Document: WT/DS296/R Page F-1 ANNEX F LIST OF FIGURES AND EXHIBITS Contents Page Annex F-1 List of Figures and Exhibits of Korea F-2 Annex F-2 List of Figures and Exhibits of the United States F-9
Document codes: WT/DS296/R
Complainant: South Korea
Respondent: U.S.
Third parties: China, Taiwan, EU, Japan
Dispute stage: Appellate Body
Agreements cited: Art. 1, 2, 10, 12, 14, 15, 19, 22, 32  Subsidies and Countervailing Measures (SCM)Art. VI:3  GATT 1994

ANNEX F

LIST OF FIGURES AND EXHIBITS

Contents Page
Annex F-1 List of Figures and Exhibits of Korea F-2
Annex F-2 List of Figures and Exhibits of the United States F-9

ANNEX F-1

LIST OF FIGURES AND EXHIBITS OF KOREA

Figure
Korea-

Title of Figure

1

The Extreme Business Cycles of the DRAM Industry

2

Fewer DRAM Companies Dominate the Market

3

DRAM Prices Have Become Much More Volatile

4

Prices Decline Over Time, But Are Consistent On Global Basis

5

Largest US Customers of DRAMs Insist On A Global Price
6

Major DRAM Customers Increasingly Manufacture in Non-US Locations
7

DRAM Consumption Grows Dramatically
8

America's Market Share by Supplier Brand
9

US Market Shares
10

Micron's Consistent Capital Spending
11

Relative DRAM Capital Spending
12

Micron and Infineon Have Global and Expanding Scale
13

Micron Had Improving Cashfrom Operations During Downturns
14

Micron Was Better Off Than Previous Troughs
15

Domestic Industry Has Been Increasing Market Share
16

Hynix Market Share and Micron/Infineon Profitability Do Not Correlate
17

Overview of ITC Approach to Pricing
18

ITC Approach to Pricing Masks Key Information
19

Historical Changes in DRAM Wafer-Start Capacity July 2000-April 2003
20

Historical Changes in DRAM Functional Capacity July 200-April 2003

Exhibit
Korea-

Title of Exhibit

1

DRAMs and DRAM Modules from Korea [Inv. No. 701-TA-431 (Preliminary)],
Institution of Countervailing Duty Investigation and Scheduling of Preliminary Phase
Investigation, 67 Fed. Reg. 68176, 8 November 2002
2

DRAMs and DRAM Modules from Korea [C-580-851], Notice of Initiation of
Countervailing Duty Investigation, 67 Fed. Reg. 70927, 27 November 2002

Exhibit
Korea-

Title of Exhibit

3

DRAMs and DRAM Modules from Korea [Inv. No. 701-TA-431 (Preliminary)],
Preliminary Injury Determination, 67 Fed. Reg. 79148, 27 December 2002
4

DRAMs and DRAM Modules from Korea [C-580-851], Preliminary Affirmative
Countervailing Duty Determination, 68 Fed. Reg. 16766, 7 April 2003
5

DRAMs and DRAM Modules from Korea [C-580-851], Final Affirmative
Countervailing Duty Determination, 68 Fed. Reg. 37122, 23 June 2003, and Issues
and Decision Memorandum for the Final Determination
6

DRAMs and DRAM Modules from Korea [C-580-851], Notice of Amended Final
Affirmative Countervailing Duty Determination:, 68 Fed. Reg. 44290, 28 July 2003
7

DRAMs and DRAM Modules from Korea [Inv. No. 701-TA-431 (Final)], Final Injury
Determination, 68 Fed. Reg. 47607, 11 August 2003
8

DRAMs and DRAM Modules from Korea [C-580-851], Notice of Countervailing
Duty Order, 68 Fed. Reg. 47546, 11 August 2003
9

DRAMs and DRAM Modules from Korea [Inv. No. 701-TA-431 (Preliminary)],
Determinations and Views of the Intl. Trade Commission, USITC Pub. No. 3569,
December 2002
10

DRAMs and DRAM Modules from Korea [Inv. No. 701-TA-431 (Final)],
Determination and Views of the Intl. Trade Commission, USITC Pub. No. 3616,
August 2003
11

