I 

108TH CONGRESS 

1ST SESSION H. R. 1494

To provide for certain deposits and countervailing duties to be imposed 

on imports of dynamic random access memory (DRAM) semiconductors 

produced by Hynix Semiconductor if certain affirmative determinations 

are made under subtitle A of title VII of the Tariff Act of 1930. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 27, 2003

Mr. OTTER (for himself and Mr. SIMPSON) introduced the following bill; which 

was referred to the Committee on Ways and Means 

A BILL

To provide for certain deposits and countervailing duties 

to be imposed on imports of dynamic random access 

memory (DRAM) semiconductors produced by Hynix 

Semiconductor if certain affirmative determinations are 

made under subtitle A of title VII of the Tariff Act 

of 1930.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. FINDINGS. 

4 Congress makes the following findings: 

5 (1) The Government of Korea and the banks 

6 that it owns and controls have provided over 
2

•HR 1494 IH 

1 $16,000,000,000 in financial assistance to Hynix 

2 Semiconductor. 

3 (2) Hynix Semiconductor is essentially a bank4 rupt entity that would not be able to obtain loans 

5 from commercial sources. 

6 (3) Hynix Semiconductor has recently been im7 plicated in the illegal transfer of funds to North 

8 Korea in 2000. 

9 (4) The subsidies provided by the Government 

10 of Korea to Hynix Semiconductor are special and 

11 deferential and are provided specifically for the ben12 efit of that company. 

13 (5) The financial contributions made by the 

14 Government of Korea provide a substantial benefit 

15 to Hynix. 

16 (6) The imports of these subsidized products 

17 have caused material injury to the United States in18 dustry producing dynamic random access memory 

19 (DRAM) semiconductors, including substantial oper20 ating losses and significant layoffs of employees. 

21 SEC. 2. IMPOSITION OF COUNTERVAILING DUTIES ON 

22 HYNIX. 

23 If, in conducting an investigation under subtitle A of 

24 title VII of the Tariff Act of 1930 (19 U.S.C. 1671 et 

25 seq.) to determine whether to impose countervailing duties 
3

•HR 1494 IH 

1 on entries of dynamic random access memory (DRAM) 

2 semiconductors produced by Hynix Semiconductor—

3 (1) the administering authority makes an af4 firmative determination under section 703(d) of that 

5 Act with respect to such semiconductors, then the 

6 amount of a cash deposit, bond, or other security or7 dered under section 703(d)(1)(B) of that Act shall 

8 be 80 percent ad valorem for each entry of the sub9 ject merchandise, in lieu of any amount that would 

10 otherwise be ordered; 

11 (2) the administering authority makes an af12 firmative determination under section 705(c) of that 

13 Act with respect to such semiconductors, then the 

14 amount of a cash deposit, bond, or other security or15 dered under section 705(c)(1)(B)(ii) of that Act 

16 shall be 80 percent ad valorem for each entry of the 

17 subject merchandise, in lieu of any amount that 

18 would otherwise be ordered; and 

19 (3) the administering authority issues a coun20 tervailing duty order under section 706 of that Act 

21 with respect to such semiconductors, then the 

22 amount of the countervailing duty required under 

23 section 706(a)(1) of that Act and the amount of the 

24 deposit of estimated countervailing duties required 

25 under section 706(a)(3) of that Act shall be 80 per-
4

•HR 1494 IH 

1 cent ad valorem for each entry of the subject mer2 chandise, in lieu of any amount that would otherwise 

3 be ordered. 

4 SEC. 3. ADMINISTRATIVE REVIEWS. 

5 If, pursuant to a review under subtitle C of title VII 

6 of the Tariff Act of 1930 (19 U.S.C. 1675 et seq.) of a 

7 countervailing duty order described in section 2(3), the 

8 countervailing duty order is continued, then the amount 

9 of the countervailing duty required under the order, and 

10 the amount of the deposit of estimated countervailing du11 ties required for entries of the subject merchandise, shall 

12 be 80 percent ad valorem for each entry of the subject 

13 merchandise, in lieu of any amount that would otherwise 

14 be ordered.

Æ