2336 Federal Register / Vol. 76, No. 9 / Thursday, January 13, 2011 / Notices 

Agreements Act, 74 FR 19527 (April 29, 

2009)). These deposit requirements, 

when imposed, shall remain in effect 

until further notice. 

Notifications to Interested Parties 

This notice also serves as a final 

reminder to importers of their 

responsibility under 19 CFR 

351.402(f)(2) 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 

Department’s presumption that 

reimbursement of the antidumping 

duties occurred and the subsequent 

assessment of doubled antidumping 

duties. 

This notice also serves as a reminder 

to parties subject to administrative 

protective orders (APOs) of their 

responsibility concerning the 

disposition of proprietary information 

disclosed under APO in accordance 

with 19 CFR 351.305, which continues 

to govern business proprietary 

information in this segment of the 

proceeding. Timely written notification 

of the return or 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. 

This notice is issued and published in 

accordance with sections 751(a)(1) and 

777(i)(1) of the Act. 

Dated: January 5, 2011. 

Ronald K. Lorentzen, 

Deputy Assistant Secretary for Import 

Administration. 

Appendix—List of Issues in Issues and 

Decision Memorandum 

Comment 1: Ministerial Errors 

Comment 2: Offsetting for U.S. Sales that 

Exceed Normal Value 

Comment 3: Contemporaneous Model 

Matching 

Comment 4: Date of Sale 

Comment 5: U.S. Indirect Selling Expenses 

Comment 6: Circumstance of Sale 

Adjustment 

Comment 7: The Use of Quarterly Costs for 

the Cost Recovery Test 

Comment 8: TKSI SG&A Ratio for Purchases 

from Affiliates 

Comment 9: Profit Sharing Expenses 

Included in G&A 

Comment 10: G&A ratio includes Offsets for 

Other Income 

Comment 11: The COP Database 

[FR Doc. 2011–626 Filed 1–12–11; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[C–580–851] 

Dynamic Random Access Memory 

Semiconductors From the Republic of 

Korea: Final Results of Countervailing 

Duty Administrative Review 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: On September 14, 2010, the 

Department of Commerce published in 

the Federal Register its preliminary 

results of administrative review of the 

countervailing duty order on dynamic 

random access memory semiconductors 

from the Republic of Korea for the 

period January 1, 2008, through August 

10, 2008. We provided interested parties 

with an opportunity to comment on the 

preliminary results. Our analysis of the 

comments submitted led to a change in 

the net subsidy rate. The final net 

subsidy rate for Hynix Semiconductor, 

Inc. is listed below in the section 

entitled ‘‘Final Results of Review.’’ 

DATES: Effective Date: January 13, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Shane Subler or Jennifer Meek, AD/CVD 

Operations, Office 1, Import 

Administration, U.S. Department of 

Commerce, 14th Street and Constitution 

Avenue, NW., Washington, DC 20230; 

telephone: (202) 482–0189 or (202) 482– 

2778, respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

The following events have occurred 

since the publication of the preliminary 

results of this review. See Dynamic 

Random Access Memory 

Semiconductors From the Republic of 

Korea: Preliminary Results of 

Countervailing Duty Administrative 

Review, 75 FR 55764 (September 14, 

2010) (‘‘Preliminary Results’’). 

On October 14, 2010, we received a 

case brief from the petitioner, Micron 

Technology, Inc. (‘‘Micron’’), and a joint 

case brief from Hynix Semiconductor, 

Inc. (‘‘Hynix’’) and the Government of 

the Republic of Korea (‘‘GOK’’). On 

October 19, 2010, Micron submitted a 

rebuttal brief. Hynix and the GOK also 

submitted a joint rebuttal brief on this 

date. 

Scope of the Order 

The products covered by the 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 the 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. 

The scope also covers future DRAMS 

module types. 

The scope of the 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 dataout, 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 the order are removable memory 

modules placed on motherboards, with 

or without a central processing unit, 

unless the importer of the motherboards 

certifies with U.S. Customs and Border 

Protection (‘‘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 the order does not include 

DRAMS or memory modules that are reimported for repair or replacement. 

The DRAMS subject to the order are 

currently classifiable under subheadings 

8542.21.8005, 8542.21.8020 through 

8542.21.8030, and 8542.32.0001 through 

8542.32.0023 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 

8473.30.1040, 8473.30.1080, 

8473.30.1140, and 8473.30.1180 of the 


srobinson on DSKHWCL6B1PROD with NOTICES
Federal Register / Vol. 76, No. 9 / Thursday, January 13, 2011 / Notices 2337 

1For the calculation of the per-megabit rate, see 

Memorandum to the File from Shane Subler and 

Jennifer Meek, ‘‘Final Results Calculations for Hynix 

Semiconductor, Inc.’’ (January 5, 2010). 

HTSUS. Removable memory modules 

placed on motherboards are classifiable 

under subheadings 8443.99.2500, 

8443.99.2550, 8471.50.0085, 

8471.50.0150, 8517.30.5000, 

8517.50.1000, 8517.50.5000, 

8517.50.9000, 8517.61.0000, 

8517.62.0010, 8517.62.0050, 

8517.69.0000, 8517.70.0000, 

8517.90.3400, 8517.90.3600, 

8517.90.3800, 8517.90.4400, 

8542.21.8005, 8542.21.8020, 

8542.21.8021, 8542.21.8022, 

8542.21.8023, 8542.21.8024, 

8542.21.8025, 8542.21.8026, 

8542.21.8027, 8542.21.8028, 

8542.21.8029, 8542.21.8030, 

8542.31.0000, 8542.33.0000, 

8542.39.0000, 8543.89.9300, and 

8543.89.9600 of the HTSUS. However, 

the product description, and not the 

HTSUS classification, is dispositive of 

whether merchandise imported into the 

United States falls within the scope. 

