Article 1 
1. A definitive countervailing duty is hereby imposed on imports of certain electronic integrated circuits known as Dynamic Random Access Memories (DRAMs) manufactured using variations of metal oxide-semiconductors (MOS) process technology, including complementary MOS types (CMOS), of all types, densities, variations, access speed, configuration, package or frame, etc., originating in the Republic of Korea. DRAMs defined in the preceding paragraph take the following forms: — DRAM wafers falling within CN code ex854221 01 (TARIC code 8542210110), — DRAM chips (dies) falling within CN code ex854221 05 (TARIC code 8542210510), — mounted DRAMs falling within CN codes 8542 21 11, 8542 21 13, 8542 21 15 and 8542 21 17, — multi-combinational forms of DRAMs (memory modules, memory boards or other aggregate forms) falling within CN codes ex847330 10 (TARIC code 8473301010), ex847350 10 (TARIC code 8473501010) and ex854890 10 (TARIC code 8548901010), — chips and/or mounted DRAMs incorporated in (non-customised) multi-combinational forms of DRAMs provided the (non-customised) multi-combinational form of DRAM is originating in countries other than the Republic of Korea, falling within CN codes ex847330 10 (TARIC code 8473301010), ex847350 10 (TARIC code 8473501010) and ex854890 10 (TARIC code 8548901010). 2. The rate of the definitive countervailing duty applicable to the net free-at-Community-frontier price, before duty, shall be as follows: Korean producers Rate of duty (%) TARIC additional code Samsung Electronics Co., Ltd (Samsung)24th Fl., Samsung Main Bldg250, 2-Ga, Taepyeong-RoJung-Gu, Seoul 0 % A437 Hynix Semiconductor Inc.891, DaechidongKangnamgu, Seoul 32,9 % A693 All other companies 32,9 % A999 Korean producers Rate of duty (%) TARIC additional code Korean producers Rate of duty (%) TARIC additional code Samsung Electronics Co., Ltd (Samsung)24th Fl., Samsung Main Bldg250, 2-Ga, Taepyeong-RoJung-Gu, Seoul 0 % A437 Samsung Electronics Co., Ltd (Samsung)24th Fl., Samsung Main Bldg250, 2-Ga, Taepyeong-RoJung-Gu, Seoul 0 % A437 Hynix Semiconductor Inc.891, DaechidongKangnamgu, Seoul 32,9 % A693 Hynix Semiconductor Inc.891, DaechidongKangnamgu, Seoul 32,9 % A693 All other companies 32,9 % A999 All other companies A999 3. Upon presentation to the Member State’s customs authorities of the customs declaration for release into free circulation of multi-combinational forms of DRAMs, the declarant shall indicate in box 44 of the Single Administrative Document (SAD) the reference number corresponding to the below product/origin descriptions indicated in the following table. The rate of the definitive countervailing duty applicable to the net-free-at-Community-frontier price, before duty, shall be as follows: No Product/origin description Reference number Rate of duty (%) 1 (Non-customised) multi-combinational forms of DRAMs originating in countries other than the Republic of Korea, incorporating DRAM chips and/or mounted DRAMs originating in countries other than the Republic of Korea or originating in the Republic of Korea and manufactured by Samsung D010 0 % 2 (Non-customised) multi-combinational forms of DRAMs originating in countries other than the Republic of Korea, incorporating DRAM chips and/or mounted DRAMs originating in the Republic of Korea and manufactured by all companies other than Samsung and representing less than 10 % of the net free-at-Community-frontier price of the (non-customised) multi-combinational form of DRAM 0 % 3 (Non-customised) multi-combinational forms of DRAMs originating in countries other than the Republic of Korea, incorporating DRAM chips and/or mounted DRAMs originating in the Republic of Korea and manufactured by all companies other than Samsung and representing 10 % or more but less than 20 % of the net free-at-Community-frontier price of the (non-customised) multi-combinational form of DRAM 3,2 % 4 (Non-customised) multi-combinational forms of DRAMs originating in countries other than the Republic of Korea, incorporating DRAM chips and/or mounted DRAMs originating in the Republic of Korea and manufactured by all companies other than Samsung and representing 20 % or more but less than 30 % of the net free-at-Community-frontier price of the (non-customised) multi-combinational form of DRAM 6,5 % 5 (Non-customised) multi-combinational forms of DRAMs originating in countries other than the Republic of Korea, incorporating DRAM chips and/or mounted DRAMs originating in the Republic of Korea and manufactured by all companies other than Samsung and representing 30 % or more but less than 40 % of the net free-at-Community-frontier price of the (non-customised) multi-combinational