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
Date: 2005-03-22
Institutions: European Commission
Subjects: South Korea, anti-dumping duty, anti-dumping legislation, electronic component

C 70/2

EN

Official Journal of the European Union

22.3.2005

Notice concerning the countervailing measures in force on imports of certain electronic microcir-
cuits 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 microcir-
cuits 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.

ex 8542 21 01

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

ex 8548 90 10 (TARIC code 8548 90 10 10),

8542 21 01 10),

(TARIC code

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 incorpo-
rated 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 Com-
munity, 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.

(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).

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Official Journal of the European Union

C 70/3

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’ (1) 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 informa-
tion 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 favour-
able to the party than if it had cooperated.

(1) 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 docu-
ment 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).