[Federal Register Volume 65, Number 221 (Wednesday, November 15, 2000)]
[Notices]
[Pages 68976-68978]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-29256]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
INTERNATIONAL TRADE ADMINISTRATION
[A-580-812]
Dynamic Random Access Memory Semiconductors of One Megabit or
Above From the Republic of Korea: Final Results of Antidumping Duty
Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of final results of antidumping duty administrative
review.
-----------------------------------------------------------------------
SUMMARY: On June 6, 2000, the Department of Commerce (the
``Department'') published the preliminary results of administrative
review of the antidumping duty order on dynamic random access memory
semiconductors of one megabit or above (``DRAMs'') from the Republic of
Korea. The merchandise covered by this order are DRAMs from the
Republic of Korea. The review covers two manufacturers, Hyundai
Electronics Industries Co., Ltd. and Hyundai Electronics America
(collectively ``Hyundai''), and LG Semicon Co., Ltd. and LG Semicon
America (collectively ``LG''), and four exporters, G5 Corporation
(``G5''), Kim's Marketing, Jewon Trading (``Jewon''), and Wooyang
Industry Co., Ltd. (``Wooyang''). The period of review (``POR'') is May
1, 1998, through April 30, 1999.
Based on our analysis of the comments received, we have made
changes in the margin calculations. Therefore, the final results differ
from the preliminary results. The final weighted-average dumping
margins for the reviewed firms are listed below in the section entitled
``Final Results of the Review.''
EFFECTIVE DATE: November 15, 2000.
FOR FURTHER INFORMATION CONTACT: John Conniff or Alexander Amdur, AD/
CVD Enforcement, Office 4, Group II, Import Administration,
International Trade Administration, U.S. Department of Commerce, 14th
Street and Constitution Ave., N.W., Washington, D.C. 20230; telephone:
(202) 482-1009 or 482-5346, respectively.
SUPPLEMENTARY INFORMATION:
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's
regulations are to 19 CFR Part 351 (1999).
Background
On June 6, 2000, the Department published the preliminary results
of administrative review of the antidumping duty order on DRAMs from
Korea. See Dynamic Random Access Memory Semiconductors of One Megabit
or Above From the Republic of Korea: Preliminary Results of Antidumping
Duty Administrative Review and Notice of Intent Not to Revoke Order in
Part, 65 FR 35886 (June 6, 2000). We invited parties to comment on our
preliminary results of review. On September 5, 2000, we received case
briefs from Micron Technology, Inc. (``Micron''), the petitioner,
Hyundai, and LG. On September 12, 2000, we received rebuttal briefs
from Micron, Hyundai, and LG. The petitioner requested a public hearing
on June 12, 2000, and a public hearing was held on September 20, 2000.
The Department has conducted this administrative review in accordance
with section 751 of the Act.
Effective January 1, 2000, the Department revoked the antidumping
duty order on dynamic random access memory semiconductors of one
megabit and above (``DRAMs'') from the
[[Page 68977]]
Republic of Korea, pursuant to section 751(d)(2) of the Act and 19 CFR
351.222(i)(1). See DRAMs from the Republic of Korea; Final Results of
Full Sunset Review and Revocation of Order, 65 FR 5939 (October 5,
2000). Therefore, we will not issue cash deposit instructions to the
U.S. Customs Service (``Customs'') based on the results of this review.
We are conducting a truncated administrative review for the May 1,
1999, through December 30, 1999 period. Since the revocation is
currently in effect, current and future imports of DRAMs from Korea
will be entered into the United States without regard to antidumping
duties. We have instructed Customs to liquidate all entries as of
January 1, 2000 without regard to antidumping duties.
Scope of Review
Imports covered by the review are shipments of DRAMs from Korea.
Included in the scope are assembled and unassembled DRAMs. Assembled
DRAMs include all package types. Unassembled DRAMs include processed
wafers, uncut die, and cut die. Processed wafers produced in Korea, but
packaged or assembled into memory modules in a third country, are
included in the scope; wafers produced in a third country and assembled
or packaged in Korea are not included in the scope.
The scope of this review 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''), 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 which contain additional items which 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. The scope of this review also includes video random access
memory semiconductors (``VRAMS''), as well as any future packaging and
assembling of DRAMs; and, removable memory modules placed on
motherboards, with or without a central processing unit (``CPU''),
unless the importer of motherboards certifies with the Customs Service
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 review does not include DRAMs or memory modules that are
reimported for repair or replacement.
