Dynamic Random Access Memory Semiconductors From the Republic of Korea; Amended Final Results of Antidumping Duty Administrative Review

DEPARTMENT OF COMMERCE

[A-580-812]

Dynamic Random Access Memory Semiconductors From the Republic of

Korea; Amended Final Results of Antidumping Duty Administrative Review

AGENCY: Import Administration, International Trade Administration,

Department of Commerce.

ACTION: Notice of Amended Final Results of Antidumping Duty

Administrative Review.

-----------------------------------------------------------------------

SUMMARY: On October 2, 1996, the Department of Commerce (the

Department) published the amended final results of its administrative

review of the antidumping duty order on dynamic random access memory

semiconductors (DRAMs) from the Republic of Korea (61 FR 20216).

Subsequent to the publication of the final results of review on May 6,

1996, the petitioner, Micron Technology, Inc. (Micron), and one

respondent in this review (LG Semicon Co., Ltd. (LGS)), filed suit with

the Court of International Trade (CIT) with respect to the Department's

methodology used in calculating LGS'' dumping margin. No suit was filed

by any parties to this proceeding with respect to the dumping

calculations pertaining to the other respondent in this review, Hyundai

Electronics Industries, Co., Ltd. (Hyundai). We published an amended

final results of review on October 2, 1996, correcting four ministerial

errors with respect to sales of subject merchandise by Hyundai. We have

corrected one clerical error introduced into the calculations for

Hyundai as a result of the amended final results of review. This error

was present in our amended final results of review. The review covers

the period October 29, 1992, through April 30, 1994. We are publishing

this amendment to the amended final results of review in accordance

with 19 CFR 353.28(c).

EFFECTIVE DATE: January 17, 1997.

FOR FURTHER INFORMATION CONTACT: Roy F. Unger, Jr. or Thomas F.

Futtner, Office of AD/CVD Enforcement, Group II, Import Administration,

U.S. Department of Commerce, 14th Street and Constitution Avenue, NW,

Washington, DC 20230, telephone at (202) 482-0651 or (202) 482-3814,

respectively.

SUPPLEMENTARY INFORMATION:

Background

The review covers two manufacturers/exporters of DRAMs from the

Republic of Korea (Korea): Hyundai and LGS, during the period of

October 29, 1992 through April 30, 1994. The Department published the

preliminary results of review on September 11, 1995 (60 FR 47149), the

final results of review on May 6, 1996 (61 FR 20216), and the amended

final results of review on October 2, 1996 (61 FR 51410).

Applicable Statute and Regulations

The Department has conducted this administrative review in

accordance with section 751 of the Tariff Action 1930, as amended (the

Tariff Act). Unless otherwise indicated, all citations to the statute

and to the Department's regulations refer to the provisions as they

existed on December 31, 1994.

Scope of Review

Imports covered by the review are shipments of DRAMs of one megabit

and above from the Republic of Korea (Korea). For purposes of this

review, DRAMs are all one megabit and above, whether assembled or

unassembled. Assembled DRAMs include all package types. Unassembled

DRAMs include processed wafers, uncut die and cut die. Processed wafers

produced in Korea, but packaged, or assembled into memory modules in a

third country, are included in the scope; wafers produced in a third

country and assembled or packaged in Korea are not included in the

scope of this review.

The scope of this review includes memory modules. A memory module

is a collection of DRAMs, the sole function of which is memory. Modules

include single in-line processing modules (SIPs), single in-line memory

modules (SIMMs), 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 which contain additional items which alter the function of the

module to something other than memory, such as video graphics adapter

(VGA) boards and cards, are not included in the scope.

The scope of this review also includes video random access memory

semiconductors (VRAMs), as well as any future packaging and assembling

of DRAMs.

The scope of this review also includes removable memory modules

placed on motherboards, with or without a central processing unit

(CPU), unless the importer of motherboards certifies with the Customs

Service 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 review does not include DRAMs or memory modules that

are reimported for repair or replacement.

