Dynamic Random Access Memory Semiconductors from the Republic of Korea: Final Results of Countervailing Duty Administrative Review, 14174-14176 [E6-4071]
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14174
Federal Register / Vol. 71, No. 54 / Tuesday, March 21, 2006 / Notices
180 days after the date on which the
new shipper review was initiated and
final results of a review within 90 days
after the date on which the preliminary
results were issued. The Department
may, however, extend the deadline for
completion of the preliminary results of
a new shipper review to 300 days if it
determines that the case is
extraordinarily complicated. See 19 CFR
351.214(i)(2).
Pursuant to section 751(a)(2)(B)(iv) of
the Act and 19 CFR 351.214(i)(2), the
Department determines that this review
is extraordinarily complicated and that
it is not practicable to complete the new
shipper review within the current time
limit. Specifically, the Department
requires additional time to analyze all
questionnaire responses, to conduct
verification of the responses submitted,
and to examine whether Eastwing’s U.S.
sale was made on a bona fide basis.
Accordingly, the Department is
extending the time limit for the
completion of the preliminary results by
90 days to June 27, 2006, in accordance
with section 751(a)(2)(B)(iv) of the Act
and 19 CFR 351.214(i)(2). The final
results, in turn, will be due 90 days after
the date of issuance of the preliminary
results, unless extended.
We are issuing and publishing this
notice in accordance with sections
751(a)(2) and 777(i)(1) of the Act.
Dated: March 14, 2006.
Stephen J. Claeys,
Deputy Assistant Secretary for Import
Administration.
[FR Doc. E6–4068 Filed 3–20–06; 8:45 am]
BILLING CODE 3510–DS–S
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
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On September 15, 2005, the
Department of Commerce (‘‘the
Department’’) published in the Federal
Register its preliminary results of
administrative review of the
countervailing duty order on dynamic
random access memory semiconductors
(‘‘DRAMS’’) from the Republic of Korea
(‘‘Korea’’) for the period April 7, 2003,
through December 31, 2003. This review
covers one company, Hynix
Semiconductor, Inc. (‘‘Hynix’’).
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We gave interested parties an
opportunity to comment on the
preliminary results. Based on
information received since the
preliminary results and our analysis of
the comments received, the Department
has revised the net subsidy rate for
Hynix. The final net subsidy rate for the
reviewed company is listed below in the
section entitled ‘‘Final Results of
Review.’’
EFFECTIVE DATE: March 21, 2006.
FOR FURTHER INFORMATION CONTACT:
Ryan Langan, Natalie Kempkey, or
Andrew McAllister, AD/CVD
Operations, Office 1, Import
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW, Washington, DC 20230;
telephone: (202) 482–2613, (202) 482–
1698, or (202) 482–1174, respectively.
SUPPLEMENTARY INFORMATION:
Background
Since the publication of the
preliminary results of this review (see
Dynamic Random Access Memory
Semiconductors from the Republic of
Korea: Preliminary Results of
Countervailing Duty Administrative
Review, 70 FR 54525 (September 15,
2005) (‘‘Preliminary Results’’)), the
following events have occurred: On
September 16, 2005, the Department
had a disclosure meeting with Micron
Technology, Inc. (‘‘Micron’’) regarding
the Preliminary Results calculations (see
Memorandum to the File, ‘‘Disclosure
Meeting with Counsel for Micron
Technology Inc.,’’ dated September 16,
2005). Also, on September 16, the
Department revised its August 31, 2005,
calculation memorandum (see
Memorandum to the File, ‘‘Revision of
the Preliminary Determination
Calculation Memorandum,’’ dated
September 16, 2005).
On October 18, 2005, the Department
met with officials from Micron and
Infineon Technologies North America
Corp. to discuss alleged irregularities
with regard to Hynix’s payment of
countervailing duties (understating
entered value). See Memorandum to the
File, ‘‘Meeting with Counsel for Micron
Technology, Inc. and Infineon
Technologies North America Corp.,’’
dated October 20, 2005. As a follow up
to the October 18, 2005, meeting, on
November 2, 2005, Micron submitted a
letter requesting the Department to
further investigate Hynix’s alleged
understatement of entered value.