RESERVED
12

In the Matter of DRAMs and DRAM Modules from Korea [Inv. No. 701-TA-431
(Preliminary)], Transcript of the Intl. Trade Commission Staff Conference, 22
November 2002

13

In the Matter of DRAMs and DRAM Modules from Korea [Inv. No. 731-TA-431
(Final)], Transcript of the Intl. Trade Commission Hearing, 24 June 2003
14

Hynix Presentation Material at the Intl. Trade Commission Hearing, 24 June 2003
15

19 U.S.C. 1677
16

Dynamic Random Access Memory Semiconductors of One Megabit and Above from
Taiwan [Inv. No. 731-TA-811 (Final)], Determination and Views of the Intl. Trade
Commission, USITC Pub. No. 3256, December 1999
17

Respondents’ Joint Post-Conference Brief, 2 December 2002

(a) Hynix Answers to Commission Staff Questions

(b) Micron London Roadshow

18

Hynix Semiconductor’s Pre-Hearing Brief; DRAMs and DRAM Modules from Korea
[Inv. No. 731-TA-431 (Final)], 19 June 2003

(a) Hynix Pre-Hearing Brief Selected Articles

(b) Berenberg Bank Sector Analysis--Semiconductors, 9 July 2002

Exhibit
Korea-

Title of Exhibit
(c) Micron Computing and Consumer Gr oup Update Presentation, January 2003
(Excerpts)

(d) DRAM Market Forecast: Déjà vu (Cahners In-Stat Data)

(e) ICIS-LOR Competitive Analysis

(f) Micron Year in Review 2001 and 2002

(g) Morningstar.com Financial Summary

(h) IDC Competitive Analysis

(i) Gartner/Dataquest Data for Market Share

(j) Micron 4Q 2002 Conference Call Excerpts

(k) Strategic Marketing Associates/International Fabs on Disks

19

Hynix Semiconductor’s Post-Hearing Br ief and Answers to Questions by
Commissioners and Staff: DRAMs and DRAM Modules from Korea [Inv. No. 701-
TA-431 (Final)], 2 July 2003

(a) Commission and Staff Questions and Answers

(b) Customer Inventories Documentation

(c) Rambus Shipment Data

(d) Market Share Data

20

Final Comments of Hynix Semiconductor: DRAMs from Korea [Inv. 701-TA-
431(Final)], 21 July 2003
21

Hynix’s Questionnaire Response to the Department of Commerce, 27 January 2003

(a) Citibank/SSB Engagement Letter

(b) KRW 800 Billion Loan Agreement

(c) GDR Offering Memorandum

(d) Audited Financial Reports 1998-June 2002

(e) KRW 994.1 Billion Bond Table

(f) April 17 SSB Private Capitalization Proposals

(g) Outside Expert Analysis on Hynix Market Position

(h) Creditor Financial Institution’s Council Meeting Agenda -- October
Restructuring

Exhibit
Korea-

Title of Exhibit
(i) Table Listing Shares Issued in Debt-to-Equity Swap

(j) October 2001 Restructuring Fresh Loan Agreement

(k) KEIC Insurance Table

(l) SSB Discussion Documents

(m) Hynix Stock Volume and Value Change Data

22

Questionnaire Response of the Government of the Republic of Korea to the
Department of Commerce, 3 February 2003

(a) BOK Paper on Korean Financial Reform

(b) Article 20.3 of the Enforcement Decree of the Banking Act

(c) Corporate Restructuring Promotion Act

23

Hynix’s Supplemental Questionnaire Res ponse to the Departme nt of Commerce,
4 March 2003

(a) SSB/Hynix Discussion Documents from 30 July, 1 August and 9 August,
5 September, and 27 September 2001

(b) Agreement Forming Hynix’ s First Creditor’s Council

(c) KDB Debenture Programme Table

(d) Bond Ratings issued by National Information & Credit Evaluation Inc. and
Korea Management Consulting & Cred it Rating Corp. in Relation to KRW
994.1 Billion CB