The DRAMs subject to this review are classifiable under subheadings

8542.11.0001, 8542.11.0024, 8542.11.0026, and 8542.11.0034 of the

Harmonized Tariff Schedule of the United States (HTSUS). Also included

in the scope are those removable Korean DRAMs contained on or within

products classifiable under subheadings 8471.91.0000 and 8473.30.4000

of the HTSUS. Although the HTSUS subheadings are provided for

convenience and customs purposes, the written description of the scope

of this review remains dispositive.

The period of review (POR) covers from October 29, 1992 through

April 30, 1994 for all respondents.

Ministerial Error in Amended Final Results of Review

After reviewing an allegation of a ministerial error submitted by

Hyundai, the Department determined that it should correct this the

following clerical error pertaining to Hyundai.

In the amended final results of review we made corrections to our

calculations of constructed value (CV). In so doing, we mistakenly

deducted U.S. packing expenses incurred in Korea from the United States

price in our margin calculations for U.S. sales compared to CV. We have

corrected the amended final results of review to deduct the correct

expense for U.S. repacking from United States price for Hyundai.

Amended Final Results of Review

Upon correction of the ministerial error listed above, the

Department has determined that the following margin exists for the

periods of October 29, 1992 through April 30, 1994:

Manufacturer/exporter: Percent

margin

October 29, 1992 through April 30, 1994: Hyundai

Electronics Industries................................... 0.10

The Customs Service shall assess antidumping duties on all

appropriate entries. Individual differences between USP and FMV may

vary from the percentages stated above. The Department will issue

appraisement instructions concerning each respondent directly to the

U.S. Customs Service.

Furthermore, the following deposit requirements will be effective

for all shipments of the subject merchandise, entered, or withdrawn

from warehouse, for consumption on or after the publication date of

these final results of administrative review, as provided for by

section 751(a)(1) of the Tariff Act: (1) The cash deposit rate for

Hyundai will be zero percent; (2) for previously

[[Page 2655]]

reviewed or investigated companies not listed above, the cash deposit

rate will continue to be the company-specific rate published for the

most recent period; (3) if the exporter is not a firm covered in this

review, a prior review, or in the original LTFV investigation, but the

manufacturer is, the cash deposit rate will be the rate established for

the most recent period for the manufacturer of the merchandise; and,

(4) if neither the exporter nor the manufacturer is a firm covered in

this or any previous review conducted by the Department, the cash

deposit rate will be 3.85%, the all others rate established in the LTFV

investigation. Samsung Electronics Co., Ltd. (Samsung), formerly a

respondent in this administrative review, was excluded from the

antidumping duty order on DRAMs from Korea on February 8, 1996. See

Final Court Decision and Partial Amended Final Determination: Dynamic

Random Access Memory Semiconductors of One Megabit and Above From the

Republic of Korea, 61 FR 4765 (February 8, 1996).

These deposit requirements shall remain in effect until publication

of the final results of the next administrative review.

This notice serves as the final reminder to importers of their

responsibility under 19 CFR 353.26 to file a certificate regarding the

reimbursement of antidumping duties prior to liquidation of the

relevant entries during this review period. Failure to comply with this

requirement could result in the Secretary's presumption that

reimbursement of antidumping duties occurred and the subsequent

assessment of double antidumping duties.

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 353.34(d). Timely written notification or

conversion to judicial protective order is hereby requested. Failure to

comply with the regulations and the terms of the APO is a sanctionable

violation.

This administrative review and notice are in accordance with

section 751(a)(1) of the Tariff Act (19 U.S.C. 1675(a)(1)) and 19

CFR 353.22.

Dated: January 8, 1997.

Robert S. LaRussa,

Acting Assistant Secretary for Import Administration.

[FR Doc. 97-1256 Filed 1-16-97; 8:45 am]

BILLING CODE 3510-DS-P