MESSAGE NO: 3192214 DATE: 07 11 2003
CATEGORY: CVD TYPE: FIN
REFERENCE: REFERENCE DATE:
CASES: C - 580 - 851 C - 549 - 222
C - 412 - 222 - -
- - - -

PERIOD COVERED: 06 23 2003 TO

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS

FROM: DIRECTOR, SPECIAL ENFORCEMENT

RE: NOTICE OF FINAL DETERMINATION IN THE COUNTERVAILING
DUTY INVESTIGATION OF DYNAMIC RANDOM ACCESS MEMORY SEMI
CONDUCTORS FROM THE REPUBLIC OF KOREA (C-580-851)

1. ON JUNE 23, 2003, THE DEPARTMENT OF COMMERCE PUBLISHED IN
THE FEDERAL REGISTER (68 FR 37122) ITS FINAL AFFIRMATIVE
DETERMINATION IN THE COUNTERVAILING DUTY INVESTIGATION OF DYNAMIC
ACCESS MEMORY SEMICONDUCTORS FROM THE REPUBLIC OF KOREA (KOREA).
UPON THE REQUEST OF THE BUREAU OF CUSTOMS AND BORDER PROTECTION,
COMMERCE IS ISSUING FOUR SEPARATE MESSAGES REGARDING THIS FINAL
DETERMINATION. THIS IS MESSAGE FOUR OF THE FOUR SEPARATE MESSAGES
REGARDING THIS FINAL DETERMINATION.

2. THE PRODUCTS COVERED BY THIS INVESTIGATION ARE DYNAMIC
RANDOM ACCESS MEMORY SEMICONDUCTORS (DRAMS) FROM KOREA, WHETHER
ASSEMBLED OR UNASSEMBLED. ASSEMBLED DRAMS INCLUDE ALL PACKAGE
TYPES. UNASSEMBLED DRAMS INCLUDE PROCESSED WAFERS, UNCUT DIE,
AND CUT DIE. PROCESSED WAFERS FABRICATED IN KOREA, BUT ASSEMBLED
INTO FINISHED SEMICONDUCTORS (DRAMS) OUTSIDE KOREA ARE ALSO
INCLUDED IN THE SCOPE. PROCESSED WAFERS FABRICATED OUTSIDE KOREA
AND ASSEMBLED INTO FINISHED SEMICONDUCTORS IN KOREA ARE NOT
INCLUDED IN THE SCOPE.

THE SCOPE OF THIS INVESTIGATION ADDITIONALLY INCLUDES MEMORY
MODULES CONTAINING DRAMS FROM KOREA. 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 INVESTIGATION ALSO COVERS FUTURE DRAMS MODULE
TYPES.

THE SCOPE OF THIS INVESTIGATION ADDITIONALLY INCLUDES, BUT
IS NOT LIMITED TO, VIDEO RANDOM ACCESS MEMORY, AND SYNCHRONOUS
GRAPHICS RAM, 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
INVESTIGATION ARE REMOVABLE MEMORY MODULES PLACED ON
MOTHERBOARDS, WITH OR WITHOUT A CENTRAL PROCESSING UNIT, UNLESS
THE IMPORTER OF THE MOTHERBOARDS CERTIFIES WITH THE CUSTOMS
SERVICE 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 INVESTIGATION DOES NOT
INCLUDE DRAMS OR MEMORY MODULES THAT ARE RE-IMPORTED FOR REPAIR
OR REPLACEMENT.

THE DRAMS SUBJECT TO THIS INVESTIGATION ARE CURRENTLY
CLASSIFIABLE UNDER SUBHEADINGS 8542.21.8005 AND 8542.21.8021
THROUGH 8542.21.8029 OF THE HARMONIZED TARIFF SCHEDULE OF THE
UNITED STATES ("HTSUS"). THE MEMORY MODULES CONTAINING DRAMS
FROM KOREA, DESCRIBED ABOVE, ARE CURRENTLY CLASSIFIABLE UNDER
SUBHEADINGS 8473.30.10.40 OR 8473.30.10.80 OF THE HTSUS.
REMOVABLE MEMORY MODULES PLACED ON MOTHERBOARDS, DESCRIBED ABOVE,
ARE CLASSIFIABLE UNDER SUBHEADING 8471.50.0085. ALTHOUGH THE
HTSUS SUBHEADINGS ARE PROVIDED FOR CONVENIENCE AND CUSTOMS
PURPOSES, THE DEPARTMENT'S WRITTEN DESCRIPTION OF THE SCOPE OF
THIS INVESTIGATION REMAINS DISPOSITIVE.