(e) October Restructuring Package

(f) Hynix/Citibank Letter of Intent Esta blishing Citibank’s Role and Terms of
KRW 800 billion syndicated loan

(g) KEB Bid Letter and Andersen Consulting (Korea) Report

(h) FSC Corporate Restructuring Document

24

Hynix’s Initial Arguments on the Directed Credit Issue, 10 March 2003
25

Hynix’s Initial Arguments on the Independence of Korean Banks, 10 March 2003
26

Citibank Affidavit of 20 March 2003
27

Communication Between the US Depart ment of Commerce and the Korean
Government for Verification Schedule, April 2003

(a) Department of Commerce’s Letter to the Korean Embassy Informing the
Verification Schedule in Korea, 10 April 2003

Exhibit
Korea-

Title of Exhibit
(b) Korean Government’s Response to the Department of Commerce (through
Willkie Farr & Gallagher) Concerning the Proposed Verification Schedule,
14 April 2003

(c) Department of Commerce’s Lette r to the Korean Government (through
Willkie Farr & Gallagher) Confirming the Original Verification Schedule, 16
April 2003

28

DRAMs from Korea -- CVD Investigation: Documenting Supporting Papers on the
Directed Credit Issue and Independence of Korean Banks and Other Relevant
Documents, 14 April 2003

(a) An Affidavit from Kookmin Bank Attorneys to the Department of Commerce

(b) Dr. Bennett A. Zelner, Explaining Investment Practices: The Shifting View
of How Investors Actually Make Decisions

29

Citibank Affidavit of 22 May 2003
30

Commerce Department’s Private Financial Experts Verification Report, 15 May 2003
31

Commerce Department’s Verification Re port on Information submitted by Hynix
Semiconductor, Inc., 15 May 2003

(a) Creditors’ Discussion Materials in Preparation for October 2001
Restructuring

32

Commerce Department’s Verification Report on Information submitted by Republic
of Korea, 15 May 2003

(a) FSC Press Release, 13 March 2001

(b) CRA/CRPA Participating Companies

(c) FSC Granting of Exception of Single Borrower Credit Limit

(d) KDB Hynix Fast Track CBO and Guarantee Information

(e) CRA Documents

33

Hynix’s Case Brief -- DRAMs from Korea, 22 May 2003

(a) October Summary Table

34

Calculations for the Final Determination for Hynix Semiconductor, Inc.,
16 June 2003
35
RESERVED
36

US Government Printing Office, Code of Federal Regulation, 19 CFR 351.505 and
351.508
37

The Concise Oxford Dictionary, Ninth Edition, 1995
38

The New Shorter Oxford English Dictionary, Fourth Edition, Clarendon Press,
Oxford (1993)

Exhibit
Korea-

Title of Exhibit

39

Countervailing Duty Petition: Dynamic Random Access Memory from Korea,
1 November 2002 (Excerpts)
40

Examples of Bailouts by the US Government for Key US Industries
41

Hynix Semiconductor America’s Importer Questionnaire
42

Robert F. Emery, Korean Economic Reform, Ashgate 2001
43

Semiconductor Forecast: First Quarter 2004
44

ITC Questionnaires Issued in the Underlying Investigation

(a) Producers’ Questionnaire

(b) Importers’ Questionnaire

(c) Purchasers’ Questionnaire

45

Prime Minister’s Decree No. 408 (13 Nov. 2000)
46

The New Shorter Oxford English Dictionary, Thumb Index Edition Clarendon Press,
Oxford (1993)
47

Oxford Hachette French Dictionary, Third Edition, Oxford University Press (2001)
48

Oxford Spanish Dictionary, Third Edition, Oxford University Press (2003)
49

Evidence Submitted to the USDOC To Prove Absence Of GOK Influence Over
KorAm Bank
50

FSC/FSS Document Requesting Banks To Conduct Reliable and Stringent Credit
Risk Assessment For Potentially Non-Viable Corporations (21 Oct. 2000)
51

List of Korean Companies That Were Liquidated After The 1997 Financial Crisis
Based on Market Principles
52

Documentation Showing GOK Safeguards To Prevent Outside Intervention With
Banks’ Day-to-Day Operation By Imposing Legal Obligation on Bank Officials To
Make Commercially Reasonable Decisions
53

