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|Dynamic Random Access Memory Semiconductors (DRAMS) from Korea|
Case Number: C-580-851
Anniversary Month: August
Hynix Semiconductor, Inc. - 0.04% (de minimis)
The products covered by the 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 the 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. The order also covers future DRAMS module types.
The scope of the 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 the order are removable memory modules placed on motherboards, with or without a central processing unit, unless the importer of the motherboards certifies with U.S. Customs and Border Protection (‘‘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 the order does not include DRAMS or memory modules that are re– imported for repair or replacement.
The DRAMS subject to the 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.
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).
DOC Determinations: Order
Administrative Review 2007: Initiation | Prelim | Final
Administrative Review 2008: Initiation
Hynix Semiconductors obtains de minimis Rate for 2007 entries of DRAMS from Korea
On November 20, the U.S. Department of Commerce published the Final Results of its countervailing duty administrative review of dynamic random access memory semiconductors (DRAMS) from Korea, which affect entries of DRAMS during calendar year 2007. The Department of Commerce determined that sales of DRAMS by Hynix Semiconductor, Inc., into the United States were subsidized at a rate of 0.06%, which is de minimis. In the previous review, Hynix's rate was 4.91%.
As a result of these final results, the Department of Commerce will instruct the U.S. Customs and Border Protection to liquidate 2007 entries without regard to antidumping duties, and to refund, with interest, the cash deposits paid with the 2007 entries.
This order was revoked, effective August 11, 2008, thus there is no requirement that new entries be accompanied by cash deposits for estimad countervailing duties.
IMPORTERS - watch the liquidation instructions and liquidations carefully. If there are any errors in the instructions, you must sue the Department of Commerce within 2 years. If the U.S. Customs and Border Protection does not liquidate your entries within 6 months of publication of the final, the merchandise liquidates as entered. That would mean you would lose a refund, plus interest, of the cash deposits of 4.91% (or other applicable percentage) of entered value you paid as estimated countervailing duties to enter the merchandise into the United States.
Hynix Semiconductors, Inc. - 0.04% (de minimis)
All Others 44.29%
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