3. FOR DIRECT IMPORTS AND MERE INDIRECT IMPORTS OR
TRANSSHIPMENTS THROUGH THIRD COUNTRIES OF KOREAN DRAMS AND MEMORY
MODULES PRODUCED BY A SINGLE KOREAN MANUFACTURER, EXCEPT FOR
CERTAIN DRAMS AND MEMORY MODULES FROM THE REPUBLIC OF KOREA
MANUFACTURED/EXPORTED BY SAMSUNG ELECTRONICS CO., LTD (C-580-851-
002),WHICH HAD A DE MINIMIS MARGIN, BCBP SHALL CONTINUE TO
SUSPEND LIQUIDATION OF SUCH SHIPMENTS ENTERED OR WITHDRAWN FROM
WAREHOUSE, FOR CONSUMPTION ON OR AFTER APRIL 07, 2003. EFFECTIVE
JUNE 23, 2003, BCBP SHALL REQUIRE, FOR SUCH ENTRIES, A CASH
DEPOSIT OR THE POSTING OF A BOND EQUAL TO THE SUBSIDY RATE SHOWN
BELOW:

MANUFACTURER/PRODUCER/ CUSTOMS ID AD VALOREM
EXPORTER NUMBER SUBSIDY RATE

HYNIX SEMICONDUCTOR INC.
(FORMERLY, HYUNDAI ELECTRONICS
INDUSTRIES CO., LTD.) C-580-851-001 44.71 PERCENT

ALL OTHERS C-580-851-000 44.71 PERCENT

4. THE SCOPE OF THIS INVESTIGATION INCLUDES DRAMS PACKAGED AND
ASSEMBLED IN ALL COUNTRIES WHICH CONTAIN UNASSEMBLED KOREAN
DRAMS. THE IMPORTER OF ASSEMBLED DRAMS MAY CERTIFY WITH BCBP
THAT THE ASSEMBLED DRAMS DO NOT CONTAIN ANY UNASSEMBLED KOREAN
DRAMS, IN WHICH CASE, NO SUSPENSION OF LIQUIDATION IS REQUIRED.
FOR NO SUSPENSION OF LIQUIDATION TO BE REQUIRED, AN OFFICIAL OF
THE COMPANY IMPORTING THE ASSEMBLED DRAMS MUST CERTIFY THE
FOLLOWING:

I, HEREBY, CERTIFY THAT I AM AN OFFICIAL OF (COMPANY
IMPORTING DRAMS), THAT I HAVE KNOWLEDGE OF THE FACTS
REGARDING THE IMPORTATION OF THESE ASSEMBLED DRAMS, AND THAT
THESE ASSEMBLED DRAMS DO NOT CONTAIN UNASSEMBLED KOREAN
DRAMS.

AGENTS OF THE IMPORTER, SUCH AS BROKERS, ARE NOT PERMITTED
TO MAKE SUCH A CERTIFICATION. UNLESS THE COMPANY IMPORTING THE
ASSEMBLED DRAMS MAKES SUCH A CERTIFICATION, BCBP SHALL REQUIRE A
DEPOSIT AS DESCRIBED BELOW. IF THIS OCCURS, THE IMPORTER WILL BE
REQUIRED TO SUBMIT A LIST IDENTIFYING: 1) THE AMOUNT OF KOREAN
MEGABITS CONTAINED IN THE ASSEMBLED DRAMS; 2) THE NAMES OF THE
VARIOUS KOREAN DRAM MANUFACTURERS WHICH PRODUCED THESE MEGABITS;
AND 3) THE AMOUNT OF KOREAN MEGABITS PRODUCED BY EACH OF THESE
KOREAN DRAM MANUFACTURERS.