We invited interested parties to
comment on the Preliminary Results. On
October 24, 2005, we received a case
brief and request for a hearing from
Hynix and case briefs from Micron and
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the Government of Korea (‘‘GOK’’). We
received rebuttal briefs from Micron and
Hynix on November 7, 2005. On
November 14, 2005, Micron submitted
comments on the bracketing of Hynix’s
October 24, 2005, case brief.
On November 16, 2005, we extended
the time limit for the final results of this
administrative review by 60 days (to
March 14, 2006), pursuant to section
751(a)(3)(A) of the Tariff Act of 1930, as
amended (‘‘the Act’’). (See Dynamic
Random Access Memory
Semiconductors from the Republic of
Korea: Notice of Extension of Time Limit
for Countervailing Duty Administrative
Review, 70 FR 69514 (November 16,
2005)).
On November 30, 2005, the
Department provided Hynix the
opportunity to submit any additional
information regarding shipments of
subject merchandise to a foreign trade
zone (‘‘FTZ’’).
On December 6, 2005, the Department
asked Micron to identify alleged
inconsistencies in Hynix’s bracketing.
On December 7, 2005, Micron responsed
to the Department’s December 6, 2005,
letter. On December 9, 2005, the
Department rejected Hynix’ October 24,
2005, case brief due to improper
bracketing and requested that Hynix
resubmit its case brief. On December 12,
2005, Hynix resubmitted its October 24,
2005, case brief with revised bracketing.
On December 14, 2005, Hynix re–filed
its December 12, 2005, case brief with
additional bracketing revisions.
On December 14, 2005, Hynix also
provided a response to the Department’s
November 30, 2005, letter regarding the
company’s shipments to an FTZ. On
December 23, 2005, the Department
gave Micron the opportunity to submit
comments on the new factual
information contained in Hynix’
November 7, 2005, rebuttal brief. On
December 30, 2005, Micron submitted
comments in response to the
Department’s December 23, 2005, letter.
A public hearing was held at the
Department on January 10, 2006.
Scope of the Order
The products covered by this order
are dynamic random access memory
semiconductors (DRAMS) from Korea,
whether assembled or unassembled.
Assembled DRAMS include all package
types. Unassembled DRAMS include
processed wafers, uncut die, and cut
die. Processed wafers fabricated in
Korea, but assembled into finished
semiconductors (DRAMS) outside Korea
are also included in the scope.
Processed wafers fabricated outside
Korea and assembled into finished
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Federal Register / Vol. 71, No. 54 / Tuesday, March 21, 2006 / Notices
semiconductors in Korea are not
included in the scope.
The scope of this order additionally
includes memory modules containing
DRAMS from Korea. 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.
This order also covers future DRAMS
module types.
The scope of this order additionally
includes, but is not limited to, video
random access memory, and
synchronous graphics ram, 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 this 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 or, consistent with the
Memorandum from Stephen J. Claeys to
David M. Spooner, ‘‘Final Scope
Ruling,’’ dated January 12, 2006, unless
the importer of the motherboards
certifies with CBP that the motherboard
is being imported for repair or
refurbishment, and that neither it, nor a
party related to it or under contract to
it, will remove the modules from the
motherboards after importation, except
as necessary in the course of repair or
refurbishment of the motherboards, in
which case any subject memory
modules removed from the
motherboards will be destroyed.
The scope of this order does not
include DRAMS or memory modules
that are re–imported for repair or
replacement, as stated in the Final
Scope Ruling, provided that the
importing company can demonstrate
that the DRAMS or memory modules are
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19:01 Mar 20, 2006
Jkt 208001
being re–imported for repair or
replacement to the satisfaction of CBP.
The DRAMS subject to this order are
currently classifiable under subheadings
8542.21.8005 and 8542.21.8020 through
8542.21.8030 of the Harmonized Tariff
Schedule of the United States
(‘‘HTSUS’’). The memory modules
containing DRAMS from Korea,
described above, are currently
classifiable under subheadings
8473.30.10.40 and 8473.30.10.80 of the
HTSUS. Removable memory modules
placed on motherboards, described
above, are classifiable under subheading
8471.50.0085, 8517.30.5000,
8517.50.1000, 8517.50.5000,
8517.50.9000, 8517.90.3400,
8517.90.3600, 8517.90,3800,
8517.90.4400 and 8543.89.9600.