Sample MOU
54

Press Report Regarding KFB’s Own Decision Not To Participate In the KDB Fast
Track Programme
55

Communication With Respect To Kyungnam Bank’s Exercise of Appraisal Rights In
The October Restructuring
56

List of Credit Limit Waivers Granted By the GOK
57

Evidence Submitted to the USDOC To Prove Absence Of GOK Influence Over KFB
58

FSS Press Release Correcting Mistaken Press Reports About FSS’s Exercise of
Influence Over Credit Rating Agencies
59

Comparison of Korean Credit Rating System and S&P/Moody’s
60

Bank of Korea Annual Report Showing Yields on Three-Year Corporate Bonds in
Korea

Exhibit
Korea-

Title of Exhibit

61

USDOC Verification Report Proving Hynix Creditors’ Meeting in December 2000
for KDB Fast Track Programme Application
62

US Market Shares and Source Documentation
63

Documentation Regarding Samsung Rambus Shipments
64

Kookmin's Corporate Loan Process Documents

ANNEX F-2

LIST OF FIGURES AND EXHIBITS OF THE UNITED STATES

Figure US-

Title of Figure

1

Business Proprietary Information on DRAM Consumption, Shipments and Imports

2

The Numerous Time Periods in the Data Sources Used by Korea

3

The Constituent Parts of Hynix’s Debt Restructuring

4

GOK Ownership in Hynix’s Creditors and their Participation in Hynix’s
Restructuring

5

Summary of Data Pertinent to ITC's Determination of Material Injury by Reason of
Subject DRAM Products from Korea

Exhibit US-

Title of Exhibit

1

Letter dated 10 July 2003, from United States to Korea accepting first consultation
request

2

Letter dated 28 August 2003, from United States to Korea accepting second
consultation request

3

Letter dated 8 September 2003, from Korea to United States

4

Letter dated 10 September 2003, from United States to Korea

5

Minutes of the Meeting of the Dispute Settlement Body Held on 1 December 2003,
WT/DSB/M/159, pages 1 and 7-8

6

The Political Economy of the Financial Liberalization and Crisis in Korea, Working
Paper No. 99-06, Yoon Je Cho (October 1999)

7

Creating Advantage; Semiconductors and Government Industrial Policy in the 1990s,
T. Howell, et al., Semiconductor Industry Association (1992)

8

Direction of Credit Memo, dated 31 March 2003.

9

C. Soh, The State, Technology, and Industrial Competitiveness: Steel and
Semiconductor Industries in Korea, Fletcher School of Law and Diplomacy (Graduate
Thesis) (1991)

10

Sung Gul Hong, The Politics of Industrial Leapfrogging: The Semiconductor Industry
in Taiwan and South Korea, Northwestern University Ph.D Dissertation
(December 1992).

11

Sung Gul Hong, The State and Sectoral Development: The Semiconductor Industries
of Taiwan and South Korea, Northwestern University Department of Political Science

Exhibit US-

Title of Exhibit
(1992).

12

GOK Verification Report

13

Bank for International Settlements, “The Banking Industry in the Emerging Market
Economies: Competition, Consolidation and Systemic Stability,” BIS Papers No. 4 at
95 (August 2001)

14

American Boss Dispenses With Protocol at South Korean Bank, Wall Street Journal
(29 January 2001)

15

With Growth in Site, Korea Plans Privatization for Banks, New York Times, Don Kirk
(7 March 2002)

16

No Pause for Woori: Seoul’s Major Bank Privatization Vehicle has Gotten Off to a
Promising Start, Euromoney Institutional Investor (1 July 2002)
17
The State Activism toward the Big Business in Korea, 1998-2000: Path Dependence
and Institutional Embeddedness, Jiho Jang, University of Missouri-Columbia
(April 2001)

18

With Bank Merger, S. Korea Takes Steps to Revamp Economic System, Los Angeles
Times (2 January 1999)

19

Banks Halt Loans to LG Semicon, CNET news.com (28 December 1998)

20

So Much for Reform, Business Week International (26 July 26 1999)