IF THE UNASSEMBLED KOREAN DRAMS WERE PRODUCED BY A SINGLE
KOREAN MANUFACTURER, BCBP SHALL REQUIRE A CASH DEPOSIT OR A BOND
EQUAL TO THE COMPANY-SPECIFIC AD VALOREM RATE SHOWN IN PARAGRAPH
3 ABOVE, APPLIED TO THE TOTAL ENTERED VALUE OF THE ASSEMBLED
DRAMS.

IF THE UNASSEMBLED KOREAN DRAMS CONTAINED IN THE ASSEMBLED
DRAMS WERE PRODUCED BY MULTIPLE PRODUCERS, BCBP SHALL REQUIRE A
PER MEGABIT CASH DEPOSIT OR A BOND ON THE COMPANY-SPECIFIC AMOUNT
OF KOREAN MEGABITS CONTAINED IN THE ASSEMBLED DRAMS, AS DESCRIBED
IN PARAGRAPH 7.

IF THE IMPORTER IS UNABLE OR UNWILLING TO IDENTIFY THE
AMOUNT OF MEGABITS PRODUCED BY EACH OF THE VARIOUS KOREAN DRAM
MANUFACTURERS CONTAINED IN THE ASSEMBLED DRAMS, BUT CAN IDENTIFY
THE TOTAL AMOUNT OF KOREAN MEGABITS WITHIN THE ASSEMBLED DRAMS,
THE HIGHEST PER MEGABIT RATE CALCULATED FOR ANY COMPANY LISTED IN
PARAGRAPH 7 WILL BE APPLIED TO ALL KOREAN MEGABITS CONTAINED IN
THE ASSEMBLED DRAMS.

IF THE IMPORTER IS UNABLE OR UNWILLING TO IDENTIFY THE TOTAL
AMOUNT OF KOREAN MEGABITS CONTAINED IN THE ASSEMBLED DRAMS,
INCLUDING DRAMS CONTAINING MEGABITS WITH MIXED COUNTRIES OF
ORIGIN, THE HIGHEST AD VALOREM RATE CALCULATED FOR ANY COMPANY
LISTED IN PARAGRAPH 3 WILL BE APPLIED TO THE TOTAL ENTERED VALUE
OF THE DRAMS.

IF THE IMPORTER CAN IDENTIFY THE NAMES OF THE VARIOUS KOREAN
DRAM MANUFACTURERS WHICH PRODUCED THE MEGABITS CONTAINED IN THE
ASSEMBLED DRAMS, BUT IS UNABLE OR UNWILLING TO IDENTIFY THE
AMOUNT OF MEGABITS PRODUCED BY EACH OF THE VARIOUS KOREAN DRAM
MANUFACTURERS THAT ARE IN THE ASSEMBLED DRAMS, THE HIGHEST PER
MEGABIT RATE LISTED IN PARAGRAPH 7 CALCULATED FOR ANY OF THE
KOREA DRAM MANUFACTURERS WHOSE UNASSEMBLED DRAMS ARE INCLUDED IN
THE ASSEMBLED DRAM SHALL BE APPLIED TO THE TOTAL MEGABITS
CONTAINED IN THE ASSEMBLED DRAMS.

5. THE SCOPE OF THIS INVESTIGATION INCLUDES MEMORY MODULES FROM
ALL COUNTRIES THAT CONTAIN KOREAN DRAMS (ASSEMBLED OR
UNASSEMBLED). AS WITH DRAMS, AN IMPORTER MAY CERTIFY THAT THE
IMPORTED MEMORY MODULES CONTAIN NO KOREAN DRAMS. FOR NO
SUSPENSION OF LIQUIDATION TO BE REQUIRED, AN OFFICIAL OF THE
COMPANY IMPORTING THE MEMORY MODULES MUST CERTIFY THE FOLLOWING:

I, HEREBY, CERTIFY THAT I AM AN OFFICIAL OF (COMPANY
IMPORTING MEMORY MODULES), THAT I HAVE KNOWLEDGE OF THE
FACTS REGARDING THE IMPORTATION OF THESE MEMORY MODULES,
AND THAT THESE MEMORY MODULES DO NOT CONTAIN KOREAN DRAMS.

