[Federal Register Volume 69, Number 137 (Monday, July 19, 2004)]
[Notices]
[Pages 42966-42967]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-16243]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-812]


Dynamic Random Access Memory Semiconductors of One Megabit or 
Above From the Republic of Korea: Notice of Court Decision and 
Suspension of Liquidation

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

ACTION: Notice of court decision and suspension of liquidation.

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SUMMARY: On August 18, 2003, the United States Court of International 
Trade (CIT) issued a decision invalidating certain sets of liquidation 
instructions issued by the Department of Commerce (the Department) in 
the antidumping proceeding covering entries of dynamic random access 
memory semiconductors of one megabit or above (DRAMs) from the Republic 
of Korea. See Nissei Sangyo America, Ltd., v. United States, Slip Op. 
03-105 (August 18, 2003), Court No. 00-00113 (NSA); Renesas Technology 
America, Inc., v. United States, Slip Op. 03-106 (August 18, 2003), 
Court No. 00-00114 (Renesas). On September 15, 2003, the Defendant-
Intervenor, Micron Technology, Inc. (Micron), in NSA and Renesas filed 
a motion for reconsideration with the Court. On May 3, 2004, the motion 
for reconsideration was denied. On July 1, 2004, a motion of appeal was 
filed by the Department with the United States Court of Appeals for the 
Federal Circuit (CAFC). Consistent with the decision of the CAFC in 
Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 1990) (Timken), 
the Department is notifying the public that the NSA and Renesas 
decisions were ``not in harmony'' with the Department's liquidation 
instructions.

DATES: Effective July 19, 2004.

FOR FURTHER INFORMATION CONTACT: Ron Trentham or Tom Futtner, AD/CVD 
Enforcement, Office 4, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482-
6320 or (202) 482-3814, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On May 6, 1996, the Department published the final results of 
administrative review of entries of DRAMs manufactured by LG Semicon 
Co., Ltd. (LG), formerly Goldstar Electron Co., Ltd., and Hyundai 
Electronics Co., Ltd. (Hyundai), that were imported into the United 
States from October 29, 1992, through April 30, 1994 (POR 1). The 
Department determined that the dumping margin for sales made by LG 
during the period of review (POR) was 0.00 percent. See Dynamic Random 
Access Memory Semiconductors of One Megabit or Above from the Republic 
of Korea, Final Results of Antidumping Duty Administrative Review, 61 
FR 20216 (May 6, 1996).
    On January 7, 1997, the Department published the final results of 
administrative review of entries of DRAMs manufactured by LG and 
Hyundai that were imported into the United States from May 1, 1994, 
through April 30, 1995 (POR 2). The Department determined that the 
dumping margin for sales made by LG during the POR was 0.01 percent. 
See Dynamic Random Access Memory Semiconductors of One Megabit or Above 
from the Republic of Korea, Final Results of Antidumping Duty 
Administrative Review, 62 FR 965 (January 7, 1997).
    Subsequently, Micron filed an action in opposition to dumping 
margins calculated in POR 1 and POR 2 for LG. The CIT and the CAFC 
sustained the results of the first and second administrative reviews 
for LG. See Micron Technology v. United States, 23 CIT 55, 44 F. Supp. 
2d 216 (1999); Micron Technology v. United States, 23 CIT 208, 40 F. 
Supp.2d 481 (1999), collectively the Micron cases.
    At the conclusion of the Micron cases, the Department instructed 
U.S. Customs

[[Page 42967]]

and Border Protection (CBP) to assess antidumping duties on NSA's and 
Renesas's imports of LG DRAMs during POR 1 and POR 2 at the cash 
deposit rate imposed upon entry rather than the rates determined for 
the manufacturer in POR 1 and POR 2.
    NSA and Renesas filed a complaint with the CIT challenging the 
Department's liquidation instructions to CBP concerning entries 
produced and exported by LG and imported by NSA and Renesas during POR 
1 and POR 2. On August 18, 2003, the CIT remanded these cases ordering 
the Department to rescind the liquidation instructions and issue new 
instructions instructing CBP to liquidate or re-liquidate NSA's and 
Renesas's entries at the antidumping rates covering LG for POR 1 and 
POR 2.
    As noted above, on September 15, 2003, Micron filed a motion for 
reconsideration with the Court and on May 3, 2004, the motion for 
reconsideration was denied. On July 1, 2004, a motion of appeal was 
filed by the Department with the CAFC.

Timken Notice

    In its decision in Timken, the CAFC held that pursuant to 
516a(c)(1) and(e) of the Tariff Act of 1930, as amended, the Department 
must publish notice of a decision of the CIT which is not in harmony 
with the Department's determination. The CIT's decision in NSA and 
Renesas were not in harmony with the Department's liquidation 
instructions. Therefore, publication of this notice fulfills the 
statutory obligation.

Suspension of Liquidation

    This notice will serve to continue the suspension of liquidation 
pending a final decision by the CAFC. Because the CIT issued an 
injunction on March 20, 2000, for NSA and on April 11, 2000, for 
Renesas, the Department will continue to suspend liquidation of entries 
of DRAMs from the Republic of Korea that (1) were produced and exported 
by LG, and imported by NSA and Renesas; (2) were entered or withdrawn 
from warehouse, for consumption, from October 29, 1992, through April 
30, 1995. The Department will issue liquidation instructions covering 
these entries if the CIT's decision is affirmed on appeal.

    Dated: July 12, 2004.
Jeffrey A. May,
Deputy Assistant Secretary for Import Administration, Group I.
[FR Doc. 04-16243 Filed 7-16-04; 8:45 am]
BILLING CODE 3510-DS-P