Notice of Amended Final Determination and Antidumping Duty Order of Sales at Less Than Fair Value: Static Random Access Memory Semiconductors From Taiwan

DEPARTMENT OF COMMERCE

International Trade Administration

[A-583-827]

Notice of Amended Final Determination and Antidumping Duty Order

of Sales at Less Than Fair Value: Static Random Access Memory

Semiconductors From Taiwan

AGENCY: Import Administration, International Trade Administration,

Department of Commerce.

EFFECTIVE DATE: April 16, 1998.

FOR FURTHER INFORMATION CONTACT: Shawn Thompson or David Genovese,

Import Administration, International Trade Administration, U.S.

Department of Commerce, 14th Street and Constitution Avenue, NW,

Washington, DC. 20230; telephone: (202) 482-1776 or (202) 482-0498,

respectively.

The Applicable Statute

Unless otherwise indicated, all citations to the Tariff Act of

1930, as amended (the Act), are references to the provisions effective

January 1, 1995, the effective date of the amendments made to the Act

by the Uruguay Round Agreements Act (URAA). In addition, unless

otherwise indicated, all citations to the Department of Commerce's (the

Department's) regulations are to the regulations codified at 19 CFR

part 353 (April 1, 1996).

Amended Final Determination

In accordance with section 735(a) of the Act, on February 23, 1998,

the Department made its final

[[Page 18884]]

determination that static random access memory semiconductors (SRAMs)

from Taiwan, are being, or are likely to be, sold in the United States

at less than fair value (63 FR 8909). Subsequent to the final

determination, on February 25, 1998, March 3, 1998, and March 6, 1998,

we received allegations, timely filed pursuant to 19 CFR 353.28(b),

from Winbond Electronics Corporation (Winbond), Integrated Silicon

Solutions, Inc. (ISSI), and Alliance Semiconductor Corporation

(Alliance), respectively, that the Department made ministerial errors

in its final determination. We did not receive comments from United

Microelectronics Corporation (UMC). In addition, on March 5, 1998, the

petitioner alleged that the Department made ministerial errors in the

final determination with respect to the calculations performed for

Alliance and ISSI. We received comments from Alliance responding to the

petitioner's allegations on March 12, 1998. We received comments from

the petitioner responding to Alliance's allegations on March 13, 1998.

We have determined, in accordance with 19 CFR 353.28(d), that

ministerial errors were made in our final margin calculations.

Specifically, the Department made ministerial errors in its final

determination with respect to the following issues: (1) The calculation

of the indirect selling expense factor used to compute Alliance's

constructed value; (2) the calculation of the constructed export price/

commission offset for Alliance; (3) the use of facts available for

sales with cost data reported for a subsequent quarter by Alliance; (4)

the calculation of U.S. movement expenses incurred by Alliance; (5) the

calculation of ISSI's revised general and administrative expenses; and

(6) the calculation of U.S. inventory carrying costs incurred by

Winbond. In addition, we revised the cost test in the respondents'

final margin programs so that the cost calculations are consistent with

the description of the cost test in the Federal Register notice. For a

detailed discussion of the above-cited ministerial errors and the

Department's analysis, see Memorandum to Louis Apple from the Team,

dated March 19, 1998. In accordance with 19 CFR 353.28(c), we are

amending the final determination of the antidumping duty investigation

of SRAMs from Taiwan to correct these ministerial errors. The revised

final weighted-average dumping margins are as follows:

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

Original Revised

Company margin margin

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

Alliance.......................................... 50.58 50.15

ISSI.............................................. 7.59 7.56

UMC............................................... 93.87 93.71

Winbond........................................... 102.88 101.53

All Others........................................ 41.98 41.75

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

Scope of Order

The products covered by this order are synchronous, asynchronous,

and specialty SRAMs from Taiwan, whether assembled or unassembled.

Assembled SRAMs include all package types. Unassembled SRAMs include

processed wafers or die, uncut die and cut die. Processed wafers

produced in Taiwan, but packaged, or assembled into memory modules, in

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

in a third country and assembled or packaged in Taiwan are not included

in the scope.

The scope of this order includes modules containing SRAMs. Such

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

line memory modules (SIMMs), dual in-line memory modules (DIMMs),

memory cards, or other collections of SRAMs, whether unmounted or

mounted on a circuit board.

The scope of this order does not include SRAMs that are physically

integrated with other components of a motherboard in such a manner as

to constitute one inseparable amalgam (i.e., SRAMs soldered onto

motherboards).

The SRAMs within the scope of this order are currently classifiable

under the subheadings 8542.13.8037 through 8542.13.8049, 8473.30.10

through 8473.30.90, and 8542.13.8005 of the Harmonized Tariff Schedule

of the United States (HTSUS). Although the HTSUS subheadings are

provided for convenience and customs purposes, the written description

of the scope of this order is dispositive.

Antidumping Duty Order

On April 9, 1998, the International Trade Commission (ITC) notified

the Department of its final determination, pursuant to section

735(b)(1)(A)(i) of the Act, that an industry in the United States is

materially injured by reason of imports of the subject merchandise from

Taiwan.

In accordance with section 736(a)(1) of the Act, the Department

will direct Customs officers to assess, upon further advice by the

administering authority, antidumping duties equal to the amount by

which the normal value of the merchandise exceeds the export price or

constructed export price of the merchandise for all entries of SRAMs

from Taiwan. These antidumping duties will be assessed on all

unliquidated entries of SRAMs from Taiwan entered, or withdrawn from

warehouse, for consumption on or after October 1, 1997, the date on

which the Department published its preliminary determination in the

Federal Register (62 FR 51442). On or after the date of publication of

this notice in the Federal Register, Customs officers must require, at

the same time as importers would normally deposit estimated duties on

this merchandise, a cash deposit equal to the estimated weighted-

average antidumping duty margins as noted below. The ``All Others''

rate applies to all exporters of SRAMs not specifically listed below.

The ad valorem weighted-average dumping margins are as follows :

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

Revised

weighted-

Manufacturer/producer/exporter average

margin

percentage

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

Alliance Semiconductor Corporation......................... 50.15

Integrated Silicon Solutions (Taiwan), Inc................. 7.56

United Microelectronics Corporation........................ 93.71

Winbond Electronics Corporation............................ 101.53

All Others................................................. 41.75

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

This notice constitutes the antidumping duty order with respect to

SRAMs from Taiwan, pursuant to section 736(a) of the Act. Interested

parties may contact the Central Records Unit, Room B-099 of the Main

Commerce Building, for copies of an updated list of antidumping duty

orders currently in effect.

This order is published pursuant to section 736(a) of the Act and

19 CFR 353.21.

Dated: April 13, 1998.

Joseph A. Spetrini,

Acting Assistant Secretary for Import Administration.

[FR Doc. 98-10235 Filed 4-15-98; 8:45 am]

BILLING CODE 3510-DS-P