AGENTS OF THE IMPORTER, SUCH AS BROKERS, ARE NOT PERMITTED
TO MAKE SUCH A CERTIFICATION. UNLESS THE COMPANY IMPORTING THE
MEMORY MODULES MAKES SUCH A CERTIFICATION, BCBP SHALL REQUIRE A
DEPOSIT AS DESCRIBED BELOW. IF THIS OCCURS, THE IMPORTER WILL BE
REQUIRED TO SUBMIT A LIST IDENTIFYING: 1) THE AMOUNT OF KOREAN
MEGABITS CONTAINED IN THE MEMORY MODULES; 2) THE NAMES OF THE
VARIOUS KOREAN DRAM MANUFACTURERS WHICH PRODUCED THESE MEGABITS;
AND 3) THE AMOUNT OF KOREAN MEGABITS PRODUCED BY EACH OF THESE
KOREAN DRAM MANUFACTURERS.

IF THE KOREAN DRAMS WERE PRODUCED BY A SINGLE KOREAN
PRODUCER, BCBP SHALL REQUIRE A CASH DEPOSIT OR A BOND EQUAL TO
THE COMPANY-SPECIFIC AD VALOREM RATE SHOWN IN PARAGRAPH 3 APPLIED
TO THE TOTAL ENTERED VALUE OF THE MEMORY MODULES.

IF THE KOREAN DRAMS CONTAINED IN THE MEMORY MODULES WERE
PRODUCED BY MULTIPLE PRODUCERS, BCBP SHALL REQUIRE A PER MEGABIT
CASH DEPOSIT OR BOND ON THE COMPANY-SPECIFIC AMOUNT OF KOREAN
MEGABITS CONTAINED IN THE MEMORY MODULES AS DESCRIBED IN
PARAGRAPH 7.

IF THE IMPORTER IS UNABLE OR UNWILLING TO IDENTIFY THE
AMOUNT OF MEGABITS PRODUCED BY EACH OF THE VARIOUS KOREAN DRAM
MANUFACTURERS CONTAINED IN THE MEMORY MODULES, BUT CAN IDENTIFY
THE TOTAL AMOUNT OF KOREAN MEGABITS WITHIN THE MEMORY MODULES,
THE HIGHEST PER MEGABIT RATE CALCULATED FOR ANY COMPANY LISTED IN
PARAGRAPH 7 WILL BE APPLIED TO ALL KOREAN MEGABITS CONTAINED IN
THE MEMORY MODULES.

IF THE IMPORTER IS UNABLE OR UNWILLING TO IDENTIFY THE TOTAL
AMOUNT OF KOREAN MEGABITS CONTAINED IN THE MEMORY MODULES,
INCLUDING MEMORY MODULES CONTAINING MEGABITS WITH MIXED COUNTRIES
OF ORIGIN, THE HIGHEST AD VALOREM RATE CALCULATED FOR ANY COMPANY
LISTED IN PARAGRAPH 3 WILL BE APPLIED TO THE TOTAL ENTERED VALUE
OF THE MEMORY MODULES.

IF THE IMPORTER CAN IDENTIFY THE NAMES OF THE VARIOUS KOREAN
DRAM MANUFACTURERS WHICH PRODUCED THE MEGABITS CONTAINED IN THE
MEMORY MODULES, BUT IS UNABLE OR UNWILLING TO IDENTIFY THE AMOUNT
OF MEGABITS PRODUCED BY EACH OF THE VARIOUS KOREAN DRAM
MANUFACTURERS THAT ARE IN THE MEMORY MODULES, THE HIGHEST PER
MEGABIT RATE LISTED IN PARAGRAPH 7 CALCULATED FOR ANY OF THE
KOREA DRAM MANUFACTURERS WHOSE DRAMS ARE INCLUDED IN THE MEMORY
MODULES SHALL BE APPLIED TO THE TOTAL MEGABITS CONTAINED IN THE
MEMORY MODULES.

