Amendment to Countervailing Duty Order on Dynamic Random Access Memory Semiconductors From the Republic of Korea, 11592 [E6-3298]

Download as PDF 11592 Federal Register / Vol. 71, No. 45 / Wednesday, March 8, 2006 / Notices revocation of this order. We will conduct the sunset review following the procedures outlined in section 751(c) of the Act and 19 CFR 351.218. See Comment 3 in the accompanying Decision Memorandum. This notice serves as advance notification that we will reopen a sunset review approximately 30 days after publication of these final results. This advance notification is not required by statute but is provided as a service to the international trading community. We are issuing and publishing this determination and notice in accordance with sections 751(b) and 777(i)(1) of the Act and 19 CFR 351.216. Dated: March 1, 2006. David M. Spooner, Assistant Secretary for Import Administration. Appendix—Issues in the Decision Memorandum Comment 1: Department’s Authority to Conduct this Review Comment 2: Department’s Authority to Reinstate the Antidumping Duty Order Comment 3: Department’s Authority to Reconsider the Sunset Review which Resulted in Revocation of the Order Comment 4: Allegations of TKS’ Misconduct in the 1998–1999 and 1999–2000 Administrative Reviews Comment 5: Adverse Facts Available Rate Applied to TKS [FR Doc. E6–3295 Filed 3–7–06; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration [C–580–851] erjones on PROD1PC68 with NOTICES 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: VerDate Aug<31>2005 15:53 Mar 07, 2006 Jkt 208001 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 PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 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 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [I.D. 030106C] Advisory Committee to the U.S. Section to the International Commission for the Conservation of Atlantic Tunas (ICCAT); Spring Species Working Group Meeting AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of public meeting. E:\FR\FM\08MRN1.SGM 08MRN1

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[Federal Register Volume 71, Number 45 (Wednesday, March 8, 2006)]
[Notices]
[Page 11592]
From the Federal Register Online via the Government Printing 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