[Federal Register Volume 70, Number 212 (Thursday, November 3, 2005)]
[Notices]
[Pages 66848-66849]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-21949]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 701-TA-431 (Section 129 Consistency Determination)]
DRAMs and DRAM Modules from Korea
AGENCY: United States International Trade Commission.
ACTION: Institution of a proceeding under section 129(a)(4) of the
Uruguay Round Agreements Act (URAA) (19 U.S.C. 3538(a)(4)).
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SUMMARY: The Commission hereby gives notice that it has instituted this
proceeding following receipt on October 14, 2005, of a request from the
United States Trade Representative (USTR) for a determination under
section 129(a)(4) of the URAA that would render the Commission's action
in connection with Investigation No. 701-TA-431 not inconsistent with
the findings of the dispute settlement panel of the World Trade
Organization (WTO) in its report United States--Countervailing Duty
Investigation on Dynamic Random Access Memory Semiconductors (DRAMs)
from Korea, WT/DS296/R. For further information concerning the conduct
of this proceeding and rules of general application, consult the
Commission's Rules of Practice and Procedure, part 201, subparts A
through E (19 CFR part 201), and part 207, subpart A (19 CFR part 207).
DATES: Effective Date November 3, 2005.
FOR FURTHER INFORMATION CONTACT: Robert Carpenter (202-205-3160),
Office of Investigations, or Marc A. Bernstein (202-205-3087), Office
of General Counsel, U.S. International Trade Commission, 500 E Street,
SW., Washington, DC 20436. Hearing-impaired persons can obtain
information on this matter by contacting the Commission's TDD terminal
on 202-205-1810. Persons with mobility impairments who will need
special assistance in gaining access to the Commission should contact
the Office of the Secretary at 202-205-2000. General information
concerning the Commission may also be obtained by accessing its
Internet server (http://www.usitc.gov). The public record of
Investigation No. 701-TA-431 may be viewed on the Commission's
electronic docket (EDIS) at http://edis.usitc.gov.
SUPPLEMENTARY INFORMATION:
Background. In August 2003, the Commission determined that an
industry in the United States was materially injured by reason of
subsidized imports of DRAMs and DRAM modules from Korea. Countervailing
duties were then assessed against these products. The Republic of Korea
subsequently initiated a dispute settlement proceeding at the WTO
concerning the U.S. countervailing duty measure. Korea's action
challenged both the Department of Commerce's subsidy determination and
the Commission's injury determination.
The WTO dispute resolution panel issued its report on December 21,
2004. The panel evaluated six principal claims that Korea raised
against the Commission's injury determination. It ruled in favor of the
United States on five of these claims. The sixth claim concerned
whether the Commission properly complied with the obligation under
Article 15.5 of the WTO Agreement of Subsidies and Countervailing
Measures (ASCM) not to attribute to the subject imports injury caused
by other factors. The panel concluded that the Commission successfully
satisfied the non-attribution obligation with respect to the factors of
non-subject imports; capacity increases by DRAMs suppliers other than
Hynix, the sole producer of subject merchandise; and the purported
technological and production difficulties of U.S. producer Micron. It
also concluded, however, that the Commission did not successfully
satisfy the non-attribution obligation with respect to the factor of
declines in demand. Thus, in this one respect, the Panel concluded that
the Commission's determination was inconsistent with the ASCM. The
pertinent discussion appears at paragraphs 7.356-7.371 of the Panel
Report.
Neither the United States nor Korea appealed the aspects of the
Panel Report that addressed the Commission injury determination to the
WTO Appellate Body. Both countries did appeal other aspects of the
Panel Report, principally concerning Commerce's subsidy determination.
On June 27, 2005, the Appellate Body resolved the issues on appeal in
favor of the United States.
On July 20, 2005, the WTO Dispute Settlement Body (DSB) adopted the
Panel Report as modified by the Appellate Body. Consequently, the DSB's
action finalized the panel's conclusions concerning the Commission's
determination. On August 3, 2005, the United States informed the DSB
that it intends within a reasonable period of time to bring its measure
into conformity with the report that the DSB had adopted.