Scope Rulings 

On December 29, 2004, the 

Department of Commerce 

(‘‘Department’’) received a request from 

Cisco Systems, Inc., to determine 

whether removable memory modules 

placed on motherboards that are 

imported for repair or refurbishment are 

within the scope of the CVD Order. See 

Notice of Countervailing Duty Order: 

Dynamic Random Access Memory 

Semiconductors from the Republic of 

Korea, 68 FR 47546 (August 11, 2003) 

(‘‘CVD Order’’). The Department 

initiated a scope inquiry pursuant to 19 

CFR 351.225(e) on February 4, 2005. On 

January 12, 2006, the Department issued 

a final 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. 

See Memorandum from Stephen J. 

Claeys to David M. Spooner, regarding 

Final Scope Ruling, Countervailing Duty 

Order on DRAMs from the Republic of 

Korea (January 12, 2006). 

Period of Review 

The period for which we are 

measuring subsidies, i.e., the period of 

review (‘‘POR’’), is January 1, 2008, 

through August 10, 2008. 

Analysis of Comments Received 

We have addressed all issues raised in 

the case and rebuttal briefs in the 

January 5, 2011, Issues and Decision 

Memorandum for the Final Results in 

the Sixth Administrative Review of the 

Countervailing Duty Order on Dynamic 

Random Access Memory 

Semiconductors from the Republic of 

Korea from Christian Marsh, Deputy 

Assistant Secretary for Antidumping 

and Countervailing Duty Operations, to 

Ronald K. Lorentzen, Deputy Assistant 

Secretary for Import Administration 

(‘‘Decision Memorandum’’), which is 

hereby adopted by this notice. Attached 

to this notice as an appendix is a list of 

the issues which parties have raised and 

to which we have responded in the 

Decision Memorandum. 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 Department’s Central Records Unit, 

Room 7046 of the main Department 

building. In addition, a complete 

version of the public Decision 

Memorandum can be accessed directly 

on the Internet at http:// 

www.ia.ita.doc.gov/frn. The paper copy 

and electronic version of the Decision 

Memorandum are identical in content. 

Final Results of Review 

In accordance with 19 CFR 

351.221(b)(5), we calculated an 

individual subsidy rate for the producer, 

Hynix. For the period January 1, 2008, 

through August 10, 2008, we find that 

the ad valorem net subsidy rate for 

Hynix is 1.93 percent. 

Assessment Rates 

The Department intends to issue 

assessment instructions to CBP fifteen 

days after the date of publication of 

these final results of this review. The 

Department will instruct CBP to 

liquidate shipments of DRAMS by 

Hynix entered or withdrawn from 

warehouse, for consumption from 

January 1, 2008, through August 10, 

2008, at 1.93 percent ad valorem of the 

F.O.B. invoice price, or 0.0033 U.S. 

dollars per megabit, as appropriate.1

Cash Deposits 

On October 3, 2008, the Department 

published a Federal Register notice 

that, inter alia, revoked this order, 

effective August 11, 2008. See Dynamic 

Random Access Memory 

Semiconductors From the Republic of 

Korea: Final Results of Sunset Review 

and Revocation of Order, 73 FR 57594 

(October 3, 2008). As a result, CBP is no 

longer suspending liquidation for 

entries of subject merchandise occurring 

after the revocation. Therefore, there is 

no need to issue new cash deposit 

instructions pursuant to the final results 

of this administrative review. 

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(a)(3). Timely 

written 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. 

This administrative review and notice 

are issued and published in accordance 

with section 751(a)(1) of the Tariff Act 

of 1930, as amended. 

Dated: January 5, 2011. 

Ronald K. Lorentzen, 

Deputy Assistant Secretary for Import 

Administration. 

Appendix I—Comments in the Decision 

Memorandum 

Comment 1: Income Tax Treatment of 

Hynix’s Debt Restructuring 

Comment 2: Allocation Method for 

Tax Benefit 

Comment 3: Clerical Error Allegations 

Comment 4: Circumvention of the 

Order 

[FR Doc. 2011–615 Filed 1–12–11; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–570–827] 

Certain Cased Pencils From the 

People’s Republic of China: 

Preliminary Results and Partial 

Rescission of Antidumping Duty 

Administrative Review 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

DATES: Effective Date: January 13, 2011. 

SUMMARY: The Department of Commerce 

(‘‘the Department’’) has preliminarily 

determined that the respondents in this 

review, for the period December 1, 2008, 

through November 30, 2009, have made 

sales of subject merchandise at less than 

normal value. If these preliminary 

results are adopted in the final results 

of this review, we will instruct U.S. 

Customs and Border Protection (‘‘CBP’’) 

to assess antidumping duties on all 

appropriate entries. 

The Department is also rescinding 

this review for those foreign producers/ 

exporters for which requests for review 

were timely withdrawn. For the 


srobinson on DSKHWCL6B1PROD with NOTICES