The DRAMS and modules subject to this review are currently
classifiable under subheadings 8471.50.0085, 8471.91.8085,
8542.11.0024, 8542.11.8026, 8542.13.8034, 8471.50.4000, 8473.30.1000,
8542.11.0026, 8542.11.8034, 8471.50.8095, 8473.30.4000, 8542.11.0034,
8542.13.8005, 8471.91.0090, 8473.30.8000, 8542.11.8001, 8542.13.8024,
8471.91.4000, 8542.11.0001, 8542.11.8024 and 8542.13.8026 of the
Harmonized Tariff Schedule of the United States (``HTSUS''). Although
the HTSUS subheadings are provided for convenience and customs
purposes, the Department's written description of the scope of this
review remains dispositive.
Facts Available (``FA'')
In accordance with section 776(a) of the Act, we have determined
that the use of adverse FA is warranted for G5, Kim's Marketing, Jewon,
and Wooyang for these final results of review.
1. Application of FA
Section 776(a) of the Act provides that, if an interested party
withholds information that has been requested by the Department, fails
to provide such information in a timely manner or in the form or manner
requested, significantly impedes a proceeding under the antidumping
statute, or provides information which cannot be verified, the
Department shall use, subject to sections 782(d) and (e), facts
otherwise available in reaching the applicable determination. In this
review, as described in detail below, the above-referenced companies
failed to provide the necessary information in the form and manner
requested, and, in some instances, the submitted information could not
be verified. Thus, pursuant to section 776(a) of the Act, the
Department is required to apply, subject to section 782(d), facts
otherwise available.
Section 782(d) of the Act provides that, if the Department
determines that a response to a request for information does not comply
with the request, the Department will inform the person submitting the
response of the nature of the deficiency and shall, to the extent
practicable, provide that person the opportunity to remedy or explain
the deficiency. If that person submits further information that
continues to be unsatisfactory, or this information is not submitted
within the applicable time limits, the Department may, subject to
section 782(e), disregard all or part of the original and subsequent
responses, as appropriate.
Pursuant to section 782(e) of the Act, notwithstanding the
Department's determination that the submitted information is
``deficient'' under section 782(d) of the Act, the Department shall not
decline to consider such information if all of the following
requirements are satisfied: (1) The information is submitted by the
established deadline; (2) the information can be verified; (3) the
information is not so incomplete that it cannot serve as a reliable
basis for reaching the applicable determination; (4) the interested
party has demonstrated that it acted to the best of its ability; and
(5) the information can be used without undue difficulties.
The Department has concluded that, because G5, Kim's Marketing,
Jewon, and Wooyang failed to respond to the Department's questionnaire,
a determination based on a total FA is warranted for these companies.
See the Preliminary Results for a detailed discussion of this analysis.
2. Selection of FA
In selecting from among the facts otherwise available, section
776(b) of the Act authorizes the Department to use an adverse inference
if the Department finds that an interested party failed to cooperate by
not acting to the best of its ability to comply with the request for
information. See, e.g., Certain Welded Carbon Steel Pipes and Tubes
From Thailand: Final Results of Antidumping Duty Administrative Review,
62 FR 53808, 53819-20 (October 16, 1997). In the Preliminary Results,
the Department determined that by not responding to the Department's
questionnaire, each of these four companies did not act to the best of
its respective abilities, and therefore an adverse inference is
warranted in applying facts available for these companies.
For the final results, no interested party comments were submitted
regarding this issue and we continue to find that the failure of G5,
Kim's Marketing, Jewon, and Wooyang to respond to the Department's
questionnaire in this review demonstrates that these entities failed to
cooperate by not acting to the best of their ability. Thus, consistent
with the Department's practice in cases where a respondent fails to
respond to the Department's questionnaire, in selecting FA for G5,
Kim's Marketing, Jewon, and Wooyang in this review, an adverse
inference is warranted. Therefore, we are assigning G5, Kim's
Marketing, Jewon, and Wooyang an adverse FA rate of 10.44 percent, the
rate calculated for Hyundai in a previous review and the
[[Page 68978]]
highest margin from any segment of the proceeding related to DRAMS from
Korea.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties to
this administrative review are addressed in the ``Issues and Decision
Memorandum'' (``Decision Memorandum'') from Holly A. Kuga, Acting
Deputy Assistant Secretary, Import Administration, to Troy H. Cribb,
Assistant Secretary for Import Administration, dated November 3, 2000,
which is hereby adopted by this notice. A list of the issues which
parties have raised and to which we have responded, all of which are in
the Decision Memorandum, is attached to this notice as an Appendix.