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. (‘‘Cisco’’), to
determine whether removable memory
modules placed on motherboards that
are imported for repair or refurbishment
are within the scope of the
countervailing duty (‘‘CVD order’’). The
Department initiated a scope inquiry
pursuant to 19 CFR 351.225(e) on
February 4, 2005. On June 16, 2005, the
Department issued a preliminary scope
ruling, finding that removable memory
modules placed on motherboards that
are imported for repair or refurbishment
are within the scope of the CVD order.
See Memorandum from Julie H.
Santoboni to Barbara E. Tillman,
‘‘Preliminary Scope Ruling,’’ dated June
16, 2005. On July 5, 2005, and July 22,
2005, comments on the preliminary
scope ruling were received from Cisco.
On July 6, 2005, and July 15, 2005,
comments were received from Micron.
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 if the
importer certifies that it will destroy any
memory modules that are removed
during repair or refurbishment. See
Final Scope Ruling. The scope of the
CVD order was clarified to CBP in
message number 6037201, dated
February 6, 2006.
Period of Review
The period for which we are
measuring subsidies, i.e., the period of
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14175
review (‘‘POR’’), is April 7, 2003,
through December 31, 2003.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs by parties to these
administrative reviews are addressed in
the March 14, 2006, Issues and Decision
Memorandum for the Final Results in
the First Administrative Review of the
Countervailing Duty Order on Dynamic
Random Access Memory
Semiconductors from the Republic of
Korea (‘‘Decision Memorandum’’) to
David M. Spooner, Assistant Secretary
for Import Administration, which is
hereby adopted by this notice. Attached
to this notice as an appendix is a list of
the issues which parties have raised and
to which we have responded in the
Decision Memorandum. Parties can find
a complete discussion of all issues
raised in these reviews and the
corresponding recommendations in this
public memorandum, which is on file in
the Department’s Central Records Unit,
Room B–099 of the main Department
building. In addition, a complete
version of the Decision Memorandum
can be accessed directly on the Internet
at https://ia.ita.doc.gov/frn/.
The paper copy and electronic version
of the Decision Memorandum are
identical in content.
Final Results of Review
In accordance with 19 CFR
351.221(b)(5), we calculated an
individual subsidy rate for the
producer/exporter, Hynix, subject to
this review. For the period April 7,
2003, through December 31, 2003, we
find the net subsidy ad valorem rate for
Hynix is 58.22 percent.
Assessment Rates
The Department will instruct CBP,
within 15 days of publication of these
final results, to liquidate shipments of
DRAMS by Hynix entered or withdrawn
from warehouse, for consumption from
April 7, 2003, through December 31,
2003, at 58.22 percent ad valorem of the
F.O.B. invoice price. We will also
instruct CBP to take into account the
‘‘provisional measures cap’’ in
accordance with 19 CFR 351.212(d).
Cash Deposits
The Department also intends to
instruct CBP to collect cash deposits of
estimated countervailing duties at 58.22
percent ad valorem of the F.O.B. invoice
price on all shipments of the subject
merchandise from Hynix, entered, or
withdrawn from warehouse, for
consumption on or after the date of
publication of the final results of this
administrative review.
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Federal Register / Vol. 71, No. 54 / Tuesday, March 21, 2006 / Notices
We will instruct CBP to continue to
collect cash deposits for non–reviewed
companies covered by this order at the
most recent company–specific rate
applicable to the company. Accordingly,
the cash deposit rate that will be
applied to non–reviewed companies
covered by this order will be the rate for
that company established in the
investigation. See Notice of Amended
Final Affirmative Countervailing Duty
Determination: Dynamic Random
Access Memory Semiconductors from
the Republic of Korea, 68 FR 44290 (July
28, 2003). The ‘‘all others’’ rate shall
apply to all non–reviewed companies
until a review of a company assigned
this rate is requested. The Department
has previously excluded Samsung
Electronics Co., Ltd. from this order. Id.
This notice also 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/
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.
This administrative review and notice
are issued and published in accordance
with section 751(a)(1) of the Act.
Dated: March 14, 2006.
David M. Spooner,
Assistant Secretary for Import
Administration.