21

The Great Universe is Torn Asunder, Euromoney (September 1999)

22

Kim’s Big Deals with the Chaebol Sound Better than they Really Are, Asiaweek
(26 February 1999)

23

Hynix Creditworthiness Memorandum

24

Hynix Back from Jaws of Defeat, The Asset (5 September 2001)

25

Hynix Practically in Default, . . . What’s the Problem? Chosun Daily
(29 August 2001)(English Translation)

26

Creditors Deny Hynix Receivership Rumors, Korea Times (4 May 2001)

27

Chong Wa Dae Defends Hyundai Rescue, Korea Times (7 February 2001)

28

Results of Discussions at the Economic Ministers’ Meeting, letter from Ministry of
Finance and Economy (28 November 2000) with enclosure (translated version)

29

Direct Intervention by the Government in Supporting Hynix, The Korea Economic
Daily (28 August 2001)

30

Regarding the Provision of Export Insurance for the Hyundai Electronics’ D/A
transaction, letter from Ministry of Commerce, Industry and Energy
(30 November 2000) (translated version)

31

Results of Discussions at the Economic Ministers’ Meeting, letter from Ministry of
Finance and Economy (10 January 2001) with enclosure (translated version)

Exhibit US-

Title of Exhibit

32

Results of Discussions at the Economic Ministers’ Meeting, letter from Ministry of
Commerce, Industry and Energy (12 January 2001) (translated version)

33

Advising the Results of Discussions at the Economic Ministers’ Meeting, letter from
Ministry of Finance and Economy (10 April 2001) (translated version)

34

No End in Sight, Asiaweek.com (24 November 2000)

35

Hynix Says Deal Close to Stave Off Debt Woes, Electronic Engineering Times
(17 September 2001)

36

GOK Supplemental Questionnaire Response (11 March 2003)

37

Chart of Hynix Creditors (16 June 2003)

38

Chart of Outstanding Long-Term Balance at End of 2001

39

KDB to Acquire Hyundai Electronics Bonds, KDB Press Release (3 January 2001)

40

Hynix Supplemental Questionnaire Response (5 March 2003), at 19-20

41

Hyundai’s Brinkmanship vs. Timid Government, Korea Times (10 January 2001)

42

Rescue of Three Hyundai Companies Deepens Doubts Over Reform Drive, Korea
Herald (12 March 2001).

43

Hynix Verification Report

44

Republic of Korea: Financial System Stability Assessment, International Monetary
Fund, IMF country Report No. 03/81 (March 2003)

45

Kookmin Bank Prospectus (10 September 2001)

46

Kookmin Bank Prospectus (18 June 2002)

47

Four Commercial Banks Get W775 bil. in Public Funds, The Korea Herald
(1 January 2001)

48

Six Banks to Receive W3 tril. in Additional Public Funds, Korea Times
(27 September 2001)

49

KEB to Receive 336 Bil. Won in Public Funds, Korea Times (28 January 1999)

50

KFB Gets W18 Tril. In Public Fund (20 January 2003)

51

Corporate Restructuring Promotion Act, Articles 2, 27 (1)

52

Foreign Banks Required to Attend Creditor Meetings for Ailing Firms, Korea Times
(22 July 2001)

53

Banking Act, Article 35

54

Hyundai Electronics May Seek Loans Beyond Borrowing Limit, AFX News Limited,
AFX-Asia (1 December 2000) (translated version)

55

Panel to Approve Excess Credit Provision to Hyundai Electronics, Korea Herald

Exhibit US-

Title of Exhibit
(2 December 2000) (translated version)

56

KFB Changing Fast Under Profit-First Management, Korea Times (29 January 2001)

57

Government’s Compulsory Allotment of Corporate Bond Causes a Stir, Korea
Economic Daily (6 January 2001)

58

FSS-Korea First Bank Collide Head-on Over Corporate Debentures, The Korea Daily
News (6 January 2001)

59

This Banker Breaks Rules: Wilfred Horie Riles the Establishment, BusinessWeek
Online (9 April 2001)

60

Korea First Bank Shuts Government ‘Wallet’ Under New Management, Bloomberg
(30 January 2001)