form of DRAM 9,8 % 6 (Non-customised) multi-combinational forms of DRAMs originating in countries other than the Republic of Korea, incorporating DRAM chips and/or mounted DRAMs originating in the Republic of Korea and manufactured by all companies other than Samsung and representing 40 % or more but less than 50 % of the net free-at-Community-frontier price of the (non-customised) multi-combinational form of DRAM 13,1 % 7 (Non-customised) multi-combinational forms of DRAMs originating in countries other than the Republic of Korea, incorporating DRAM chips and/or mounted DRAMs originating in the Republic of Korea and manufactured by all companies other than Samsung and representing 50 % or more of the net free-at-Community-frontier price of the (non-customised) multi-combinational form of DRAM 16,4 % No Product/origin description Reference number Rate of duty (%) Product/origin description Reference number Rate of duty (%) 1 (Non-customised) multi-combinational forms of DRAMs originating in countries other than the Republic of Korea, incorporating DRAM chips and/or mounted DRAMs originating in countries other than the Republic of Korea or originating in the Republic of Korea and manufactured by Samsung D010 0 % (Non-customised) multi-combinational forms of DRAMs originating in countries other than the Republic of Korea, incorporating DRAM chips and/or mounted DRAMs originating in countries other than the Republic of Korea or originating in the Republic of Korea and manufactured by Samsung D010 2 (Non-customised) multi-combinational forms of DRAMs originating in countries other than the Republic of Korea, incorporating DRAM chips and/or mounted DRAMs originating in the Republic of Korea and manufactured by all companies other than Samsung and representing less than 10 % of the net free-at-Community-frontier price of the (non-customised) multi-combinational form of DRAM 0 % (Non-customised) multi-combinational forms of DRAMs originating in countries other than the Republic of Korea, incorporating DRAM chips and/or mounted DRAMs originating in the Republic of Korea and manufactured by all companies other than Samsung and representing less than 10 % of the net free-at-Community-frontier price of the (non-customised) multi-combinational form of DRAM D011 3 (Non-customised) multi-combinational forms of DRAMs originating in countries other than the Republic of Korea, incorporating DRAM chips and/or mounted DRAMs originating in the Republic of Korea and manufactured by all companies other than Samsung and representing 10 % or more but less than 20 % of the net free-at-Community-frontier price of the (non-customised) multi-combinational form of DRAM 3,2 % (Non-customised) multi-combinational forms of DRAMs originating in countries other than the Republic of Korea, incorporating DRAM chips and/or mounted DRAMs originating in the Republic of Korea and manufactured by all companies other than Samsung and representing 10 % or more but less than 20 % of the net free-at-Community-frontier price of the (non-customised) multi-combinational form of DRAM D012 3,2 % 4 (Non-customised) multi-combinational forms of DRAMs originating in countries other than the Republic of Korea, incorporating DRAM chips and/or mounted DRAMs originating in the Republic of Korea and manufactured by all companies other than Samsung and representing 20 % or more but less than 30 % of the net free-at-Community-frontier price of the (non-customised) multi-combinational form of DRAM 6,5 % (Non-customised) multi-combinational forms of DRAMs originating in countries other than the Republic of Korea, incorporating DRAM chips and/or mounted DRAMs originating in the Republic of Korea and manufactured by all companies other than Samsung and representing 20 % or more but less than 30 % of the net free-at-Community-frontier price of the (non-customised) multi-combinational form of DRAM D013 6,5 % 5 (Non-customised) multi-combinational forms of DRAMs originating in countries other than the Republic of Korea, incorporating DRAM chips and/or mounted DRAMs originating in the Republic of Korea and manufactured by all companies other than Samsung and representing 30 % or more but less than 40 % of the net free-at-Community-frontier price of the (non-customised) multi-combinational form of DRAM 9,8 % (Non-customised) multi-combinational forms of DRAMs originating in countries other than the Republic of Korea, incorporating DRAM chips and/or mounted DRAMs originating in the Republic of Korea and manufactured by all companies other than Samsung and representing 30 % or more but less than 40 % of the net free-at-Community-frontier price of the (non-customised) multi-combinational