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APPENDIX I
Comments in the Issues and Decision
Memorandum
Comment 1: Entrustment or Direction of
the December 2002 Restructuring
A. Government of Korea Policy
Towards Hynix
B. Government of Korea Influence of
Creditors
C. Government of Korea’s Influence
over the Creditors’ Council
D. The Deutsche Bank Report
Comment 2: Whether the December
2002 Restructuring Was Commercial
Comment 3: Entrustment or Direction of
the October 2001 Restructuring
Comment 4: Private and Foreign Banks
as Benchmarks
Comment 5: Hynix’s Equityworthiness
Comment 6: Hynix’s Creditworthiness
Comment 7: Ministerial Error Regarding
Financing from Foreign Banks
Comment 8: Ministerial Error Regarding
KDB Fast Track Bonds
Comment 9: Adjustment of Benefit to
Account for Sale of Hynix’s Subsidiaries
Comment 10: Benefits Relating to
Creditors Exercising Appraisal Rights
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Comment 11: Ministerial Errors
Regarding Benchmarks
Comment 12: Value of October 2001 and
December 2002 Equity
Comment 13: Timing of Benefits from
the December 2002 Restructuring
Comment 14: Benchmark for
Creditworthy Companies / Discount
Rate for Debt Forgiveness
Comment 15: Ministerial Errors
Regarding G7/Highly Advanced
National Program
Comment 16: Evasion of the
Countervailing Duty Order
Comment 17: Hynix and the
Government of Korea’s Cooperation and
Disclosure of Information
Dated: March 15, 2006.
J. Marc Chittum,
Executive Secretary, U.S. Travel and Tourism
Advisory Board.
[FR Doc. E6–4082 Filed 3–20–06; 8:45 am]
[FR Doc. E6–4071 Filed 3–20–06; 8:45 am]
AGENCY:
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
U.S. Travel and Tourism Advisory
Board: Meeting of the U.S. Travel and
Tourism Advisory Board
International Trade
Administration, Commerce.
ACTION: Notice of an open meeting.
AGENCY:
The U.S. Travel and Tourism
Advisory Board (Board) will hold a
meeting to discuss a Gulf Coast
Recovery Plan and a Travel and
Tourism Strategic Plan. The Board was
established on October 1, 2003, and
reconstituted on October 1, 2005, to
advise the Secretary of Commerce on
matters relating to the travel and
tourism industry.
DATES: April 12, 2006.
Time: 3 p.m. to 4:30 p.m. (e.s.t.)
ADDRESSES: Room 4832, U.S.
Department of Commerce, 1401
Constitution Avenue, NW., Washington,
DC 20230. This program will be
physically accessible to people with
disabilities. Seating is limited and will
be on a first come, first served basis.
Because of building security, all nongovernment attendees must pre-register.
Requests for sign language
interpretation, other auxiliary aids, or
pre-registration, should be submitted no
later than April 3, 2006, to J. Marc
Chittum, U.S. Travel and Tourism
Advisory Board, Room 4043, 1401
Constitution Avenue, NW., Washington,
DC 20230, 202–482–4501,
Marc.Chittum@mail.doc.gov.
SUMMARY:
J.
Marc Chittum, U.S. Travel and Tourism
Advisory Board, Room 4043, 1401
Constitution Avenue, NW., Washington,
DC 20230, 202–482–4501,
Marc.Chittum@mail.doc.gov.
FOR FURTHER INFORMATION CONTACT:
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BILLING CODE 3510–DR–P
DEPARTMENT OF COMMERCE
International Trade Administration
North American Free Trade Agreement
(NAFTA), Article 1904 Binational Panel
Reviews: Correction of Notice of
Consent Motion to Dismiss Panel
Review, published on March 14, 2006
NAFTA Secretariat, United
States Section, International Trade
Administration, Department of
Commerce.
ACTION: Correction of Notice of Consent
Motion to Dismiss the Panel Review
should have read ‘‘of the final
affirmative countervailing duty
determination made by the International
Trade Administration’’, respecting
Certain Durum Wheat and Hard Red
Spring Wheat from Canada (Secretariat
File No. USA–CDA–2003–1904–05).
Dated: March 15, 2006.
Caratina L. Alston,
United States Secretary, NAFTA Secretariat.
[FR Doc. E6–4010 Filed 3–20–06; 8:45 am]
BILLING CODE 3510–GT–P
DEPARTMENT OF COMMERCE
International Trade Administration
Market Economy Inputs Practice in
Antidumping Proceedings involving
Non-Market Economy Countries
Import Administration,
International Trade Administration,
Department of Commerce.