Parties can find a complete discussion of all issues raised in this
review and the corresponding recommendations in this public memorandum
which is on file in the Central Records Unit, room B-099 of the main
Department building. In addition, a complete version of the Decision
Memorandum can be accessed directly on the Web at http://ia.ita.doc.gov/frn/summary/list.htm. The paper copy and electronic
version of the Decision Memorandum are identical in content.
Changes Since the Preliminary Results
Based on our analysis of comments received, we have made certain
changes in the margin calculations. These changes are discussed in the
relevant sections of the ``Decision Memorandum.''
Final Results of Review
We determine that the following percentage weighted-average margins
exist for the period April 1, 1998 through, May 30, 1999:
------------------------------------------------------------------------
Margin
Manufacturer/exporter (percent)
------------------------------------------------------------------------
LG........................................................... 1.18
Hyundai...................................................... 2.30
G5........................................................... 10.44
Wooyang...................................................... 10.44
Jewon........................................................ 10.44
Kim's Marketing.............................................. 10.44
------------------------------------------------------------------------
Assessment
The Department shall determine, and the Customs Service shall
assess, antidumping duties on all appropriate entries. The Department
will issue appraisement instructions directly to the Customs Service.
Where the importer-specific assessment rate is above de minimis, we
will instruct Customs to assess antidumping duties on that importer's
entries of subject merchandise.
These final results of review shall be the basis for the assessment
of antidumping duties on entries of merchandise covered by this review.
For duty-assessment purposes, we calculated importer-specific
assessment rates by aggregating the dumping margins calculated for all
U.S. sales to each importer and dividing this amount by the total
estimated entered value reported for those sales. Hyundai and LG, in
accordance with the Department's questionnaire, estimated the entered
value of their respective sales by calculating the average of the
entered value of each control number for the POR. For all other
respondents, we based assessment rate on the facts available margin
percentage.
Notification
This notice serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f) to file a certificate regarding
the reimbursement of antidumping duties prior to liquidation of the
relevant entries during this review period. Failure to comply with this
requirement could result in the Secretary's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of doubled antidumping duties.
This notice also serves as a reminder to parties subject to
administrative protective order (``APO'') of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305. Timely notification of return/
destruction of APO materials or conversion to judicial protective order
is hereby requested. Failure to comply with the regulations and the
terms of an APO is a sanctionable violation.
We are issuing and publishing this determination and notice in
accordance with sections 751(a)(1) and 777(i) of the Act.
Dated: November 3, 2000.
Richard W. Moreland,
Acting Assistant Secretary for Import Administration.
Appendix--Issues in Decision Memorandum
Comments and Responses
1. Currency Conversions
2. Calculation of Foreign Currency Transaction Gains
3. Offset to Foreign Currency Translation Losses
4. Calculation of Foreign Currency Translation Gains
5. Allocation of Foreign Currency Translation Gains and Losses
6. Foreign Exchange Translation Losses in Construction in Progress
(``CIP'') Account
7. Offset for Long-Term Interest Income
8. Unspecified Foreign Exchange Gains and Losses
9. Research and Development (``R&D'')
10. Cross-Fertilization of R&D
11. Use of Cost of Goods Sold (``COGS'') to Calculate R&D Ratio
12. Calculation of LG's R&D Ratio
13. Calculation of LG's G&A Ratio
14. Increase in Useful Lives
15. Adjustment to Depreciation
16. Programming Error in LG's Depreciation Adjustment
17. Adjustment for Special Depreciation for LG
18. Level of Trade (``LOT'')/Constructed Export Price (``CEP'')
Offset
19. LG's Interest Expense
20. Calculation of CEP Profit for LG
21. Correction of LG's Concordance Program
22. Overstatement of LG's Duty Assessment Rate
[FR Doc. 00-29256 Filed 11-14-00; 8:45 am]
BILLING CODE 3510-DS-P