Dynamic Random Access Memory Semiconductors From the Republic of Korea: Final Results of Sunset Review and Revocation of Order, 57594-57596 [E8-23394]
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57594
Federal Register / Vol. 73, No. 193 / Friday, October 3, 2008 / Notices
of the Issues and Decision Memo are
identical in content.
mstockstill on PROD1PC66 with NOTICES
Continuation of Suspension of
Liquidation
In accordance with section 733(d) of
the Act, the Department will continue to
direct CBP to suspend liquidation and
to require a cash deposit of estimated
duties, at the PRC-wide rate of 112.64
percent, on all unliquidated entries of
certain tissue paper products produced
by Quijiang that were entered, or
withdrawn from warehouse, for
consumption, from on or after
September 5, 2006, the date of initiation
of the circumvention inquiry, with the
exception described below.
For all entries of Quijiang’s tissue
paper products for which the U.S.
importer submits a certification from
Quijiang that the merchandise is nonsubject, (i.e., of Vietnamese-origin and
not produced using PRC-origin jumbo
rolls), the Department will continue to
direct CBP to liquidate those entries
without regard to antidumping duties.
For further discussion of this issue,
please see Comment 2 of the Issues and
Decision Memo. The Department will
not request that CBP suspend
liquidation, or require a cash deposit of
estimated duties at the PRC-wide rate,
for any entries of tissue paper
accompanied by the certification in
Appendix II of this notice. However, the
Department will direct CBP to suspend
liquidation and to require a cash deposit
of estimated duties, at the PRC-wide rate
of 112.64 percent, for any entries of
tissue paper not accompanied by this
certification in Appendix II of this
notice.
Concurrent and Future Administrative
Reviews
Because we have reached a final
affirmative determination of
circumvention, as stipulated in the
Preliminary Determination, 73 FR at
21587, with respect to Quijiang, we are
expanding the period of review for the
third administrative review, initiated on
April 25, 2008 date, back to September
5, 2006, the date of initiation of the
circumvention inquiry, to include all of
Quijiang’s entries covered by this
determination. See Initiation of
Antidumping and Countervailing Duty
Administrative Reviews and Request for
Revocation in Part, 73 FR 22337, (April
25, 2008). In concordance with this
finding of circumvention, the review
period of that segment of the proceeding
will be expanded as of the date of
issuance of this final determination with
respect to Quijiang’s entries. In
accordance with the certifications
provided to CBP by Quijiang, all
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23:33 Oct 02, 2008
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certified entries are subject to
verification by the Department,
including those that entered into the
United States during the expanded third
administrative review. In conducting a
review of these certified entries, the
Department will examine all records
Quijiang maintains in its normal course
of business supporting its certifications
that no PRC-origin jumbo rolls were
used in the production of Vietnameseorigin tissue paper products. Consistent
with the terms of the certifications
submitted by Quijiang, if Quijiang elects
not to participate in the administrative
review or does not consent to
verification of these certified entries, we
will immediately revoke the
certification program and instruct CBP
to suspend liquidation and collect cash
deposits at the PRC-wide rate of 112.64
percent on all of Quijiang’s entries of
tissue paper, regardless of country of
origin.
Notice to Parties
This notice also serves as the only
reminder to parties subject to the
administrative protective orders
(‘‘APO’’) of their responsibility
concerning the return or destruction of
proprietary information disclosed under
APO in accordance with section 351.305
of the Department’s regulations. Timely
written notification of the return/
destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and terms of an
APO is a violation which is subject to
sanction.
This affirmative final circumvention
determination is published in
accordance with section 781(b) of the
Act and 19 CFR 351.225.
and subject to this certification were not
produced from Chinese origin jumbo rolls.
2. By signing this certificate, Vietnam
Quijiang also hereby agrees to maintain
sufficient documentation supporting the
above statement such as country of origin
certificates for all jumbo rolls used to process
the exported certain tissue paper products.
