12, 2006).

Period of Review

    The period for which we are measuring subsidies, i.e., the period 
of review (``POR''), is January 1, 2007, through December 31, 2007.

Final Results of Review

    In accordance with 19 CFR 351.221(b)(4)(i), in the Preliminary 
Results we calculated an individual subsidy rate for Hynix 
Semiconductor, Inc. (``Hynix''), the producer/exporter covered by this 
administrative review. Neither the petitioner, Micron Technology, Inc., 
nor the respondent commented on the Preliminary Results, and we find 
that no changes were warranted.
    Listed below are the programs we examined in the review and our 
findings with respect to each of these programs. For a complete 
analysis of the programs found to be countervailable, not 
countervailable, and terminated, see Preliminary Results.
I. Programs Determined to Confer Subsidies During the POR
    A. GOK Entrustment or Direction Prior to 2004
    B. Operation G-7/HAN Program
    C. 21st Century Frontier R&D Program
    D. Import Duty Reduction Program for Certain Factory Automation 
Items
    E. Import-Export Bank of Korea Import Financing
II. Programs Found Not to Have Been Used or Provided No Benefits During 
the POR
    A. Short-Term Export Financing
    B. Reserve for Research and Human Resources Development (formerly 
Technological Development Reserve) (Article 9 of RSTA /

[[Page 60240]]

formerly, Article 8 of TERCL)
    C. Tax Credit for Investment in Facilities for Productivity 
Enhancement (Article 24 of RSTA /Article 25 of TERCL)
    D. Tax Credit for Investment in Facilities for Special Purposes 
(Article 25 of RSTA)
    E. Reserve for Overseas Market Development (formerly, Article 17 of 
TERCL)
    F. Reserve for Export Loss (formerly, Article 16 of TERCL)
    G. Tax Exemption for Foreign Technicians (Article 18 of RSTA)
    H. Reduction of Tax Regarding the Movement of a Factory That Has 
Been Operated for More Than Five Years (Article 71 of RSTA)
    I. Tax Reductions or Exemption on Foreign Investments under Article 
9 of the Foreign Investment Promotion Act (``FIPA'')/ FIPA (formerly, 
Foreign Capital Inducement Law)
    J. Duty Drawback on Non-Physically Incorporated Items and Excessive 
Loss Rates
    K. Export Insurance
    L. Electricity Discounts Under the RLA Program
    M. Import Duty Reduction for Cutting Edge Products
    N. System IC 2010 Project
    The calculations will be disclosed to the interested parties in 
accordance with 19 CFR 351.224(b).
    We determine that the total estimated net countervailable subsidy 
rate for Hynix for calendar year 2007 is 0.06 percent ad valorem, which 
is de minimis in accordance with 19 CFR 351.106(c)(1). The Department 
will instruct CBP to liquidate shipments of DRAMS by Hynix entered or 
withdrawn from warehouse, for consumption from January 1, 2007, through 
December 31, 2007, without regard to countervailing duties. See 19 CFR 
351.106(c)(1). We intend to issue these instructions 15 days after 
publication of these final results of review.
    On October 3, 2008, the Department published a Federal Register 
notice that, inter alia, revoked this order, effective August 11, 2008. 
See Dynamic Random Access Memory Semiconductors From the Republic of 
Korea: Final Results of Sunset Review and Revocation of Order, 73 FR 
57594 (October 3, 2008). As a result, CBP is no longer suspending 
liquidation for entries of subject merchandise occurring after the 
revocation. Therefore, there is no need to issue new cash deposit 
instructions for these final results of review.
    This notice serves as a reminder to parties subject to 
administrative protective order (``APO'') of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of return or destruction of APO materials or conversion to 
judicial protective order is hereby requested. Failure to comply with 
the regulations and the terms of an APO is a sanctionable violation.
    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: November 13, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
[FR Doc. E9-27937 Filed 11-19-09; 8:45 am]
BILLING CODE 3510-DS-S