The USTR transmitted his request for this determination following
receipt from the Commission on September 22, 2005, of an advisory
report under section 129(a)(1) of the URAA stating that the Commission
has concluded that Title VII of the Tariff Act of 1930 permits it to
take steps in connection with its action in DRAMs and DRAM Modules from
Korea, Investigation No. 701-TA-431, that would render its action in
that proceeding not inconsistent with the findings of the dispute
settlement panel.
Participation in the investigation and public service list. Only
those persons who were interested parties to the original investigation
(i.e., persons listed on the Commission Secretary's service list) may
participate in this proceeding. Such persons wishing to participate in
this proceeding as parties must file an entry of appearance with the
Secretary to the Commission, as provided in section 201.11 of the
Commission's rules, no later than 21 days after publication of this
notice in the Federal Register. The Secretary will maintain a public
service list containing the names and addresses of all persons, or
their representatives, who are parties to this proceeding.
Limited disclosure of business proprietary information (BPI) under
an administrative protective order (APO) and APO service list. Pursuant
to section 207.7(a) of the Commission's rules, the Secretary will make
business proprietary information (BPI) gathered in the original
investigation available under administrative protective order (APO) to
authorized applicants that returned or destroyed all BPI received under
the APO in the original investigation or were not covered under the
original APO, provided that an application is made in this proceeding.
[[Page 66849]]
Any such application must be made no later than 21 days after
publication of this notice in the Federal Register. Authorized
applicants must represent interested parties, as defined in 19 U.S.C.
1677(9), who are parties to this proceeding. Parties that are currently
subject to the APO issued in Investigation No. 701-TA-431 by virtue of
their participation in the litigation before the Court of International
Trade in Hynix Semiconductor Inc. v. United States, Ct. No. 03-652,
need not file a new APO application in this proceeding. The Secretary
will maintain a separate service list for those parties authorized to
receive BPI under the APO.
Limitations on the scope of this proceeding. This proceeding is
being conducted in order for the Commission to make a determination
that would render its action in DRAMs and DRAM Modules from Korea,
Investigation No. 701-TA-431, not inconsistent with the findings of the
WTO dispute settlement panel. Thus, this proceeding only involves
issues related to the WTO dispute settlement findings and does not
involve issues that were not in dispute in the WTO proceeding or on
which the WTO dispute settlement panel found the United States in
conformity with its obligations under the WTO. As discussed above, the
only issue on which the WTO dispute settlement panel found the
Commission's injury determination inconsistent with the ASCM pertained
to the question of whether the Commission attributed to the subject
imports any injury that may have been caused by declines in demand. Any
material in the parties' submissions that contains new factual
information or that addresses any issue beyond the scope of this
proceeding will be disregarded.
Written Submissions. The Commission is not reopening the record in
this proceeding for submission of new factual information. The
Commission will, however, permit the parties to file comments and
rebuttal comments pertaining to the issue that is within the scope of
this proceeding. The deadline for filing comments is December 5, 2005.
Comments shall be limited to no more than forty (40) double-spaced and
single-sided pages of textual material. The deadline for filing
rebuttal comments is December 19, 2005. Rebuttal comments shall be
limited to no more than twenty (20) double-spaced and single sided
pages of textual material.
Any material in the parties' submissions that contains new factual
information or that addresses any issue beyond the scope of this
proceeding will be disregarded.
All written submissions must conform with the provisions of section
201.8 of the Commission's rules; any submissions that contain BPI must
also conform with the requirements of sections 201.6, 207.3, and 207.7
of the Commission's rules. The Commission's rules do not authorize
filing of submissions with the Secretary by facsimile or electronic
means, except to the extent permitted by section 201.8 of the
Commission's rules, as amended, 67 FR 68036 (November 8, 2002).
In accordance with sections 201.16(c) and 207.3 of the Commission's
rules, each document filed by a party to the investigation must be
served on all other parties to the investigation (as identified by
either the public or BPI service list), and a certificate of service
must be timely filed. The Secretary will not accept a document for
filing without a certificate of service.
The Commission has concluded that, because it is not reopening the
record, conducting a hearing is inappropriate in this proceeding.
Issued: October 31, 2005.
By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 05-21949 Filed 11-2-05; 8:45 am]
BILLING CODE 7020-02-P