61

Cooperate or be Damned, Euromoney (February 2001)

62

Foreign Bank in ROK Rebels Against Govt Bond Purchase Order, The Daily Star
(6 January 2001)

63

Korea First Bows to Gov’t pressure, The Digital Chosun, (27 March 2001)

64

KorAm Reluctantly Continues Financial Support for Hynix, Korea Times
(21 June 2001)

65

Hynix Questionnaire Response (27 January 2003) at Exh. 19

66

Korean Banks Complete Purchase of KRWIT Hynix Conv. Bond, Dow Jones
International News (20 June 2001)

67

Banks Under Fire for Reducing Export Credit Ceilings for HEI, Korea Herald
(27 January 2001)

68

Creditor Group Conflicts With Government Over Supporting Hyundai Group, Maeil
Economic Daily (2 February 2001)

69

Financial Community’s Support for Hyundai Electronics – A US Subsidiary Facing
Insolvency Risk, Maeil Economic Daily (7 Mar. 2001) (English translation)

70

Corporate Restructuring and Reform: Lessons from Korea, W. Mako, Korean Crisis
and Recovery, David T. Coe & Se-jik Kim, eds. (2002)

71

Not an Outright Order of Do-this-Do-that, but a Subtle Pressure, Dong-A Ilbo
(6 March 2001) (translated version)

72

FSS Asked for Reflection of Hyundai Affiliates’ Improved Business Performance on
Credit Rating, Korea Economic Daily (27 January 2001) (translated version)

73

Interest Rate on Hyundai Electronics Corporate Debentures Likely to Go Up by 1.8%
Points ... Result of Downgraded Credit Rating, Korea Economic Daily
(30 January 2001) (translated version)

74

Does the FSS Peddle Influence even on Credit Ratings? Hankyoreh Shinmun
(14 February 2001) (translated version)

Exhibit US-

Title of Exhibit
75 Corporate Credit Rating ‘Wobbles’ Under the Sway of Government Influence, Dong-
A-Illbo (1 March 2001) (translated version)

76

FSC Chairman Lee, ... Will Demand Corrections on Incorrect Credit Ratings, Seoul
Economic Daily (8 February 2001) (translated version)

77

Does the Government Do Corporate Credit Rating? Dong-A-Ilbo
(2 March 2001)(translated version)

78

The Creditor Group Finalizes Financing Package for 3 Hyundai Affiliates, Naeoe
Economic Daily (10 March 2001) (translated version)

79

The Grace Period Decision for Three Affiliates of Hyundai Group – Stories of Inside
and Outside, Korean Seoul Economic Daily (11 March 2001) (translated version)

80

Never-ending Aid for Hyundai, Korea Times (12 March 2001)

81

Self-Rescue Before Asking for Help, The Korea Economic Daily (11 January 2001)
(translated version)

82

Government and Creditor Group ‘Bewildered’ by Hyundai Electronics ‘Dogged
Clamoring’, Kookmin Daily (11 January 2001) (translated version)

83

Seoul, Commerzbank Expected to Inject W600 Billion Into KEB, Korea Herald
(26 September 2000)

84

State-Run Bank Will Buy W20 Trillion Worth of Corporate Bonds, Korea Herald
(27 December 2000)

85

ShinHan Bank (ING Barings, 24 April 2001)

86

KorAm Bank (ING Barings, 26 September 2002)

87

Hana Bank (Morgan Stanley, Dean Witter, 30 October 2001)

88

Kookmin Bank (Morgan Stanley, Dean Witter, 24 October 2001)

89

The New Shorter Oxford English Dictionary (1993)

90

Moody’s Investors Service, Historical Default Rates of Corporate Bond Issuers, 1920-
1997 (February 1998)

91

Specificity Memorandum (16 June 2003)
92
Letter dated 23 April 2003, from Hale & Dorr to Secretary of Commerce

93

A More Detailed Description of the Commission’s Investigation Process to Illustrate
the Fairness and Transparency of the Process

94

In the Matter of DRAMs and DRAM Modules from Korea, Inv. No. 701-TA-431
(Final), Transcript of the International Trade Commission Hearing (24 June 2003)
(selected pages)

