[Federal Register Volume 65, Number 194 (Thursday, October 5, 2000)]
[Notices]
[Pages 59391-59392]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-25618]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-812]


Dynamic Random Access Memory Semiconductors (``DRAMs'') of One 
Megabit and Above From the Republic of Korea; Final Results of Full 
Sunset Review and Revocation of Order

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

ACTION: Notice of final results of full sunset review: Revocation of 
antidumping duty order on DRAMs of one megabit and above from the 
Republic of Korea.

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SUMMARY: On May 30, 2000, the Department of Commerce (``the 
Department'') published a notice of preliminary results of the full 
sunset review of the antidumping duty order on DRAMs of one megabit and 
above from the Republic of Korea (65 FR 34439) pursuant to section 
751(c) of the Tariff Act of 1930, as amended (``the Act''). We provided 
interested parties an opportunity to comment on our preliminary 
results. We received comments from both domestic and respondent 
interested parties. Subsequently, on September 27, 2000, we received a 
letter from the petitioner, Micron Technology, Inc. (``Micron''), 
withdrawing its notice of intent to participate in this sunset review, 
originally filed on November 16, 1999. Further, Micron withdrew its 
responses from this review and stated its support for revocation of the 
antidumping order on DRAMs of One Megabit and Above from the Republic 
of Korea (``DRAMs from Korea''). Because no domestic interested party 
is now participating in this sunset review, the Department is revoking 
the order.

EFFECTIVE DATE: October 5, 2000.

FOR FURTHER INFORMATION CONTACT: John P. Maloney, Jr. or James Maeder, 
Office of Policy for Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington, D.C. 20230; telephone: (202) 482-
1503 or (202) 482-3330, respectively.

Statute and Regulations

    This review was conducted pursuant to sections 751(c) and 752 of 
the Act. The Department's procedures for the conduct of sunset reviews 
are set forth in Procedures for Conducting Five-year (``Sunset'') 
Reviews of Antidumping and Countervailing Duty Orders, 63 FR 13516 
(March 20, 1998) (``Sunset Regulations''), and in 19 CFR Part 351 
(1999) in general.
    Guidance on methodological or analytical issues relevant to the 
Department's conduct of sunset reviews is set forth in the Department's 
Policy Bulletin 98:3--Policies Regarding the Conduct of Five-year 
(``Sunset'') Reviews of Antidumping and Countervailing Duty Orders; 
Policy Bulletin, 63 FR 18871 (April 16, 1998) (``Sunset Policy 
Bulletin'').

Background

    On May 30, 2000, the Department published in the Federal Register a 
notice of preliminary results of the full sunset review of the 
antidumping duty order on DRAMs of one megabit and above from the 
Republic of Korea pursuant to the Act. In our preliminary results, we 
determined that revocation of the order would be likely to lead to 
continuation or recurrence of dumping. In addition, we preliminarily 
determined that the following margins are likely to prevail for 
respective manufactures/exporters if the order were revoked: Hyundai--
20.88 percent and All Others--4.55 percent.
    On July 11, 2000, and on July 12, 2000, we received final versions 
of case briefs from Hyundai and Micron Technology, Inc. (``Micron''), 
respectively, within the deadline provided for in 19 CFR 
351.309(c)(1)(i). Also, on July 17, 2000, and on July 18, 2000, Micron 
and Hyundai, respectively, submitted final versions of rebuttal briefs 
within the deadline provided for in 19 CFR 351.309(d). The Department 
held a public hearing on August 9, 2000. Subsequently, on September 27, 
2000, Micron withdrew its interest in this sunset review and withdrew 
its responses from the record.

Scope of Review

    The products covered by this review include DRAMs of one megabit 
and above from Korea. 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 re-
imported for repair or replacement.
    The DRAMs and modules subject to this review are 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.

Final Results of Review

Determination To Revoke

    Because it withdrew both its notice of intent to participate in 
this sunset review and its responses from the record, the Department 
now determines that Micron has not responded to the Notice of 
Initiation as set out in section 751(c) of the Act. Without responses 
from Micron or any other domestic interested party on the record of 
this sunset review, the Department no longer finds that revocation of 
the order would

[[Page 59392]]

be likely to lead to the continuation of dumping.
    In addition, the Department notes that Micron affirmatively 
supports revocation of the order in this sunset review. Given that the 
Department no longer finds that revocation of the order would be likely 
to lead to the continuation of dumping, pursuant to section 751(d)(2) 
of the Act and section 351.222(i)(1) of the Sunset Regulations, the 
Department hereby revokes the order on DRAMs from Korea.
    This notice also serves as the only reminder to parties subject to 
administrative protective orders (``APO'') of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305 of the 
Department's regulations. Timely 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 terms 
of an APO is a violation which is subject to sanction.
    This five-year (``sunset'') review and notice are in accordance 
with sections 751(c), 752, and 777(i)(1) of the Act.

Effective Date of Revocation

    Pursuant to section 751(c)(6)(A)(iv) of the Act, the Department 
will instruct the United States to terminate the suspension of 
liquidation of the merchandise subject to this order entered, or 
withdrawn from warehouse, on or after January 1, 2000. Entries of 
subject merchandise prior to the effective date of revocation will 
continue to be subject to suspension of liquidation and antidumping 
duty deposit requirements. The Department will complete any pending 
administrative reviews of this order and will conduct administrative 
reviews of subject merchandise entered prior to the effective date of 
revocation in response to appropriately filed request for review.

    Dated: September 29, 2000.
Troy H. Cribb,
Acting Assistant Secretary for Import Administration.
[FR Doc. 00-25618 Filed 10-4-00; 8:45 am]
BILLING CODE 3510-DS-P