form of DRAM D014 9,8 % 6 (Non-customised) multi-combinational forms of DRAMs originating in countries other than the Republic of Korea, incorporating DRAM chips and/or mounted DRAMs originating in the Republic of Korea and manufactured by all companies other than Samsung and representing 40 % or more but less than 50 % of the net free-at-Community-frontier price of the (non-customised) multi-combinational form of DRAM 13,1 % (Non-customised) multi-combinational forms of DRAMs originating in countries other than the Republic of Korea, incorporating DRAM chips and/or mounted DRAMs originating in the Republic of Korea and manufactured by all companies other than Samsung and representing 40 % or more but less than 50 % of the net free-at-Community-frontier price of the (non-customised) multi-combinational form of DRAM D015 13,1 % 7 (Non-customised) multi-combinational forms of DRAMs originating in countries other than the Republic of Korea, incorporating DRAM chips and/or mounted DRAMs originating in the Republic of Korea and manufactured by all companies other than Samsung and representing 50 % or more of the net free-at-Community-frontier price of the (non-customised) multi-combinational form of DRAM 16,4 % (Non-customised) multi-combinational forms of DRAMs originating in countries other than the Republic of Korea, incorporating DRAM chips and/or mounted DRAMs originating in the Republic of Korea and manufactured by all companies other than Samsung and representing 50 % or more of the net free-at-Community-frontier price of the (non-customised) multi-combinational form of DRAM D016 16,4 % 4. With reference to paragraph 3, the indication in box 44 of the SAD of the reference number in case of the product/origin description falling under number 1 shall, as such, be considered as sufficient supporting evidence. For all remaining product/origin descriptions, the declarant shall submit a statement issued by the last manufacturer certifying the origin, the manufacturers and the value of all components of the multi-combinational form of DRAM, in conformity with the requirements set in the Annex. This statement shall be made on company-headed paper and be validated by a stamp of the company. 5. In the case of no indication of any reference number in the SAD, as foreseen in paragraph 3, or if the customs declaration is not accompanied by any statement in the cases required in paragraph 4, the multi-combinational form of DRAM shall — unless the contrary is proved — be considered as originating in the Republic of Korea and as having been manufactured by all companies other than Samsung, and the countervailing duty rate of 32,9 % shall apply. In cases where some of the DRAM chips and/or mounted DRAMs incorporated in multi-combinational forms of DRAMs are not clearly marked and their manufacturers are not clearly identifiable from the statement required in paragraph 4, such DRAM chips and/or mounted DRAMs shall — unless the contrary is proved — be considered as originating in the Republic of Korea and as having been manufactured by companies subject to the countervailing duty. In such cases, the countervailing duty rate applicable to multi-combinational forms of DRAMs shall be calculated on the basis of the percentage represented by the net free-at-Community-frontier price of the DRAM chips and/or mounted DRAMs originating in the Republic of Korea out of the net free-at-Community-frontier price of the multi-combinational forms of DRAM, as established in the table contained in paragraph 3, numbers 2 to 7. Should, however, the value of the aforementioned DRAM chips and/or mounted DRAMs be such to determine that the multi-combinational forms of DRAMs in which they are incorporated becomes of Korean origin, the countervailing duty rate of 32,9 % shall apply to the multi-combinational forms of DRAMs. 6. For the purpose of data verifications by Member State's customs authorities, Article 28(1), 28(3), 28(4) and 28(6) of Council Regulation (EC) No 2026/97 shall apply mutatis mutandis . 7. less otherwise specified, the provisions in force concerning customs duties shall apply.
Article 2 
The amounts secured by way of the provisional countervailing duty pursuant to Regulation (EC) No 708/2003 on imports of DRAMs originating in the Republic of Korea shall be collected at the rate of the duty definitively imposed or the rate of the provisional duty if the latter was lower. Amounts secured in excess of the definitive rates of the countervailing duty shall be released.
Article 3 
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union . This Regulation shall be binding in its entirety and directly applicable in all Member States.