Dynamic Random Access Memory Semiconductors from the Republic of Korea: Final Results of Countervailing Duty Administrative Review, 60238-60240 [E9-27937]
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60238
Federal Register / Vol. 74, No. 223 / Friday, November 20, 2009 / Notices
DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
[Docket 51–2009]
srobinson on DSKHWCL6B1PROD with NOTICES
Foreign-Trade Zone 37—Orange
County, NY; Application for Expansion
and Reorganization Under Alternative
Site Framework
An application has been submitted to
the Foreign-Trade Zones (FTZ) Board
(the Board) by the County of Orange,
New York, grantee of FTZ 37, requesting
authority to expand the zone and
reorganize under the alternative site
framework (ASF) adopted by the Board
(74 FR 1170, 01/12/09; correction 74 FR
3987, 01/22/09). The ASF is an option
for grantees for the establishment or
reorganization of general-purpose zones
and can permit significantly greater
flexibility in the designation of new
‘‘usage-driven’’ FTZ sites for operators/
users located within a grantee’s ‘‘service
area’’ in the context of the Board’s
standard 2,000-acre activation limit for
a general-purpose zone project. The
application was submitted pursuant to
the provisions of the Foreign-Trade
Zones Act, as amended (19 U.S.C. 81a81u), and the regulations of the Board
(15 CFR part 400). It was formally filed
on November 12, 2009.
The grantee’s proposed service area
under the ASF would be Orange
County, New York. If approved, the
grantee would be able to serve sites
throughout the service area based on
companies’ needs for FTZ designation.
The proposed service area is adjacent to
or within the New York/Newark
Customs and Border Protection port of
entry.
FTZ 37 was approved by the Board on
May 4, 1978 (Board Order 130, 43 FR
20526, 5/12/1978) and expanded on July
9, 1999 (Board Order 1044, 64 FR 38887,
7/20/1999). The applicant is requesting
to include its current sites 3 and 7 as
‘‘magnet sites’’. The applicant proposes
that Site 3 be exempt from ‘‘sunset’’
time limits that otherwise apply to sites
under the ASF. The applicant is
requesting removal of sites 1, 2 and 5.
Sites 4 and 6 have lapsed. The applicant
is also requesting approval of the
following initial ‘‘usage-driven’’ site:
Proposed Site 8 (36 acres)—within the
Chester Industrial Park, 29 Elizabeth
Drive, Chester, NY.
In accordance with the Board’s
regulations, Maureen Hinman of the
FTZ staff is designated examiner to
evaluate and analyze the facts and
information presented in the application
and case record and to report findings
and recommendations to the Board.
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17:03 Nov 19, 2009
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Public comment is invited from
interested parties. Submissions (original
and 3 copies) shall be addressed to the
Board’s Executive Secretary at the
address listed below. The closing period
for their receipt is January 19, 2010.
Rebuttal comments in response to
material submitted during the foregoing
period may be submitted during the
subsequent 15-day period (to February
3, 2010).
A copy of the application will be
available for public inspection at the
Office of the Executive Secretary,
Foreign-Trade Zones Board, Room 2111,
U.S. Department of Commerce, 1401
Constitution Avenue, NW., Washington,
DC 20230–0002, and in the ‘‘Reading
Room’’ section of the Board’s Web site,
which is accessible via https://
www.trade.gov/ftz. For further
information, contact Maureen Hinman
at maureen.hinman@trade.gov or (202)
482–0627.
Dated: November 12, 2009.
Andrew McGilvray,
Executive Secretary.
[FR Doc. E9–27931 Filed 11–19–09; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–489–502]
Certain Welded Carbon Steel Standard
Pipe from Turkey: Extension of Time
Limit for Preliminary Results of
Countervailing Duty Administrative
Review
The preliminary results are currently
due no later than December 1, 2009.
Extension of Time Limit for Preliminary
Results
Section 751(a)(3)(A) of the Tariff Act
of 1930, as amended (the Act), requires
the Department to make a preliminary
determination within 245 days after the
last day of the anniversary month of an
order or finding for which a review is
requested. Section 751(a)(3)(A) of the
Act further states that if it is not
practicable to complete the review
within the time period specified, the
administering authority may extend the
245–day period to issue its preliminary
results by up to 120 days.
The respondents under review are
Borusan Mannesmann Boru Sanayi ve
Ticaret A.S., Borusan Istikbal Ticaret
T.A.S., Tosyali dis Ticaret A.S., Toscelik
Profil ve Sac Endustrisi A.S. and the
Government of Turkey. In this review,
there are 12 programs and new
subsidies allegations, which the
Department continues to examine. As
such, we have determined that it is not
practicable to complete the preliminary
results of this review within the 245–
day period. Therefore, in accordance
with section 751(a)(3)(A) of the Act, we
are extending the time period for issuing
the preliminary results of the review by
120 days. The preliminary results are
now due no later than March 31, 2010.
The final results continue to be due 120
days after publication of the preliminary
results.
This notice is issued and published in
accordance with sections 751(a)(3)(A)
and 777(i)(1) of the Act.
AGENCY: Import Administration,
International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: November 20, 2009.