Further, Vietnam Quijiang agrees to submit to
verification of the underlying documentation
supporting the above statement. Vietnam
Quijiang agrees that failure to submit to
verification of the documentation supporting
these statements will result in immediate
revocation of certification rights and that
Vietnam Quijiang will be required to post a
cash deposit equal to the China-wide entity
rate on all entries of certain tissue paper
products. In addition, if the Department of
Commerce identifies any misrepresentation
or inconsistencies regarding the
certifications, Vietnam Quijiang recognizes
that the matter may be reported to the U.S.
Customs and Border Protection by the
Department for possible enforcement action.
Signature:
Printed Name:
Title:
[FR Doc. E8–22715 Filed 10–2–08; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–580–851]
Dynamic Random Access Memory
Semiconductors From the Republic of
Korea: Final Results of Sunset Review
and Revocation of Order
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On July 1, 2008, the
Department of Commerce (‘‘the
Department’’) published in the Federal
Register the notice of initiation of the
Dated: September 19, 2008.
five-year sunset review of the
David M. Spooner,
countervailing duty order on dynamic
Assistant Secretary for Import
random access memory semiconductors
Administration.
(‘‘DRAMS’’) from the Republic of Korea
(‘‘ROK’’), pursuant to section 751(c) of
Appendix I
the Tariff Act of 1930, as amended (‘‘the
Discussion of the Issues
Act’’). Because the domestic interested
Comment 1: Total Adverse Facts Available
party did not file a substantive response
(‘‘AFA’’) for Quijiang
by the applicable deadline and has
Comment 2: Clerical Error in Value-Added
withdrawn its notice of intent to
Calculation
participate in this sunset review, the
Comment 3: Cash Deposits and Suspension
Department is revoking this
of Liquidation
countervailing duty order.
Appendix II
DATES: Effective Date: August 11, 2008.
Certification of Vietnam Quijiang Paper Co.,
FOR FURTHER INFORMATION CONTACT:
Ltd.
Shane Subler or David Neubacher,
lllllllllllllllllllll Import Administration, International
Trade Administration, U.S. Department
Certification to U.S. Customs and Border
of Commerce, 14th Street and
Protection
Constitution Avenue, NW., Washington,
1. Vietnam Quijiang Paper Co., Ltd.
(‘‘Vietnam Quijiang’’) hereby certifies that the DC 20230; telephone: (202) 482–0189 or
(202) 482–5823, respectively.
certain tissue paper products being exported
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AGENCY:
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Federal Register / Vol. 73, No. 193 / Friday, October 3, 2008 / Notices
SUPPLEMENTARY INFORMATION:
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Background
On August 11, 2003, the Department
issued a countervailing duty order on
DRAMS from the ROK (68 FR 47546).
See Notice of Countervailing Duty
Order: Dynamic Random Access
Memory Semiconductors From the
Republic of Korea, 68 FR 47546 (August
11, 2003) (‘‘CVD Order’’). On July 1,
2008, the Department initiated a sunset
review of this order. See Initiation of
Five-year (‘‘Sunset’’) Review, 73 FR
37411 (July 1, 2008).
On July 16, 2008, we received a notice
of intent to participate from Micron
Technology, Inc. (‘‘Micron’’), a domestic
interested party. On July 22, 2008, we
informed the U.S. International Trade
Commission (‘‘ITC’’) that there was
domestic interest in continuation of the
order. However, Micron did not file a
substantive response by July 31, 2008,
which was 30 days after the date of
publication of the initiation notice in
the Federal Register. Also, on August 1,
2008, Micron submitted a letter stating
that it was withdrawing its notice of
intent to participate in this sunset
review. On August 19, 2008, we notified
the ITC that we did not receive a
substantive response from the domestic
interested party by the applicable
deadline and that we intend to revoke
the order not later than 90 days after the
initiation of the sunset review.
Scope of the Order
The products covered by this order
are DRAMS from the 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 this 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
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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 random access
memory, as well as various types of
DRAMS, including fast page-mode,
extended data-out, burst extended dataout, 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 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 this order does not include
DRAMS or memory modules that are reimported for repair or replacement.
The DRAMS subject to this 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. However,
the product description, and not the
HTSUS classification, is dispositive of
whether merchandise imported into the
United States falls within the scope.
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57595
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 order. See
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).
