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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. FINDINGS. 
Congress makes the following findings: 
(1) The Government of Korea and the banks 
that it owns and controls have provided over
$16,000,000,000 in financial assistance to Hynix 
Semiconductor. 
(2) Hynix Semiconductor is essentially a bank-
rupt entity that would not be able to obtain loans 
from commercial sources. 
(3) Hynix Semiconductor has recently been im-
plicated in the illegal transfer of funds to North 
Korea in 2000. 
(4) The subsidies provided by the Government 
of Korea to Hynix Semiconductor are special and 
deferential and are provided specifically for the ben-
efit of that company. 
(5) The financial contributions made by the 
Government of Korea provide a substantial benefit 
to Hynix. 
(6) The imports of these subsidized products 
have caused material injury to the United States in-
dustry producing dynamic random access memory 
(DRAM) semiconductors, including substantial oper-
ating losses and significant layoffs of employees. 
SEC. 2. IMPOSITION OF COUNTERVAILING DUTIES ON 
HYNIX. 
If, in conducting an investigation under subtitle A of 
title VII of the Tariff Act of 1930 (19 U.S.C. 1671 et 
seq.) to determine whether to impose countervailing duties
on entries of dynamic random access memory (DRAM) 
semiconductors produced by Hynix Semiconductor—
(1) the administering authority makes an af-
firmative determination under section 703(d) of that 
Act with respect to such semiconductors, then the 
amount of a cash deposit, bond, or other security or-
dered under section 703(d)(1)(B) of that Act shall 
be 80 percent ad valorem for each entry of the sub-
ject merchandise, in lieu of any amount that would 
otherwise be ordered; 
(2) the administering authority makes an af-
firmative determination under section 705(c) of that 
Act with respect to such semiconductors, then the 
amount of a cash deposit, bond, or other security or-
dered under section 705(c)(1)(B)(ii) of that Act 
shall be 80 percent ad valorem for each entry of the 
subject merchandise, in lieu of any amount that 
would otherwise be ordered; and 
(3) the administering authority issues a coun-
tervailing duty order under section 706 of that Act 
with respect to such semiconductors, then the 
amount of the countervailing duty required under 
section 706(a)(1) of that Act and the amount of the 
deposit of estimated countervailing duties required 
under section 706(a)(3) of that Act shall be 80 per-