FOR FURTHER INFORMATION CONTACT:
Kristen Johnson, AD/CVD Operations,
Office 3, Import Administration,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW,
Washington, DC 20230; telephone: (202)
482–4793.
SUPPLEMENTARY INFORMATION:
Dated: November 13, 2009.
John M. Andersen,
Acting Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations.
[FR Doc. E9–27933 Filed 11–19–09; 8:45 am]
Background Information
On April 27, 2009, the U.S.
Department of Commerce (the
Department) published a notice of
initiation of the administrative review of
the countervailing duty order on certain
welded carbon steel standard pipe from
Turkey covering the period of review
January 1, 2008, through December 31,
2008. See Initiation of Antidumping and
Countervailing Duty Administrative
Reviews, 74 FR 19042 (April 27, 2009).
Dynamic Random Access Memory
Semiconductors from the Republic of
Korea: Final Results of Countervailing
Duty Administrative Review
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BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
[C–580–851]
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
E:\FR\FM\20NON1.SGM
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Federal Register / Vol. 74, No. 223 / Friday, November 20, 2009 / Notices
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:
srobinson on DSKHWCL6B1PROD with NOTICES
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
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17:03 Nov 19, 2009
Jkt 220001
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
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Fmt 4703
Sfmt 4703
60239
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 /
E:\FR\FM\20NON1.SGM
20NON1
srobinson on DSKHWCL6B1PROD with NOTICES
60240
Federal Register / Vol. 74, No. 223 / Friday, November 20, 2009 / Notices
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
VerDate Nov<24>2008
17:03 Nov 19, 2009
Jkt 220001
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
DEPARTMENT OF COMMERCE
Patent and Trademark Office
[Docket No. PTO–P–2009–0052]
Grant of Interim Extension of the Term
of U.S. Patent No. 5,407,914;
SURFAXIN® (lucinactant)
AGENCY: United States Patent and
Trademark Office.
ACTION: Notice of interim patent term
extension.
SUMMARY: The United States Patent and
Trademark Office has issued an order
granting interim extension under 35
U.S.C. 156(d)(5) for a one-year interim
extension of the term of U.S. Patent No.
5,407,914.
FOR FURTHER INFORMATION CONTACT:
Mary C. Till by telephone at (571) 272–
7755; by mail marked to her attention
and addressed to the Commissioner for
Patents, Mail Stop Hatch-Waxman PTE,
P.O. Box 1450, Alexandria, VA 22313–
1450; by fax marked to her attention at
(571) 273–7755, or by e-mail to
Mary.Till@uspto.gov.
Section
156 of Title 35, United States Code,
generally provides that the term of a
patent may be extended for a period of
up to five years if the patent claims a
product, or a method of making or using
a product, that has been subject to
certain defined regulatory review, and
that the patent may be extended for
interim periods of up to one year if the
regulatory review is anticipated to
extend beyond the expiration date of the
patent.
On October 6, 2009, Discovery
Laboratories Inc., on behalf of patent
owner Scripps Research Institute, timely
filed an application under 35 U.S.C.
SUPPLEMENTARY INFORMATION:
PO 00000
Frm 00006
Fmt 4703
Sfmt 4703
156(d)(5) for an interim extension of the
term of U.S. Patent No. 5,407,914. The
patent claims the human drug product,
SURFAXIN® (lucinactant) and a method
of using SURFAXIN® (lucinactant). The
application indicates that a New Drug
Application, NDA No. 21–746, for the
human drug product SURFAXIN®
(lucinactant) has been filed, and is
currently undergoing regulatory review
before the Food and Drug
Administration for permission to market
or use the product commercially.
Review of the application indicates
that except for permission to market or
use the product commercially, the
subject patent would be eligible for an
extension of the patent term under 35
U.S.C. 156, and that the patent should
be extended for one year as required by
35 U.S.C. 156(d)(5)(B). Because it is
apparent that the regulatory review
period will continue beyond the original
expiration date of the patent November
17, 2009, interim extension of the patent
term under 35 U.S.C. 156(d)(5) is
appropriate.
An interim extension under 35 U.S.C.
156(d)(5) of the term of U.S. Patent No.
5,407,914 is granted for a period of one
year from the original expiration date of
the patent, i.e., until November 17,
2010.
Dated: November 16, 2009.
David J. Kappos,
Under Secretary of Commerce for Intellectual
Property and Director of the United States
Patent and Trademark Office.
[FR Doc. E9–27903 Filed 11–19–09; 8:45 am]
BILLING CODE 3510–16–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XT03
South Atlantic Fishery Management
Council; Public Meetings
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of public meetings.
SUMMARY: The South Atlantic Fishery
Management Council (Council) will
hold meetings of its Scientific and
Statistical Committee (SSC), Spiny
Lobster Committee, Law Enforcement
Committee, a joint meeting of its
Executive and Finance Committees,
Protected Resources Committee,
Ecosystem-Based Management
Committee, Personnel Committee
(Closed Session), Dolphin/Wahoo
Committee, Mackerel Committee,
E:\FR\FM\20NON1.SGM
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]]>Agencies
[Federal Register Volume 74, Number 223 (Friday, November 20, 2009)]
[Notices]
[Pages 60238-60240]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-27937]
-----------------------------------------------------------------------
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