Determination To Revoke
Pursuant to section 751(c)(3)(A) of the
Act, 19 CFR 351.218(d)(1)(iii)(B)(3), and
19 CFR 351.218(e)(1)(i)(C)(3), if no
domestic interested party files a notice
of intent to participate in a five-year
review or does not file an adequate
response, the Department shall, within
90 days after the initiation of the review,
issue a final determination revoking the
order. As noted above, the domestic
interested party did not file a
substantive response and withdrew its
original notice of intent to participate.
As a result, no domestic interested party
is participating in this sunset review.
Therefore, consistent with 19 CFR
351.222(i)(1)(i) and section 751(c)(3) of
the Act, we are revoking this
countervailing duty order. The effective
date of revocation is August 11, 2008,
the fifth anniversary of the date on
which the Department published the
countervailing duty order. See 19 CFR
351.222(i)(2)(i).
Effective Date of Revocation
Pursuant to section 751(c)(3)(A) of the
Act and 19 CFR 351.222(i)(2)(i), the
Department will instruct U.S. Customs
and Border Protection to terminate the
suspension of liquidation of the
merchandise subject to this order
entered, or withdrawn from warehouse,
on or after August 11, 2008. Entries of
subject merchandise prior to the
effective date of revocation will
continue to be subject to suspension of
liquidation and antidumping and
countervailing duty deposit
requirements. The Department will
complete any pending administrative
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57596
Federal Register / Vol. 73, No. 193 / Friday, October 3, 2008 / Notices
reviews of this order and will conduct
administrative reviews of subject
merchandise entered prior to the
effective date of revocation in response
to appropriately filed requests for
review.
The five-year (sunset) review and this
notice are in accordance with sections
751(c) and 777(i)(1) of the Act.
Dated: September 29, 2008.
David M. Spooner,
Assistant Secretary for Import
Administration.
[FR Doc. E8–23394 Filed 10–2–08; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–588–861, A–580–850, A–570–879]
Polyvinyl Alcohol From Japan, the
Republic of Korea, and the People’s
Republic of China: Final Results of the
Expedited Sunset Reviews of the
Antidumping Duty Orders
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On June 5, 2008, the
Department of Commerce (the
Department) initiated sunset reviews of
the antidumping duty orders on
polyvinyl alcohol (PVA) from Japan, the
Republic of Korea (Korea), and the
People’s Republic of China (PRC)
pursuant to section 751(c) of the Tariff
Act of 1930, as amended (the Act). The
Department has conducted expedited
(120-day) sunset reviews for these
orders pursuant to 19 CFR
351.218(e)(1)(ii)(C)(2). As a result of
these sunset reviews, the Department
finds that revocation of the antidumping
duty orders would be likely to lead to
continuation or recurrence of dumping.
DATES: Effective Date: October 3, 2008.
FOR FURTHER INFORMATION CONTACT:
Elizabeth Eastwood or Miriam Eqab,
AD/CVD Operations, Office 2, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street & Constitution
Avenue, NW., Washington, DC 20230;
telephone: (202) 482–3874 and (202)
482–3693, respectively.
AGENCY:
SUPPLEMENTARY INFORMATION
mstockstill on PROD1PC66 with NOTICES
Background
On June 5, 2008, the Department
published the notice of initiation of the
sunset reviews of the antidumping duty
orders on PVA from Japan, Korea, and
the PRC pursuant to section 751(c) of
the Act. See Initiation of Five-Year
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23:33 Oct 02, 2008
Jkt 217001
(‘‘Sunset’’) Reviews, 73 FR 31974 (June
5, 2008) (Notice of Initiation).
The Department received notices of
intent to participate from Celanese
Chemicals, Ltd. and E.I. Dupont de
Nemours & Co. (collectively, ‘‘the
domestic interested parties’’) within the
deadline specified in 19 CFR
351.218(d)(1)(i). The companies claimed
interested party status under section
771(9)(C) of the Act as manufacturers of
a domestic like product in the United
States. The Department also received a
notice of intent to participate from two
Japanese respondent interested parties:
The Nippon Synthetic Chemical
Industry Co., Ltd. and Marubeni
Specialty Chemicals Inc. The companies
claimed interested party status under
section 771(9)(A) of the Act as a foreign
producer and a U.S. importer,
respectively, of the subject merchandise.
