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Final Results Of Countervailing Duty Administrative
Review Of Dynamic Random Access Memory
Semiconductors From Korea (C-580-851)

March 25, 2008

On March 17, 2008, The International Trade Administration issued its final results in the countervailing duty administrative review of dynamic random access memory semiconductors (DRAMs) from Korea, for the period of January 1, 2005, through December 31, 2005.  (ITA notice (FR Pub 03/17/08) available at http://a257.g.akamaitech.net/7/257/2422/01jan20081800/
edocket.access.gpo.gov/2008/pdf/E8-5302.pdf or http://www.tuttlelaw.com/customs_material/fr_vol73_no_52.pdf )

The products covered by C-580-851 are 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.

The scope of this order also includes memory modules containing DRAMS from the ROK.  Only those modules that contain additional items that 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. 

Also included are removable memory modules placed on motherboards, with or without a central processing unit, unless the importer of the motherboards certifies with CBP 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 reimported for repair or replacement.

The Department has also issued a scope ruling, finding that removable memory modules placed on motherboards that are imported for repair or refurbishment are not within the scope of the CVD Order provided that the importer certifies that it will destroy any memory modules that are removed for repair or refurbishment.

Findings And Liquidation Instructions

For the period January 1, 2005, through December 31, 2005, Commerce found that the net subsidy rate for Hynix is 23.78 percent.  The Department is instructing CBP to liquidate shipments of DRAMS by Hynix entered during the period from January 1, 2005, through December 31, 2005, at 23.78 percent ad valorem of the F.O.B. invoice price.

CV Cash Deposit Instructions For A Time Of Entry On Or After 03/17/08

The Department is also instructing CBP to collect cash deposits of estimated countervailing duties at 23.78 % of the entered value on all future shipments of the subject merchandise from Hynix, and to continue to collect cash deposits for non–reviewed companies at the most recent company– specific rate applicable to the company.

Company

CV Cash Deposit Rate or Note

Hynix Semiconductor Inc.

23.78%

Other Companies

44.29% (1)

(1) The “all-others rate” applies to all other shippers of DRAMS except Samsung, until a review results in a company receiving its own rate.  Samsung Electronics Co., Ltd. is excluded from this CV duty order.

For more information regarding these issues, contact George Tuttle, III at (415) 986-8780 or geo@tuttlelaw.com.  

George R. Tuttle, III is an attorney with the Law Offices of George R. Tuttle in San Francisco.

 

The information in this article is general in nature, and is not intended to constitute legal advice or to create an attorney-client relationship with respect to any event or occurrence, and may not be considered as such.

Copyright 2008 by Tuttle Law Offices.

All rights reserved. Information has been obtained from sources believed to be reliable. However, because of the possibility of human or mechanical error by our offices or by others, we do not guarantee the accuracy, adequacy, or completeness of any information and are not responsible for any errors, omissions, or for the results obtained from the use of such information.

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