Federal Register, Volume 73 Issue 193 (Friday, October 3, 2008)

[Federal Register Volume 73, Number 193 (Friday, October 3, 2008)]
[Notices]
[Pages 57594-57596]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-23394]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-580-851]


Dynamic Random Access Memory Semiconductors From the Republic of 
Korea: Final Results of Sunset Review and Revocation of Order

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

SUMMARY: On July 1, 2008, the Department of Commerce (``the 
Department'') published in the Federal Register the notice of 
initiation of the five-year sunset review of the countervailing duty 
order on dynamic random access memory semiconductors (``DRAMS'') from 
the Republic of Korea (``ROK''), pursuant to section 751(c) of the 
Tariff Act of 1930, as amended (``the Act''). Because the domestic 
interested party did not file a substantive response by the applicable 
deadline and has withdrawn its notice of intent to participate in this 
sunset review, the Department is revoking this countervailing duty 
order.

DATES: Effective Date: August 11, 2008.

FOR FURTHER INFORMATION CONTACT: Shane Subler or David Neubacher, 
Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue, NW., 
Washington, DC 20230; telephone: (202) 482-0189 or (202) 482-5823, 
respectively.

[[Page 57595]]


SUPPLEMENTARY INFORMATION:

Background

    On August 11, 2003, the Department issued a countervailing duty 
order on DRAMS from the ROK (68 FR 47546). See Notice of Countervailing 
Duty Order: Dynamic Random Access Memory Semiconductors From the 
Republic of Korea, 68 FR 47546 (August 11, 2003) (``CVD Order''). On 
July 1, 2008, the Department initiated a sunset review of this order. 
See Initiation of Five-year (``Sunset'') Review, 73 FR 37411 (July 1, 
2008).
    On July 16, 2008, we received a notice of intent to participate 
from Micron Technology, Inc. (``Micron''), a domestic interested party. 
On July 22, 2008, we informed the U.S. International Trade Commission 
(``ITC'') that there was domestic interest in continuation of the 
order. However, Micron did not file a substantive response by July 31, 
2008, which was 30 days after the date of publication of the initiation 
notice in the Federal Register. Also, on August 1, 2008, Micron 
submitted a letter stating that it was withdrawing its notice of intent 
to participate in this sunset review. On August 19, 2008, we notified 
the ITC that we did not receive a substantive response from the 
domestic interested party by the applicable deadline and that we intend 
to revoke the order not later than 90 days after the initiation of the 
sunset review.

Scope of the Order

    The products covered by this order are DRAMS from the ROK, whether 
assembled or unassembled. Assembled DRAMS include all package types. 
Unassembled DRAMS include processed wafers, uncut die, and cut die. 
Processed wafers fabricated in the ROK, but assembled into finished 
semiconductors outside the ROK are also included in the scope. 
Processed wafers fabricated outside the ROK and assembled into finished 
semiconductors in the ROK are not included in the scope.
    The scope of this order additionally includes memory modules 
containing DRAMS from the ROK. A memory module is a collection of 
DRAMS, the sole function of which is memory. Memory modules include 
single in-line processing modules, single in-line memory modules, dual 
in-line memory modules, small outline dual in-line memory modules, 
Rambus in-line memory modules, and memory cards or other collections of 
DRAMS, whether unmounted or mounted on a circuit board. Modules that 
contain other parts that are needed to support the function of memory 
are covered. Only those modules that contain additional items which 
alter the function of the module to something other than memory, such 
as video graphics adapter boards and cards, are not included in the 
scope. This order also covers future DRAMS module types.
    The scope of this order additionally includes, but is not limited 
to, video random access memory and synchronous graphics random access 
memory, as well as various types of DRAMS, including fast page-mode, 
extended data-out, burst extended data-out, synchronous dynamic RAM, 
Rambus DRAM, and Double Data Rate DRAM. The scope also includes any 
future density, packaging, or assembling of DRAMS. Also included in the 
scope of this order are removable memory modules placed on 
motherboards, with or without a central processing unit, unless the 
importer of the motherboards certifies with CBP that neither it, nor a 
party related to it or under contract to it, will remove the modules 
from the motherboards after importation. The scope of this order does 
not include DRAMS or memory modules that are re-imported for repair or 
replacement.
    The DRAMS subject to this order are currently classifiable under 
subheadings 8542.21.8005, 8542.21.8020 through 8542.21.8030, and 
8542.32.0001 through 8542.32.0023 of the Harmonized Tariff Schedule of 
the United States (``HTSUS''). The memory modules containing DRAMS from 
the ROK, described above, are currently classifiable under subheadings 
8473.30.1040, 8473.30.1080, 8473.30.1140, and 8473.30.1180 of the 
HTSUS. Removable memory modules placed on motherboards are classifiable 
under subheadings 8443.99.2500, 8443.99.2550, 8471.50.0085, 
8471.50.0150, 8517.30.5000, 8517.50.1000, 8517.50.5000, 8517.50.9000, 
8517.61.0000, 8517.62.0010, 8517.62.0050, 8517.69.0000, 8517.70.0000, 
8517.90.3400, 8517.90.3600, 8517.90.3800, 8517.90.4400, 8542.21.8005, 
8542.21.8020, 8542.21.8021, 8542.21.8022, 8542.21.8023, 8542.21.8024, 
8542.21.8025, 8542.21.8026, 8542.21.8027, 8542.21.8028, 8542.21.8029, 
8542.21.8030, 8542.31.0000, 8542.33.0000, 8542.39.0000, 8543.89.9300, 
and 8543.89.9600 of the HTSUS. However, the product description, and 
not the HTSUS classification, is dispositive of whether merchandise 
imported into the United States falls within the scope.