6. FOR FURTHER REPORTING PURPOSES THIS CASE HAS BEEN ASSIGNED
THE FOLLOWING INVESTIGATION NUMBER: C-580-851. FOR BCBP
PURPOSES, FOR ALL ASSEMBLED DRAMS FROM THIRD COUNTRIES WHICH
CONTAIN UNASSEMBLED KOREAN DRAMS AND FOR ALL MEMORY MODULES FROM
THIRD COUNTRIES WHICH CONTAIN KOREAN DRAMS, THE FOLLOWING
COUNTRIES HAVE BEEN ASSIGNED THEIR OWN CASE NUMBER. THE FIRST
THREE DIGITS REPRESENT THE COUNTRY IN QUESTION, THE NEXT THREE
DIGITS WILL BE 222, AND THE LAST THREE DIGITS WILL BE THE SAME AS
IN THE COMMERCE CASE FOR EACH RESPECTIVE MANUFACTURER. THE FIRST
SIX DIGITS ARE GIVEN BELOW:

THAILAND C-549-222
UNITED KINGDOM C-412-222

THIS LIST IS FOR CONVENIENCE AND BCBP PURPOSES AND MAY BE
AMENDED, DEPENDING ON CHANGES IN PATTERNS OF TRADE. IF AN IMPORT
SPECIALIST SHOULD BECOME AWARE OF SHIPMENTS WITHIN THE SCOPE OF
THIS COUNTERVAILING DUTY INVESTIGATION FROM THIRD COUNTRIES NOT
IN THE AD/CVD MODULE, THEY SHOULD CONTACT BCBP HEADQUARTERS
IMMEDIATELY. BCBP HEADQUARTERS SHOULD NOTIFY THE DEPARTMENT OF
COMMERCE ABOUT SUCH SHIPMENTS.
7. FOR PURPOSES OF CASH DEPOSITS OR BONDS BASED ON PER MEGABIT
AMOUNTS UNDER PARAGRAPHS 4 AND 5 ABOVE, THE PER MEGABIT DEPOSIT
RATES TO BE APPLIED TO THE AMOUNT OF MEGABITS CONTAINED IN
ASSEMBLED DRAMS OR MEMORY MODULES ARE AS FOLLOWS:

MANUFACTURER/PRODUCER/ IDENTIFICATION WEIGHTED-AVERAGE
EXPORTER NUMBER PER MEGABIT RATE
(IN US DOLLARS)

HYNIX SEMICONDUCTOR INC.
(FORMERLY, HYUNDAI ELECTRONICS
INDUSTRIES CO., LTD.) C-580-851-001 $0.012

ALL OTHERS C-580-851-000 $0.012

8. THE DEPARTMENT OF COMMERCE FOUND THAT NO FINAL MARGIN EXISTS
WITH RESPECT TO IMPORTS OF DRAMS AND MEMORY MODULES FROM THE
REPUBLIC OF KOREA MANUFACTURED/EXPORTED BY SAMSUNG ELECTRONICS
CO., LTD (C-580-851-002). ACCORDINGLY, CUSTOMS IS DIRECTED TO
TERMINATE THE SUSPENSION OF LIQUIDATION FOR SUCH SHIPMENTS OF
DRAMS AND MEMORY MODULES ENTERED, OR WITHDRAWN FROM WAREHOUSE,
FOR CONSUMPTION ON OR AFTER APRIL 07, 2003. ANY BOND OR SECURITY
POSTED SHOULD BE RELEASED AND ANY CASH DEPOSIT SHOULD BE
REFUNDED. INTEREST PROVISIONS OF SECTION 778 OF THE TARIFF ACT
OF 1930 DO NOT APPLY.

9. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CUSTOMS
OFFICERS, PLEASE CONTACT, VIA E-MAIL, THROUGH THE APPROPRIATE
SUPERVISORY CHANNELS, OTHER GOVERNMENT AGENCY LIAISON, USING THE
ATTRIBUTE "HQ OAB." THE IMPORTING PUBLIC AND OTHER INTERESTED
PARTIES SHOULD CONTACT RYAN LANGAN, OFFICE OF AD/CVD ENFORCEMENT,
IMPORT ADMINISTRATION, INTERNATIONAL TRADE ADMINISTRATION, U.S.
DEPARTMENT OF COMMERCE, AT (202) 482-2613.

10. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS
INFORMATION.

CATHY SAUCEDA