95

In the Matter of DRAMs and DRAM Modules from Korea, Inv. No. 701-TA-431
(Prelim.), Transcript of the International Trade Commission Staff Conference
(22 Nov. 2002) (selected pages)

Exhibit US-

Title of Exhibit

96

Micron’s 2 July 2003, Posthearing Brief (selected pages)

97

Comments on Draft ITC Final Phase Questionnaires by Hynix Semiconductor Inc. and
Hynix Semiconductor America (24 Mar. 2003)

98

Infineon’s 27 November 2002, Postconference Brief (selected pages)

99

Micron’s 27 November 2002, Postconference Brief (selected pages)

100

2 December 2002, Postconference Brief of Hynix and Samsung (selected pages)

101

Hynix’s 19 June 2003, Prehearing Brief (selected pages)

102

DRAMs and DRAM Modules from Korea, 68 FR 18671 (16 Apr. 2003)

103

Willkie Farr & Gallagher’s 4 November 2002, Letter to The Hon. Marilyn R. Abbott,
Secretary, US International Trade Commission

104

4 November 2002 Administrative Protective Order

105

Letter to Chairman Okun, US International Trade Commission from the Governor of
Chungcheongbuk-do and the Chairman of Cheongju Chamber of Commerce and
Industry (12 Jul. 2003)

106

Letter to Marilyn R. Abbott, Acting Secretary, US International Trade Commission
from the Embassy of the Republic of Korea (2 June 2003)

107

Letter to Hon. Donald Evans, Secretary of Commerce, US Department of Commerce
from the Deputy Prime Minister and Minister of Finance and Economy of the
Republic of Korea, copied to Chairman Okun, US International Trade Commission
(9 Apr. 2003)

108

Hynix’s 2 July 2003, Posthearing Brief (selected pages)

109

Section 751(a) of the Tariff Act of 1930, 19 U.S.C. 1675(a)

110

Letter from Commerce Department to Willkie Farr & Gallagher RE: Countervailing
Duty Investigation: Dynamic Random Access Memory Semiconductors From the
Republic of Korea (16 April 2003)

111

Letter from John Brinkman, Acting Office Director to Hae-yong Kim, Embassy of the
Republic of Korea RE: Countervailing Duty Investigation: Dynamic Random Access
Memory Semiconductors from the Republic of Korea (10 April 2003) (“Verification
Itinerary”)

112

Letter from Willkie Farr & Gallagher to DOC RE: GOK’s Comments on the Proposed
Verification Schedule DRAMs from Korea (dated 14 April 2003)

113

Memorandum from Team through Susan H. Kuhbach, Director RE: Briefing and
Hearing Schedules (16 May 2003)

114

Letter from Hale and Dorr to DOC RE: Dynamic Random Access Memory
Semiconductors from the Republic of Korea – Factual Information Submission
(22 May 2003)

Exhibit US-

Title of Exhibit

115

Public fund Mismanagement Investigation Report, Special Committee on
Parliamentary Inspection of Public Fund Administration (November 2002) (translated
version from DOC record) (excerpts)

116

Semiconductor Industry Blue Book 2001, World Semiconductor Trade Statistics, at 18

117

 “Jin Vows to Eliminate Uncertainties Through Further Restructuring Efforts,” The
Korea Economic Daily, 4 August 2001

118

Deputy Prime Minister Chin, “Government Will Take Actions to Turn Around Hynix,
KOREA ECONOMIC DAILY (4 August 2001) (translated version)

119

Hynix Questionnaire Response (28 January 2003), pages 14-15, 26, 38-42, 51, 54, 65

120

Kookmin 2001 Annual Report

121

Hynix Semiconductor’s Post-Hearing Brief and Answers to Questions by Commissioners
and Staff (2 July 2003) (Non-confidential version)

122

In the Matter of DRAMs and DRAM Modules from Korea, Inv. No. 701-TA-431
(Final), Transcript of the International Trade Commission Hearing (24 June 2003),
pages 205 and 250