The Department received complete
substantive responses to the notice of
initiation from the domestic interested
parties within the 30-day deadline
specified in 19 CFR 351.218(d)(3)(i). We
received no substantive responses from
respondent interested parties with
respect to any of the orders covered by
these sunset reviews, nor was a hearing
requested. As a result, pursuant to 19
CFR 351.218(e)(1)(ii)(C)(2), the
Department is conducting expedited
(120-day) sunset reviews of the
antidumping duty orders for Japan,
Korea, and the PRC.
Scope of the Orders
The merchandise covered by these
orders is PVA. This product consists of
all PVA hydrolyzed in excess of 80
percent, whether or not mixed or
diluted with commercial levels of
defoamer or boric acid, except as noted
below.
The following products are
specifically excluded from the scope of
these orders:
(1) PVA in fiber form.
(2) PVA with hydrolysis less than 83
mole percent and certified not for use in
the production of textiles.
(3) PVA with hydrolysis greater than
85 percent and viscosity greater than or
equal to 90 cps.
(4) PVA with a hydrolysis greater than
85 percent, viscosity greater than or
equal to 80 cps but less than 90 cps,
certified for use in an ink jet
application.
(5) PVA for use in the manufacture of
an excipient or as an excipient in the
manufacture of film coating systems
which are components of a drug or
dietary supplement, and accompanied
by an end-use certification.
(6) PVA covalently bonded with
cationic monomer uniformly present on
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Sfmt 4703
all polymer chains in a concentration
equal to or greater than one mole
percent.
(7) PVA covalently bonded with
carboxylic acid uniformly present on all
polymer chains in a concentration equal
to or greater than two mole percent,
certified for use in a paper application.
(8) PVA covalently bonded with thiol
uniformly present on all polymer
chains, certified for use in emulsion
polymerization of non-vinyl acetic
material.
(9) PVA covalently bonded with
paraffin uniformly present on all
polymer chains in a concentration equal
to or greater than one mole percent.
(10) PVA covalently bonded with
silan uniformly present on all polymer
chains certified for use in paper coating
applications.
(11) PVA covalently bonded with
sulfonic acid uniformly present on all
polymer chains in a concentration level
equal to or greater than one mole
percent.
(12) PVA covalently bonded with
acetoacetylate uniformly present on all
polymer chains in a concentration level
equal to or greater than one mole
percent.
(13) PVA covalently bonded with
polyethylene oxide uniformly present
on all polymer chains in a concentration
level equal to or greater than one mole
percent.
(14) PVA covalently bonded with
quaternary amine uniformly present on
all polymer chains in a concentration
level equal to or greater than one mole
percent.
(15) PVA covalently bonded with
diacetoneacrylamide uniformly present
on all polymer chains in a concentration
level greater than three mole percent,
certified for use in a paper application.
The merchandise subject to these
orders is currently classifiable under
subheading 3905.30.00 of the
Harmonized Tariff Schedule of the
United States (HTSUS). Although the
HTSUS subheading is provided for
convenience and customs purposes, the
written description of the scope of these
orders is dispositive.
Analysis of Comments Received
All issues raised in these reviews are
addressed in the ‘‘Issues and Decision
Memorandum for the Expedited Sunset
Reviews of the Antidumping Duty
Orders on Polyvinyl Alcohol from
Japan, the Republic of Korea, and the
People’s Republic of China’’ from
Stephen J. Claeys, Deputy Assistant
Secretary for Import Administration, to
David M. Spooner, Assistant Secretary
for Import Administration (September
29, 2008) (Decision Memo), which is
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]]>Agencies
[Federal Register Volume 73, Number 193 (Friday, October 3, 2008)]
[Notices]
[Pages 57594-57596]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-23394]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-580-851]
Dynamic Random Access Memory Semiconductors From the Republic of
Korea: Final Results of Sunset Review and Revocation of Order
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On July 1, 2008, the Department of Commerce (``the
Department'') published in the Federal Register the notice of
initiation of the five-year sunset review of the countervailing duty
order on dynamic random access memory semiconductors (``DRAMS'') from
the Republic of Korea (``ROK''), pursuant to section 751(c) of the
Tariff Act of 1930, as amended (``the Act''). Because the domestic
interested party did not file a substantive response by the applicable
deadline and has withdrawn its notice of intent to participate in this
sunset review, the Department is revoking this countervailing duty
order.
