Erasable Programmable Read Only Memories From Japan: Termination of Suspended Antidumping Duty Investigation

DEPARTMENT OF COMMERCE

International Trade Administration

[A-588-504]

Erasable Programmable Read Only Memories From Japan: Termination

of Suspended Antidumping Duty Investigation

AGENCY: International Trade Administration/Import Administration,

Department of Commerce.

ACTION: Notice of termination of suspended antidumping duty

investigation.

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SUMMARY: On December 19, 1996, the Department received a letter from

counsel to Intel Corporation, Advanced Micro Devices, Inc., and

National Semiconductor Corporation (``the petitioners''). The letter

notified the Department that the petitioners have no further interest

in the suspended investigation on Erasable Programmable Read Only

Memory (EPROM) Semiconductors from Japan and that they were, therefore,

withdrawing the petition. On January 8, 1997, the Department requested

parties to the proceeding to provide comments on the Department's

proposal to terminate the suspended antidumping duty investigation on

EPROMs from Japan. The Department is now terminating this suspended

investigation.

EFFECTIVE DATE: May 27, 1997.

FOR FURTHER INFORMATION CONTACT: Steven Presing or Eugenia Chu, Office

of Agreements Compliance, Import Administration, International Trade

Administration, U.S. Department of Commerce, 14th Street & Constitution

Avenue, N.W., Washington, D.C. 20230; telephone (202) 482-0194 and

(202) 482-3964, respectively.

SUPPLEMENTARY INFORMATION:

Background

On July 30, 1986, the antidumping investigation of Erasable

Programmable Read Only Memories (EPROMs) from Japan, was suspended

pursuant to an agreement by substantially all of the Japanese producers

to eliminate dumping. Erasable Programmable Read Only Memories (EPROMs)

from Japan: Suspension of Investigation, 51 Fed. Reg. 28253 (August 6,

1986); amended, 56 Fed. Reg. 37523 (August 7, 1991).

On December 19, 1996, the U.S. and Japanese semiconductor

industries signed a Statement Regarding Effective and Expeditious

Antidumping Measures (the Statement) and accompanying Memorandum of

Understanding (MOU) intended to expedite handling future dumping

investigations. The industries have agreed to independently collect

cost and price data and to submit this data to the appropriate

government agency within 14 days of the filing of a new antidumping

investigation in the United States or Japan. Both the Statement and the

MOU are conditioned upon revocation of the EPROM Suspension Agreement

and termination of the EPROM antidumping investigation.

On December 19, 1996, Intel Corporation, Advanced Micro Devices,

Inc., and National Semiconductor Corporation, the petitioners in the

suspended investigation, notified the Department in writing that they

had no further interest in the suspended investigation on EPROMs from

Japan and that they were, therefore, withdrawing the petition.

Petitioners served interested parties with copies of the no interest

letter.

On January 8, 1997, the Department notified interested parties in

writing of its intent to terminate the suspended investigation and

requested comments. We received comments from interested parties

concerning the proposed termination on February 6, 1997.

Scope of Investigation

The products covered by this investigation are erasable

programmable read only memories which are a type of memory integrated

circuit that is manufactured using variations of Metal Oxide-

Semiconductor (MOS) process technology, including both Complementary

(CMOS) and N-Channel (NMOS). The products include processed wafers,

dice and assembled EPROMs produced in Japan and imported into the

United States from Japan. Finished EPROMs are provided for in the

Tariff Schedules of the United States Annotated (TSUSA) under item

687.7445. Unassembled EPROMs, including unmounted chips, wafers, and

dice, are provided for under TSUSA item 687.7405. Additionally, certain

Flash memory devices based on EPROM semiconductor technology are later-

developed products within the scope of the suspension investigation and

suspension agreement on EPROMs from Japan. 57 Fed. Reg. 11599 (April 6,

1992).

Termination of Investigation

On December 19, 1996, the U.S. Semiconductor Industry Association

(SIA) and the Electronic Industries Association of Japan (EIAJ) signed

the Statement and the MOU agreeing, through 1999, voluntarily to

collect and maintain product specific cost, home market price, and U.S.

export price data on certain flash EPROM products exported from Japan

to the United States, and, if an antidumping investigation were

initiated on these products, to provide the collected data to the

Department within 14 days of receipt of a questionnaire. The joint

Statement, issued by the SIA and the EIAJ, establishes an expedited

collection and reporting system similar to that created under the 1991

EPROM Suspension Agreement, 56 Fed. Reg. 37523 (August 7, 1991).

[[Page 28671]]

On December 19, 1996, the petitioners in the suspended

investigation, notified the Department in writing that they have no

further interest in the suspended investigation on EPROMs from Japan

and that they were, therefore, withdrawing their petition. In the no

interest letter, which was served on interested parties, counsel for

the petitioners stated that the EPROM suspension agreement has served

to substantially alleviate the problem of dumping of EPROMs in the U.S.

market for the past ten years. Given the experience of the past ten

years, and noting that the Japanese EPROM producers as members of the

EIAJ, support the issued Statement, the petitioners believe the

termination of the 1991 EPROM suspension agreement is appropriate.

Based on petitioners' expression of no interest, the Department

notified interested parties in writing of its intent to terminate the

suspended investigation and requested comments. Comments were filed on

February 6, 1997 by Fujitsu Limited, Hitachi, Ltd., Matsushita

Electronics Corporation, Mitsubishi Electric Corporation, Sanyo

Electric Co., Ltd., Sharp Corporation, and Toshiba Corporation. All

commenters expressed their support for the proposed termination.

A review under section 751(b) of the Tariff Act of 1930, as

amended, is normally the mechanism for the termination of a suspended

investigation. However, the events surrounding the Statement and MOU

and petitioners' request to terminate the suspended investigation, as

described above, are consistent with the substantive and procedural

requirements of the statute and regulations. Therefore, the unique

circumstances of this case render any further proceeding unnecessary.

Thus, based on the affirmative statement by substantially all of the

domestic producers that they have no further interest in the suspended

investigation, which was supported in the comments filed by interested

parties, the Department is terminating the suspended investigation.

Dated: May 7, 1997.

Robert S. LaRussa,

Acting Assistant Secretary for Import Administration.

[FR Doc. 97-13810 Filed 5-23-97; 8:45 am]

BILLING CODE 3510-DS-P