ACTION: Request for Comments
AGENCY:
SUMMARY: The Department of Commerce
(‘‘the Department’’) is considering
amending its regulations with respect to
the use of market economy inputs in the
calculation of normal value in
antidumping proceedings involving
non–market economy (‘‘NME’’)
countries. Specifically, in cases where
an NME producer sources an input from
both market–economy suppliers and
from within the NME, this regulatory
change would increase the Department’s
flexibility to value the input by weight–
averaging the market economy purchase
price with an appropriate surrogate
value. The Department also intends to
introduce an interim change in its
practice that is consistent with the
Department’s regulations. Interested
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]]>Agencies
[Federal Register Volume 71, Number 54 (Tuesday, March 21, 2006)]
[Notices]
[Pages 14174-14176]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-4071]
-----------------------------------------------------------------------
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: On September 15, 2005, the Department of Commerce (``the
Department'') published in the Federal Register its preliminary results
of administrative review of the countervailing duty order on dynamic
random access memory semiconductors (``DRAMS'') from the Republic of
Korea (``Korea'') for the period April 7, 2003, through December 31,
2003. This review covers one company, Hynix Semiconductor, Inc.
(``Hynix'').
We gave interested parties an opportunity to comment on the
preliminary results. Based on information received since the
preliminary results and our analysis of the comments received, the
Department has revised the net subsidy rate for Hynix. The final net
subsidy rate for the reviewed company is listed below in the section
entitled ``Final Results of Review.''
EFFECTIVE DATE: March 21, 2006.
FOR FURTHER INFORMATION CONTACT: Ryan Langan, Natalie Kempkey, or
Andrew McAllister, AD/CVD Operations, Office 1, Import Administration,
U.S. Department of Commerce, 14th Street and Constitution Avenue, NW,
Washington, DC 20230; telephone: (202) 482-2613, (202) 482-1698, or
(202) 482-1174, respectively.
SUPPLEMENTARY INFORMATION:
Background
Since the publication of the preliminary results of this review
(see Dynamic Random Access Memory Semiconductors from the Republic of
Korea: Preliminary Results of Countervailing Duty Administrative
Review, 70 FR 54525 (September 15, 2005) (``Preliminary Results'')),
the following events have occurred: On September 16, 2005, the
Department had a disclosure meeting with Micron Technology, Inc.
(``Micron'') regarding the Preliminary Results calculations (see
Memorandum to the File, ``Disclosure Meeting with Counsel for Micron
Technology Inc.,'' dated September 16, 2005). Also, on September 16,
the Department revised its August 31, 2005, calculation memorandum (see
Memorandum to the File, ``Revision of the Preliminary Determination
Calculation Memorandum,'' dated September 16, 2005).
On October 18, 2005, the Department met with officials from Micron
and Infineon Technologies North America Corp. to discuss alleged
irregularities with regard to Hynix's payment of countervailing duties
(understating entered value). See Memorandum to the File, ``Meeting
with Counsel for Micron Technology, Inc. and Infineon Technologies
North America Corp.,'' dated October 20, 2005. As a follow up to the
October 18, 2005, meeting, on November 2, 2005, Micron submitted a
letter requesting the Department to further investigate Hynix's alleged
understatement of entered value.
We invited interested parties to comment on the Preliminary
Results. On October 24, 2005, we received a case brief and request for
a hearing from Hynix and case briefs from Micron and the Government of
Korea (``GOK''). We received rebuttal briefs from Micron and Hynix on
November 7, 2005. On November 14, 2005, Micron submitted comments on
the bracketing of Hynix's October 24, 2005, case brief.
On November 16, 2005, we extended the time limit for the final
results of this administrative review by 60 days (to March 14, 2006),
pursuant to section 751(a)(3)(A) of the Tariff Act of 1930, as amended
(``the Act''). (See Dynamic Random Access Memory Semiconductors from
the Republic of Korea: Notice of Extension of Time Limit for
Countervailing Duty Administrative Review, 70 FR 69514 (November 16,
2005)).
On November 30, 2005, the Department provided Hynix the opportunity
to submit any additional information regarding shipments of subject
merchandise to a foreign trade zone (``FTZ'').