123

Corporate Restructuring Promotion Act, Article 14

124

Korean Restructuring Law May Hurt Credit Growth and Credit Quality of Financial
Firms, STANDARD & POOR’S RATINGSDIRECT (26 September 2001)

125

Hynix Audit Report (2001) (selected pages)

126

Supplemental Questionnaire to the GOK, Question 24, (19 February 2003)

127

See Seoul Pushes for a New “Big Bang” in Banking, ASIA TIMES ONLINE
(18 March 2000); Government Control of Banks Diehard, HANGKOOK ILBO
(13 March 2003); High-Handed Companies Sued for Unilateral Shareholders
Meeting, KOREA TIMES (5 April 2000)

128

GOK Questionnaire Response (4 February 2003) at A-17 to A-19

129

Hynix Questionnaire -Response (27 January 2003) at 60

130

DOC Supplemental Questionnaire to Hynix (11 February 2003) at question 54
(page 10)

131

Corporate Governance in Korea, Il Chong Nam et al., Korea Development Institute
(from Organization for Economic Co-operation and Development conference on
Corporate Governance in Asia: A Comparative Perspective) (Seoul, 3-5 March 1999)

132

Korea’s Economic Crisis and Corporate Governance, Sang-Woo Nam, School of
Public Policy and Management, Korea Development Institute (undated)

133

‘Gangster-Style’ Solution for Hynix, Dong-A Daily (1 November 2001)

134

GOK Questionnaire Response (4 February 2003)

Exhibit US-

Title of Exhibit

135

Countervailing Duty Petition (1 November 2002)

136

Grace Period Discussion on Hyundai Electronics, Maeil Economic Daily
(10 March 2001) (translated version)

137

Kookmin Urges Seoul to Sell off its Stake, Financial Times (10 November 2001)

138

Highhanded Companies Sued for Unilateral Shareholders Meeting, Korea Times
(5 April 2000)

139

Seoul Pushes for a New ‘Big Bang’ in Banking, Asia Times (18 March 2000)

140

Soundness of Financial Sector Still Remains Remote, Korea Times
(2 September 2002)

141

Hynix, Will it Really Survive?, Newsmaker, No. 439 (30 August 2001)

142

An Expensive Decision, Asiamoney (September 2001)

143

Deputy Prime Minister Chin, ‘Government will Take Actions to Turn Around Hynix’,
Korea Economic Daily (4 August 2001) (translated version)

144

Jin Vows to Eliminate Uncertainties Thru Furthering Restructuring Efforts, Korea
Times (4 August 2001)

145

Korean Official Defends Seoul’s Efforts on Economy, The New York Times,
(23 February 2002)

146

Bank Should be Allowed to Make Decision on the Matter of Support for Specific
Companies, Maeil Economic Daily (11 March 2001)

147

Banks Open Talks on Hynix Lifeline, BBC News (3 September 2001)

148

FSC Chairman Promises Sale of Daewoo Motor This Month, Korea Herald
(10 September 2001)

149

The Office of National Tax Administration’s Decree to Recognize the Creditors’
Write-Off of the Hynix Loan as a Tax Deductible Expense … May Give Rise to an
Issue of Preferential Treatment, Korea Economic Daily (6 November 2001) (translated
version)

150

Standard and Poor’s Press Release (5 October 2001)

151

Hynix GDS Offering Memorandum

152

Micron’s 14 March 2003 Comments to the US Department of Commerce

153

Micron Case Brief (22 May 2003)

154

Stainless Steel Plate in Coils From the Republic of Korea, Final Negative
Countervailing Duty Determination, 64 Fed. Reg. 15530 (31 March 1999)
155 Creditor Group ... Asks Investment Trust Companies to Take Over 750 Billion Won of
Hynix Corporate Debentures, The Korea Economic Daily (3 May 2001) (translated
version)

Exhibit US-

Title of Exhibit

156

Finance/Conflict Between Banks and Investment Trust {Companies} Over Support for
Hynix, Dong-A Daily (4 May 2001) (translated version)

157

Seoul’s Continuing Support Spawns Fresh Debate Over HEI’s Viability, Korea Herald
(14 March 2001)

158

KEB Ownership Structure Chart (2001)