Notice of Amended Preliminary Determination of Sales at Less Than Fair Value: Dynamic Random Access Memory Semiconductors of One Megabit and Above From Taiwan

DEPARTMENT OF COMMERCE

International Trade Administration

[A-583-832]

Notice of Amended Preliminary Determination of Sales at Less Than

Fair Value: Dynamic Random Access Memory Semiconductors of One Megabit

and Above From Taiwan

AGENCY: Import Administration, International Trade Administration,

Department of Commerce.

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SUMMARY: On May 28, 1999, the Department of Commerce (``the

Department'') published in the Federal Register the preliminary

determination of its antidumping duty investigation of dynamic random

access memory semiconductors of one megabit and above (``DRAMs'') from

Taiwan. This investigation covers four respondents: Etron Technology,

Inc. (``Etron''), Nan Ya Technology Corporation (``Nanya''), Vanguard

International Semiconductor Corp. (``Vanguard''), and Mosel-Vitelic,

Inc (``MVI'').

On June 1, 1999, Vanguard submitted an allegation of ministerial

errors with respect to the preliminary determination. Because these are

ministerial errors which rise to the level of a ``significant error''

pursuant to 19 CFR 351.224(e) and (g), we are amending our preliminary

determination.

EFFECTIVE DATE: June 17, 1999.

FOR FURTHER INFORMATION CONTACT: Thomas Futtner at (202) 482-3814 or

Ronald Trentham at (202) 482-6320, Group II, Office 4, Import

Administration, International Trade Administration, U.S. Department of

Commerce, 14th Street and Constitution Avenue, NW, Washington, DC

20230.

The Applicable Statute

Unless otherwise indicated, all citations to the Tariff Act of

1930, as amended (``the Act''), are references to the provisions as of

January 1, 1995, the effective date of the Uruguay Round Agreements Act

(``URAA''). In addition, unless otherwise indicated, all citations to

the Department's regulations are to the regulations at 19 CFR part 351

(April 1998).

Significant Ministerial Error

We are amending the preliminary determination of sales at less than

fair value for DRAMs from Taiwan to reflect the correction of a

significant ministerial error made in the margin calculation regarding

Vanguard in that determination, pursuant to 19 CFR 351.224(g)(1) and

(g)(2). A significant ministerial error is defined as a correction

which, singly or in combination with other errors, would result in (1)

a change of at least 5 absolute percentage points in, but not less than

25 percent of, the weighted-average dumping margin calculated in the

original (erroneous) preliminary determination; or (2) a difference

between a weighted-average dumping margin of zero or de minimis and a

weighted-average dumping margin of greater than de minimis or vice

versa. We are publishing this amendment to the preliminary

determination pursuant to 19 CFR 351.224(e).

Scope of Investigation

The products covered by this investigation are DRAMs of one megabit

or above from Taiwan, whether assembled or unassembled. Assembled DRAMs

include all package types. Unassembled DRAMs include processed wafers,

uncut die and cut die. Processed wafers fabricated in Taiwan, but

packaged or assembled into finished semiconductors in a third country,

are included in the scope. Wafers fabricated in a third country and

assembled or packaged in Taiwan are not included in the scope.

The scope of this investigation 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''), dual in-line memory modules

(``DIMMs''), memory cards or other collections of DRAMs whether mounted

or unmounted 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 that 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. Modules

containing DRAMs made from wafers fabricated in Taiwan, but either

assembled or packaged into finished semiconductors in a third country,

are also included in the scope.

The scope includes, but is not limited to, video RAM (``VRAM''),

Windows RAM (``WRAM''), synchronous graphics RAM (``SGRAM''), as well

as various types of DRAMs, including fast page-mode (``FPM''), extended

data-out (``EDO''), burst extended data-out (``BEDO''), synchronous

dynamic RAM (``SDRAMs''), and ``Rambus'' DRAMs (``RDRAMs''). The scope

of this investigation also includes any future density, packaging or

assembling of DRAMs. The scope of this investigation does not include

DRAMs or memory modules that are reimported for repair or replacement.