Scope Rulings

    On December 29, 2004, the Department received a request from Cisco 
Systems, Inc. (``Cisco''), to determine whether removable memory 
modules placed on motherboards that are imported for repair or 
refurbishment are within the scope of the order. See CVD Order. The 
Department initiated a scope inquiry pursuant to 19 CFR 351.225(e) on 
February 4, 2005. On January 12, 2006, the Department issued a final 
scope ruling, finding that removable memory modules placed on 
motherboards that are imported for repair or refurbishment are not 
within the scope of the CVD Order provided that the importer certifies 
that it will destroy any memory modules that are removed for repair or 
refurbishment. See Memorandum from Stephen J. Claeys to David M. 
Spooner, regarding Final Scope Ruling, Countervailing Duty Order on 
DRAMs From the Republic of Korea (January 12, 2006).

Determination To Revoke

    Pursuant to section 751(c)(3)(A) of the Act, 19 CFR 
351.218(d)(1)(iii)(B)(3), and 19 CFR 351.218(e)(1)(i)(C)(3), if no 
domestic interested party files a notice of intent to participate in a 
five-year review or does not file an adequate response, the Department 
shall, within 90 days after the initiation of the review, issue a final 
determination revoking the order. As noted above, the domestic 
interested party did not file a substantive response and withdrew its 
original notice of intent to participate. As a result, no domestic 
interested party is participating in this sunset review. Therefore, 
consistent with 19 CFR 351.222(i)(1)(i) and section 751(c)(3) of the 
Act, we are revoking this countervailing duty order. The effective date 
of revocation is August 11, 2008, the fifth anniversary of the date on 
which the Department published the countervailing duty order. See 19 
CFR 351.222(i)(2)(i).

Effective Date of Revocation

    Pursuant to section 751(c)(3)(A) of the Act and 19 CFR 
351.222(i)(2)(i), the Department will instruct U.S. Customs and Border 
Protection to terminate the suspension of liquidation of the 
merchandise subject to this order entered, or withdrawn from warehouse, 
on or after August 11, 2008. Entries of subject merchandise prior to 
the effective date of revocation will continue to be subject to 
suspension of liquidation and antidumping and countervailing duty 
deposit requirements. The Department will complete any pending 
administrative

[[Page 57596]]

reviews of this order and will conduct administrative reviews of 
subject merchandise entered prior to the effective date of revocation 
in response to appropriately filed requests for review.
    The five-year (sunset) review and this notice are in accordance 
with sections 751(c) and 777(i)(1) of the Act.

    Dated: September 29, 2008.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E8-23394 Filed 10-2-08; 8:45 am]
BILLING CODE 3510-DS-P