[Federal Register: August 11, 2003 (Volume 68, Number 154)]
[Page 47546-47547]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]



International Trade Administration


Notice of Countervailing Duty Order: Dynamic Random Access Memory 
Semiconductors from the Republic of Korea

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

EFFECTIVE DATE: August 11, 2003.

FOR FURTHER INFORMATION CONTACT: Ryan Langan, Jesse Cortes, or Daniel 
J. Alexy, Office of Antidumping/Countervailing Duty Enforcement, Group 
1, Import Administration, U.S. Department of Commerce, Room 3099, 14th 
Street and Constitution Avenue, NW., Washington, D.C. 20230; telephone 
(202) 482-2613, (202) 482-3986, and (202) 482-1540, respectively.

Scope of Order

    The products covered by this 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 this 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. This order also covers future DRAMS module types.
    The scope of this 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 this order are removable memory modules placed on 
motherboards, with or without a central processing unit, unless the 
importer of the motherboards certifies with the U.S. Bureau of Customs 
and Border Protection (``Customs'') 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 order does not 
include DRAMS or memory modules that are re-imported for repair or 
    The DRAMS subject to this order are currently classifiable under 
subheadings 8542.21.8005 and 8542.21.8021 through 8542.21.8029 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 8473.30.10.40 or 8473.30.10.80 of the 
HTSUS. Removable memory modules placed on motherboards are classifiable 
under subheading 8471.50.0085. Although the HTSUS subheadings are 
provided for convenience and customs purposes, the Department's written 
description of the scope of this order remains dispositive.

Countervailing Duty Order

    On July 28, 2003, the Department published in the Federal Register 
(68 FR 44290), its ``Notice of Amended Final Affirmative Countervailing 
Duty Determination: Dynamic Random Access Memory Semiconductors from 
the Republic of Korea'' in which the final countervailing duty rate for 
Hynix Semiconductor, Inc. and the ``all others'' rate were revised. The 
revised rates are listed below. The finding that Samsung Electronics 
Co., Ltd. (``SEC'') received de minimis subsidies did not change.
    On August 4, 2003, in accordance with section 705(d) of the Tariff 
Act of 1930, as amended by the Uruguay Round Agreements Act effective 
January 1, 1995 (``the Act''), the U.S. International Trade Commission 
(``ITC'') notified the Department that a U.S. industry is ``materially 
injured,'' within the meaning of section 705(b)(1)(A) of the Act, by 
reason of imports of DRAMS from the Republic of Korea.
    Therefore, in accordance with section 706(a)(3) of the Act, the 
Department will direct Customs to assess countervailing duties for all 
relevant entries of DRAMS from the ROK. For all producers and exporters 
of DRAMS from the ROK, except for SEC, which is excluded from this 
countervailing duty order, countervailing duties will be assessed on 
all unliquidated entries of the subject merchandise that are entered, 
or withdrawn from warehouse, for consumption on or after April 7, 2003, 
the date on which the Department published its notice of affirmative 
preliminary determination in the Federal Register.
    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, a cash deposit equal to the 
net subsidy rate, as noted below. The ``All Others'' rate applies to 
all ROK exporters of subject merchandise not specifically listed, 
except for SEC, which is excluded from this countervailing duty order. 
The cash deposit rates are as follows:

             Producer/Exporter                    Net Subsidy Rate
Hynix Semiconductor Inc. (formerly,                        44.29 percent
 Hyundai Electronics Industries Co., Ltd.)
All Others44.29 percent...................

[[Page 47547]]

    This notice constitutes the countervailing duty order with respect 
to DRAMS from the ROK, pursuant to section 706(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 
countervailing duty orders currently in effect.
    These countervailing duty orders are published in accordance with 
sections 706(a) and 777(i) of the Act and 19 CFR 351.211.

    Dated: August 5, 2003.
Joseph A. Spetrini,
Acting Assistant Secretary for Grant Aldonas, Under Secretary.
[FR Doc. 03-20421 Filed 8-8-03; 8:45 am]