DATES: Effective Date: August 11, 2008.
FOR FURTHER INFORMATION CONTACT: Shane Subler or David Neubacher,
Import Administration, International Trade Administration, U.S.
Department of Commerce, 14th Street and Constitution Avenue, NW.,
Washington, DC 20230; telephone: (202) 482-0189 or (202) 482-5823,
respectively.
[[Page 57595]]
SUPPLEMENTARY INFORMATION:
Background
On August 11, 2003, the Department issued a countervailing duty
order on DRAMS from the ROK (68 FR 47546). See Notice of Countervailing
Duty Order: Dynamic Random Access Memory Semiconductors From the
Republic of Korea, 68 FR 47546 (August 11, 2003) (``CVD Order''). On
July 1, 2008, the Department initiated a sunset review of this order.
See Initiation of Five-year (``Sunset'') Review, 73 FR 37411 (July 1,
2008).
On July 16, 2008, we received a notice of intent to participate
from Micron Technology, Inc. (``Micron''), a domestic interested party.
On July 22, 2008, we informed the U.S. International Trade Commission
(``ITC'') that there was domestic interest in continuation of the
order. However, Micron did not file a substantive response by July 31,
2008, which was 30 days after the date of publication of the initiation
notice in the Federal Register. Also, on August 1, 2008, Micron
submitted a letter stating that it was withdrawing its notice of intent
to participate in this sunset review. On August 19, 2008, we notified
the ITC that we did not receive a substantive response from the
domestic interested party by the applicable deadline and that we intend
to revoke the order not later than 90 days after the initiation of the
sunset review.
Scope of the Order
The products covered by this order are DRAMS from the 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 this 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. 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 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 this order are removable memory modules placed on
motherboards, with or without a central processing unit, unless the
importer of the motherboards certifies with 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 this order does
not include DRAMS or memory modules that are re-imported for repair or
replacement.
The DRAMS subject to this 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. However, the product description, and
not the HTSUS classification, is dispositive of whether merchandise
imported into the United States falls within the scope.
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 order. See 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).
Determination To Revoke
Pursuant to section 751(c)(3)(A) of the Act, 19 CFR
351.218(d)(1)(iii)(B)(3), and 19 CFR 351.218(e)(1)(i)(C)(3), if no
domestic interested party files a notice of intent to participate in a
five-year review or does not file an adequate response, the Department
shall, within 90 days after the initiation of the review, issue a final
determination revoking the order. As noted above, the domestic
interested party did not file a substantive response and withdrew its
original notice of intent to participate. As a result, no domestic
interested party is participating in this sunset review. Therefore,
consistent with 19 CFR 351.222(i)(1)(i) and section 751(c)(3) of the
Act, we are revoking this countervailing duty order. The effective date
of revocation is August 11, 2008, the fifth anniversary of the date on
which the Department published the countervailing duty order. See 19
CFR 351.222(i)(2)(i).
Effective Date of Revocation
Pursuant to section 751(c)(3)(A) of the Act and 19 CFR
351.222(i)(2)(i), the Department will instruct U.S. Customs and Border
Protection to terminate the suspension of liquidation of the
merchandise subject to this order entered, or withdrawn from warehouse,
on or after August 11, 2008. Entries of subject merchandise prior to
the effective date of revocation will continue to be subject to
suspension of liquidation and antidumping and countervailing duty
deposit requirements. The Department will complete any pending
administrative
[[Page 57596]]
reviews of this order and will conduct administrative reviews of
subject merchandise entered prior to the effective date of revocation
in response to appropriately filed requests for review.
The five-year (sunset) review and this notice are in accordance
with sections 751(c) and 777(i)(1) of the Act.
Dated: September 29, 2008.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E8-23394 Filed 10-2-08; 8:45 am]
BILLING CODE 3510-DS-P
