EN Official Journal of the European Union C 70/2

Notice concerning the countervailing measures in force on imports of certain electronic microcircuits known as DRAMs (dynamic random access memories) originating in the Republic of Korea

(2005/C 70/02)

The Commission has been informed that the countervailing duty on imports of certain electronic microcircuits known as DRAMs (dynamic random access memories) originating in the Republic of Korea is possibly not being levied on certain imports of the said DRAMs.

1. Product concerned

The product concerned is certain electronic microcircuits known as Dynamic Random Access Memories (‘DRAMs’), of all types, densities and variations, whether assembled, in processed wafer or chips (dies), manufactured using variations of Metal Oxide-Semiconductors (‘MOS’) process technology, including complementary MOS types (CMOS), of all densities (including future densities), irrespective of access speed, configuration, package or frame etc., originating in the Republic of Korea. The product concerned also includes DRAMs presented in (non-customized) memory modules or (non-customized) memory boards, or in some other kind of aggregate form, provided the main purpose of which is to provide memory.

The product concerned is currently classifiable within CN codes 8542 21 11, 8542 21 13, 8542 21 15, 8542 21 17, ex 8542 21 01 (TARIC code 8542210110), ex 8542 21 05 (TARIC code 8542210510), ex 8548 90 10 (TARIC code 8548901010), ex 8473 30 10 (TARIC code 8473301010) and ex 8473 50 10 (TARIC code 8473501010). These CN codes are given only for information.

2. Existing measures

The measures in force are a definitive countervailing duty imposed by Council Regulation (EC) No 1480/2003 (1).

3. Current situation regarding imports of the product concerned

The Commission has been informed that the countervailing duty is possibly not being levied on certain imports of the product concerned. Such situation may arise where DRAMs, whether or not incorporated into memory modules, memory boards or other aggregate forms, also contain components or DRAMs of non-Korean origin. The Commission intends to investigate this situation with a view to determining to what extent special provisions may need to be adopted in accordance with Article 24(3) of Council Regulation (EC) No 2026/97 (2) (‘the basic Regulation’) in order to ensure that the duty is correctly levied on imports of the product concerned. These special provisions may take the form of requirements to ensure the levying of the countervailing duty on DRAMs of Korean origin whether or not incorporated into the imported memory modules, memory boards or other aggregate forms. To this end, a requirement may be established for importers to submit, at the time of importation, a declaration of origin of the DRAMs, whether incorporated or not into memory modules, memory boards or other aggregate forms.

4. Procedure

The Commission invites interested parties to comment on the above situation. In addition, in order to obtain the information it deems necessary for an examination of this situation, the Commission will send a copy of this notice to the Community industry and to any association of producers in the Community, to the exporters/producers in the Republic of Korea and the importers which cooperated in the investigation which lead to the imposition of the existing measures, to any association of exporters/producers, to any association of importers and to the authorities of the exporting country concerned. The abovementioned parties or other interested parties may, within 40 days of the date of publication of this notice in the Official Journal of the European Union, make themselves known and provide the Commission with information regarding the above situation together with supporting evidence.

Furthermore, the Commission may hear interested parties, provided that they make a request showing that there are particular reasons why they should be heard. This request must be made within the abovementioned 40 day time limit.

All submissions and requests made by interested parties must be made in writing (not in electronic format, unless otherwise specified), and must indicate the name, address, e-mail address, telephone and fax, and/or telex numbers of the interested party. All written submissions and correspondence provided by interested parties on a confidential basis shall be labelled as ‘Limited’ (3) and, in accordance with Article 29(2) of the basic Regulation, shall be accompanied by a non-confidential version, which will be labelled ‘For inspection by interested parties’.

Commission address for correspondence:

European Commission Directorate-General for Trade Directorate B Office: J-79 5/16 B-1049 Brussels Fax (32-2) 295 65 05 Telex COMEU B 21877.

5. Use of the facts available

In case interested parties do not provide any information regarding the above situation within the time limits, or significantly impede the examination of the situation, findings, affirmative or negative, may be made in accordance with Article 28 of the basic Regulation, on the basis of the facts available.

Where it is found that any interested party has supplied false or misleading information, the information shall be disregarded and use may be made of the facts available.

If an interested party does not cooperate, or cooperates only partially, and findings are therefore based on facts available in accordance with Article 28 of the basic Regulation, the result may be less favourable to the party than if it had cooperated.

(1) OJ L 212, 22.8.2003, p. 1.

(2) OJ L 288, 21.10.1997, p. 1. Regulation as last amended by Council Regulation (EC) No 461/2004 (OJ L 77, 13.3.2004, p. 12).

(3) This means that the document is for internal use only. It is protected pursuant to Article 4 of Regulation (EC) No 1049/2001 of the European Parliament and of the Council (OJ L 145, 31.5.2001, p. 43). It is a confidential document pursuant to Article 29 of Council Regulation (EC) No 2026/97 (OJ L 288 21.10.1997, p. 1) and Article 12.4 of the WTO Agreement on Subsidies and Countervailing Measures (ASCM).