[Federal Register Volume 67, Number 2 (Thursday, January 3, 2002)]
[Notices]
[Page 345]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-139]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 731-TA-762]
Static Random Access Memory Semiconductors From Taiwan; Notice of
Final Decision Affirming Remand Determination
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
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SUMMARY: The Commission hereby gives notice of a final court decision
affirming its final negative determination, made pursuant to court
remand, in the antidumping duty investigation of static random access
memory semiconductors (SRAMs) from Taiwan.
FOR FURTHER INFORMATION CONTACT: Michael Diehl, Esq., Office of the
General Counsel, U.S. International Trade Commission, telephone (202)
205-3095. Hearing-impaired persons are advised that information on this
matter can be obtained by contacting the Commission's TDD terminal on
(202) 205-1810. General information concerning the Commission may also
be obtained by accessing its Internet server (http://www.usitc.gov).
SUPPLEMENTARY INFORMATION: In April of 1998, the Commission published
its determination that an industry in the United States was materially
injured by reason of imports of SRAMs from Taiwan found by the
Department of Commerce (Commerce) to be sold at less than fair value.
The Commission also found that the domestic industry was not materially
injured or threatened with material injury by reason of subject imports
of SRAMs from the Republic of Korea. Static Random Access Memory
Semiconductors from the Republic of Korea and Taiwan, Investigation
Nos. 731-TA-761-762 (Final), USITC Pub. 3098 (April 1998). See 63 FR
18443 (April 15, 1998).
The Taiwan Semiconductor Industry Association and others sought
review of the affirmative determination in the United States Court of
International Trade (CIT). On June 30, 1999, the CIT remanded the
determination to the Commission with instructions to provide further
explanation regarding the Commission's volume and price effects
determinations. Taiwan Semiconductor Industry Ass'n v. United States,
59 F.Supp.2d 1324 (CIT 1999) (Taiwan I).
After an additional remand from the CIT on April 11, 2000, Taiwan
Semiconductor Industry Ass'n v. United States, 105 F.Supp.2d 1363
(2000) (Taiwan II), the Commission determined that a domestic industry
in the United States was not materially injured or threatened with
material injury by reason of subject imports of SRAMs from Taiwan.
Static Random Access Memory Semiconductors from Taiwan (Views on
Remand), Investigation No. 731-TA-762 (Second Remand), USITC Pub. 3319
(June 2000). On August 29, 2000, the CIT affirmed the Commission's
negative remand determination. Taiwan Semiconductor Industry Ass'n v.
United States, 118 F.Supp.2d 1250 (CIT 2000) (Taiwan III).
On September 28, 2000, Commerce published notice of the CIT
decision, pursuant to 19 U.S.C. 1516a(c). 65 F.R. 58263. In accordance
with Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 1990),
Commerce stated that it would continue to order the suspension of
liquidation of the subject merchandise. Commerce also indicated that,
if the CIT decision was affirmed on appeal, it would revoke the
antidumping duty order.
Petitioner Micron Technology, a domestic producer of SRAMs,
appealed the CIT's decisions in Taiwan I and Taiwan III. On September
21, 2001, the United States Court of Appeals for the Federal Circuit
(CAFC) affirmed the CIT's decision to remand for further explanation in
Taiwan I, and affirmed the Commission's negative remand determination.
Taiwan Semiconductor Industry Ass'n v. United States, 266 F.3d 1339
(2001). The CAFC issued its mandate on December 11, 2001.
The judicial proceedings having ended and the final court decision
having been issued, the Commission, pursuant to 19 U.S.C. 1516a(e),
publishes notice of the final court decision affirming its negative
remand determination.
Issued: December 28, 2001.
By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 02-139 Filed 1-2-02; 8:45 am]
BILLING CODE 7020-02-M