On December 6, 2005, the Department asked Micron to identify
alleged inconsistencies in Hynix's bracketing. On December 7, 2005,
Micron responsed to the Department's December 6, 2005, letter. On
December 9, 2005, the Department rejected Hynix' October 24, 2005, case
brief due to improper bracketing and requested that Hynix resubmit its
case brief. On December 12, 2005, Hynix resubmitted its October 24,
2005, case brief with revised bracketing. On December 14, 2005, Hynix
re-filed its December 12, 2005, case brief with additional bracketing
revisions.
On December 14, 2005, Hynix also provided a response to the
Department's November 30, 2005, letter regarding the company's
shipments to an FTZ. On December 23, 2005, the Department gave Micron
the opportunity to submit comments on the new factual information
contained in Hynix' November 7, 2005, rebuttal brief. On December 30,
2005, Micron submitted comments in response to the Department's
December 23, 2005, letter.
A public hearing was held at the Department on January 10, 2006.
Scope of the Order
The products covered by this order are dynamic random access memory
semiconductors (DRAMS) from Korea, whether assembled or unassembled.
Assembled DRAMS include all package types. Unassembled DRAMS include
processed wafers, uncut die, and cut die. Processed wafers fabricated
in Korea, but assembled into finished semiconductors (DRAMS) outside
Korea are also included in the scope. Processed wafers fabricated
outside Korea and assembled into finished
[[Page 14175]]
semiconductors in Korea are not included in the scope.
The scope of this order additionally includes memory modules
containing DRAMS from Korea. 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.
This order also covers future DRAMS module types.
The scope of this order additionally includes, but is not limited
to, video random access memory, and synchronous graphics ram, 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 this
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
or, consistent with the Memorandum from Stephen J. Claeys to David M.
Spooner, ``Final Scope Ruling,'' dated January 12, 2006, unless the
importer of the motherboards certifies with CBP that the motherboard is
being imported for repair or refurbishment, and that neither it, nor a
party related to it or under contract to it, will remove the modules
from the motherboards after importation, except as necessary in the
course of repair or refurbishment of the motherboards, in which case
any subject memory modules removed from the motherboards will be
destroyed.
The scope of this order does not include DRAMS or memory modules
that are re-imported for repair or replacement, as stated in the Final
Scope Ruling, provided that the importing company can demonstrate that
the DRAMS or memory modules are being re-imported for repair or
replacement to the satisfaction of CBP.
The DRAMS subject to this order are currently classifiable under
subheadings 8542.21.8005 and 8542.21.8020 through 8542.21.8030 of the
Harmonized Tariff Schedule of the United States (``HTSUS''). The memory
modules containing DRAMS from Korea, described above, are currently
classifiable under subheadings 8473.30.10.40 and 8473.30.10.80 of the
HTSUS. Removable memory modules placed on motherboards, described
above, are classifiable under subheading 8471.50.0085, 8517.30.5000,
8517.50.1000, 8517.50.5000, 8517.50.9000, 8517.90.3400, 8517.90.3600,
8517.90,3800, 8517.90.4400 and 8543.89.9600. 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. (``Cisco''), to determine whether removable memory
modules placed on motherboards that are imported for repair or
refurbishment are within the scope of the countervailing duty (``CVD
order''). The Department initiated a scope inquiry pursuant to 19 CFR
351.225(e) on February 4, 2005. On June 16, 2005, the Department issued
a preliminary scope ruling, finding that removable memory modules
placed on motherboards that are imported for repair or refurbishment
are within the scope of the CVD order. See Memorandum from Julie H.
Santoboni to Barbara E. Tillman, ``Preliminary Scope Ruling,'' dated
June 16, 2005. On July 5, 2005, and July 22, 2005, comments on the
preliminary scope ruling were received from Cisco. On July 6, 2005, and
July 15, 2005, comments were received from Micron.
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 if the importer certifies that it will destroy any memory
modules that are removed during repair or refurbishment. See Final
Scope Ruling. The scope of the CVD order was clarified to CBP in
message number 6037201, dated February 6, 2006.