The DRAMs subject to this investigation are currently classifiable

under subheadings 8542.13.80.05 and 8542.13.80.24 through 8542.13.80.34

of the Harmonized Tariff Schedule of the United States (``HTSUS'').

Also included in the scope are Taiwanese DRAMs modules, described

above, entered into the United States under subheading 8473.30.10

through 8473.30.90 of the HTSUS or possibly other HTSUS numbers.

Although the HTSUS subheadings are provided for convenience and customs

purposes, the written description of the scope of this investigation is

dispositive.

Ministerial Error Allegations

On June 1, 1999, Vanguard submitted a timely allegation that the

Department made ministerial errors which resulted in a miscalculation

of the weighted-average constructed export prices (``CEPs'') for

Vanguard sales and a mistake in the total number of megabits that

should be used in establishing the per-megabit cash deposit rate for

Vanguard's DRAMs contained in mixed memory modules. See Memorandum on

Application of a Per Megabit Cash Deposit Rate on Memory Modules, dated

May 21, 1999.

We agree with Vanguard that the Department inadvertently

miscalculated the weighted-average CEPs for Vanguard and miscalculated

the total number of megabits that should be used in establishing the

per-megabit cash deposit for Vanguard. See Clerical Error Memorandum,

dated June 10, 1999. Because the effect of these ministerial errors on

Vanguard's margins is significant, as defined in 19 CFR 351.224(g)(1),

we are amending our

[[Page 32481]]

preliminary determination for this company. For a detailed analysis of

this issue, see Clerical Error Memorandum, dated June 10, 1999. Because

Vanguard's ad valorem and per megabit margins were used to compute the

ad valorem and per megabit ``all others'' rates, we are also amending

these duty deposit rates as well.

Amended Preliminary Determination

As a result of our correction of ministerial errors, we have

determined that the following amended weighted-average dumping margins

and weighted-average per megabit rates apply.

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Weighted- Weighted-

Exporter/manufacturer average margin average per

(percent) megabit rate

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Etron Technology, Inc................... 4.96 $0.03

Mosel-Vitelic, Inc...................... 30.89 0.11

Nan Ya Technology Corporation........... 9.03 0.01

Vanguard International Semiconductor 9.56 0.01

Corp...................................

All Others.............................. 16.41 0.03

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International Trade Commission (ITC)

In accordance with section 733(f) of the Act, we have notified the

ITC of our amended preliminary determination. If our final

determination is affirmative, the ITC will determine before the later

of 120 days after the date of the preliminary determination or 45 days

after our final determination whether these imports are materially

injuring, or threaten material injury to, the U.S. industry.

Public Comment

As stated in the Department's preliminary determination in this

investigation (64 FR 28983), case briefs in at least ten copies must be

filed no later than July 19, 1999, and rebuttal briefs no later than

July 26, 1999. A list of authorities used and an executive summary of

issues must accompany any briefs submitted to the Department. Such

summary should be limited to five pages total, including footnotes. In

accordance with section 774 of the Act, we will hold a public hearing,

if requested, to afford interested parties an opportunity to comment on

arguments raised in case or rebuttal briefs. Tentatively, the hearing

will be held on July 27, 1999, with the time and room to be determined,

at the U.S. Department of Commerce, 14th Street and Constitution

Avenue, NW, Washington, DC 20230. Parties should confirm by telephone

the time and place of the hearing 48 hours before the scheduled date.

Interested parties who wish to request a hearing, or to participate if

one is requested, must submit a written request to the Assistant

Secretary for Import Administration, U.S. Department of Commerce, Room

1870, within thirty days of the publication of the preliminary

determination. Requests should contain: (1) The party's name, address

and telephone number; (2) the number of participants; and (3) a list of

the issues to be discussed. Oral presentations will be limited to

issues raised in the briefs. We intend to issue our final determination

no later than October 10, 1999.

This amended preliminary determination is issued and published in

accordance with section 703(d)(2) of the Act and 19 CFR 351.224.

Dated: June 11, 1999.

Robert S. LaRussa,

Assistant Secretary for Import Administration.

[FR Doc. 99-15444 Filed 6-16-99; 8:45 am]

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