Period of Review
The period for which we are measuring subsidies, i.e., the period
of review (``POR''), is April 7, 2003, through December 31, 2003.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties to
these administrative reviews are addressed in the March 14, 2006,
Issues and Decision Memorandum for the Final Results in the First
Administrative Review of the Countervailing Duty Order on Dynamic
Random Access Memory Semiconductors from the Republic of Korea
(``Decision Memorandum'') to David M. Spooner, Assistant Secretary for
Import Administration, which is hereby adopted by this notice. Attached
to this notice as an appendix is a list of the issues which parties
have raised and to which we have responded in the Decision Memorandum.
Parties can find a complete discussion of all issues raised in these
reviews and the corresponding recommendations in this public
memorandum, which is on file in the Department's Central Records Unit,
Room B-099 of the main Department building. In addition, a complete
version of the Decision Memorandum can be accessed directly on the
Internet at https://ia.ita.doc.gov/frn/. The paper copy and
electronic version of the Decision Memorandum are identical in content.
Final Results of Review
In accordance with 19 CFR 351.221(b)(5), we calculated an
individual subsidy rate for the producer/exporter, Hynix, subject to
this review. For the period April 7, 2003, through December 31, 2003,
we find the net subsidy ad valorem rate for Hynix is 58.22 percent.
Assessment Rates
The Department will instruct CBP, within 15 days of publication of
these final results, to liquidate shipments of DRAMS by Hynix entered
or withdrawn from warehouse, for consumption from April 7, 2003,
through December 31, 2003, at 58.22 percent ad valorem of the F.O.B.
invoice price. We will also instruct CBP to take into account the
``provisional measures cap'' in accordance with 19 CFR 351.212(d).
Cash Deposits
The Department also intends to instruct CBP to collect cash
deposits of estimated countervailing duties at 58.22 percent ad valorem
of the F.O.B. invoice price on all shipments of the subject merchandise
from Hynix, entered, or withdrawn from warehouse, for consumption on or
after the date of publication of the final results of this
administrative review.
[[Page 14176]]
We will instruct CBP to continue to collect cash deposits for non-
reviewed companies covered by this order at the most recent company-
specific rate applicable to the company. Accordingly, the cash deposit
rate that will be applied to non-reviewed companies covered by this
order will be the rate for that company established in the
investigation. See Notice of Amended Final Affirmative Countervailing
Duty Determination: Dynamic Random Access Memory Semiconductors from
the Republic of Korea, 68 FR 44290 (July 28, 2003). The ``all others''
rate shall apply to all non-reviewed companies until a review of a
company assigned this rate is requested. The Department has previously
excluded Samsung Electronics Co., Ltd. from this order. Id.
This notice also 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/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.
This administrative review and notice are issued and published in
accordance with section 751(a)(1) of the Act.
Dated: March 14, 2006.
David M. Spooner,
Assistant Secretary for Import Administration.
APPENDIX I
Comments in the Issues and Decision Memorandum
Comment 1: Entrustment or Direction of the December 2002 Restructuring
A. Government of Korea Policy Towards Hynix
B. Government of Korea Influence of Creditors
C. Government of Korea's Influence over the Creditors' Council
D. The Deutsche Bank Report
Comment 2: Whether the December 2002 Restructuring Was Commercial
Comment 3: Entrustment or Direction of the October 2001 Restructuring
Comment 4: Private and Foreign Banks as Benchmarks
Comment 5: Hynix's Equityworthiness
Comment 6: Hynix's Creditworthiness
Comment 7: Ministerial Error Regarding Financing from Foreign Banks
Comment 8: Ministerial Error Regarding KDB Fast Track Bonds
Comment 9: Adjustment of Benefit to Account for Sale of Hynix's
Subsidiaries
Comment 10: Benefits Relating to Creditors Exercising Appraisal Rights
Comment 11: Ministerial Errors Regarding Benchmarks
Comment 12: Value of October 2001 and December 2002 Equity
Comment 13: Timing of Benefits from the December 2002 Restructuring
Comment 14: Benchmark for Creditworthy Companies / Discount Rate for
Debt Forgiveness
Comment 15: Ministerial Errors Regarding G7/Highly Advanced National
Program
Comment 16: Evasion of the Countervailing Duty Order
Comment 17: Hynix and the Government of Korea's Cooperation and
Disclosure of Information
[FR Doc. E6-4071 Filed 3-20-06; 8:45 am]
BILLING CODE 3510-DS-S
