MESSAGE NO: 4133206 DATE: 05 12 2004
CATEGORY: CVD TYPE: ORD
REFERENCE: REFERENCE DATE:
CASES: C - 580 - 851 C - 903 - 222
C - 435 - 222 - -
- - - -

PERIOD COVERED: 08 11 2003 TO

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS

FROM: DIRECTOR, SPECIAL ENFORCEMENT

RE: COUNTERVAILING DUTY ORDER: DYNAMIC RANDOM ACCESS
MEMORY SEMICONDUCTORS FROM THE REPUBLIC OF KOREA
(C-580-851).

1. ON AUGUST 11, 2003, THE DEPARTMENT OF COMMERCE PUBLISHED IN
THE FEDERAL REGISTER (68 FR 47546) ITS COUNTERVAILING DUTY (CVD)
ORDER ON DYNAMIC RANDOM ACCESS MEMORY SEMICONDUCTORS (DRAMS) FROM
THE REPUBLIC OF KOREA (KOREA).

AS INDICATED IN PARAGRAPH 6 IN MESSAGES 3246205 AND 3246212
(DATED 09/03/2003), 3245209 (DATED 09/02/2003), AND 3251229 AND
3251230 (DATED
09/08/2003), THE LIST OF COUNTRIES COVERED BY THIS
COUNTERVAILING DUTY ORDER MAY BE AMENDED. THE DEPARTMENT OF
COMMERCE IS ADDING TWO ADDITIONAL COUNTRIES TO THE LIST, AS
REQUESTED BY THE BUREAU OF CUSTOMS AND BORDER PROTECTION
(CUSTOMS).

2. THE PRODUCTS COVERED BY THIS ORDER 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 ORDER 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
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
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 ORDER 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 ORDER
DOES NOT INCLUDE DRAMS OR MEMORY MODULES THAT ARE RE-IMPORTED FOR
REPAIR OR REPLACEMENT, PROVIDED THAT THE IMPORTING COMPANY CAN
DEMONSTRATE THAT THE DRAMS OR MEMORY MODULES ARE BEING RE-
IMPORTED FOR REPAIR OR REPLACEMENT TO THE SATISFACTION OF
CUSTOMS.

THE DRAMS SUBJECT TO THIS ORDER 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 ORDER REMAINS
DISPOSITIVE.

3. FOR DIRECT IMPORTS FROM KOREA AND MERE TRANSSHIPMENTS
THROUGH THIRD COUNTRIES (IN OTHER WORDS, INDIRECT IMPORTS) OF
KOREAN DRAMS AND MEMORY MODULES PRODUCED BY A SINGLE KOREAN
MANUFACTURER, EXCEPT FOR DRAMS AND MEMORY MODULES FROM THE
REPUBLIC OF KOREA MANUFACTURED SOLELY BY SAMSUNG ELECTRONICS CO.,
LTD (C-580-851-002),WHICH HAD A DE MINIMIS RATE, CUSTOMS SHALL
CONTINUE TO SUSPEND LIQUIDATION OF SUCH SHIPMENTS ENTERED OR
WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON OR AFTER APRIL 07,
2003. EFFECTIVE JULY 28, 2003, CUSTOMS SHALL REQUIRE, FOR SUCH
ENTRIES, A CASH DEPOSIT 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 44.29 PERCENT

ALL OTHERS C-580-851-000 44.29 PERCENT

CUSTOMS SHALL DETERMINE THE APPLICABLE AD VALOREM SUBSIDY RATE
(OR EXCEPTION TO THE RATE, IN THE CASE OF SAMSUNG ELECTRONICS
CO.) BASED ON THE MANUFACTURER OF THE DRAMS OR THE DRAMS
CONTAINED IN MEMORY MODULES.

4. THE SCOPE OF THIS ORDER INCLUDES DRAMS PACKAGED AND/OR
ASSEMBLED IN ALL COUNTRIES THAT CONTAIN UNASSEMBLED KOREAN DRAMS.
THE IMPORTER OF ASSEMBLED DRAMS MAY CERTIFY WITH CUSTOMS 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. THE CERTIFYING
OFFICIAL NEED NOT BE AN EXECUTIVE OF THE COMPANY. AGENTS OF THE
IMPORTER, SUCH AS BROKERS, ARE NOT PERMITTED TO MAKE SUCH A
CERTIFICATION.

FOR ALL ENTRIES OF ASSEMBLED DRAMS, IF THE COMPANY IMPORTING
THE ASSEMBLED DRAMS CANNOT OR DOES NOT MAKE THE ABOVE
CERTIFICATION, CUSTOMS SHALL REQUIRE AN OFFICIAL OF THE IMPORTING
COMPANY TO SUBMIT TO CUSTOMS A LIST IDENTIFYING THE FOLLOWING
INFORMATION ABOUT THE ENTIRE ENTRY:

A) THE AMOUNT OF KOREAN MEGABITS CONTAINED IN THE ASSEMBLED
DRAMS;

B) THE NAMES OF EACH KOREAN DRAM MANUFACTURER THAT PRODUCED THE
KOREAN MEGABITS CONTAINED IN THE ASSEMBLED DRAMS; AND

C) THE AMOUNT OF KOREAN MEGABITS PRODUCED BY EACH OF THESE KOREAN
DRAM MANUFACTURERS.

IF THE UNASSEMBLED KOREAN DRAMS CONTAINED IN THE ASSEMBLED
DRAMS WERE PRODUCED BY A SINGLE KOREAN MANUFACTURER, CUSTOMS
SHALL REQUIRE A CASH DEPOSIT EQUAL TO THE COMPANY-SPECIFIC AD
VALOREM RATE LISTED IN PARAGRAPH 3. CUSTOMS SHALL APPLY THE AD
VALOREM RATE TO THE TOTAL ENTERED VALUE OF THE ASSEMBLED DRAMS.
AS NOTED IN PARAGRAPH 3, NO SUSPENSION OF LIQUIDATION OR DEPOSIT
IS REQUIRED FOR UNASSEMBLED OR ASSEMBLED DRAMS MANUFACTURED
SOLELY BY SAMSUNG ELECTRONICS, CO. LTD.

TO CALCULATE THE REQUIRED DEPOSIT FOR EACH MANUFACTURER USING
A MANUFACTURER-SPECIFIC, PER-MEGABIT RATE, CUSTOMS SHALL MULTIPLY
THE APPLICABLE MANUFACTURER-SPECIFIC, PER-MEGABIT RATE BY THE
TOTAL AMOUNT OF KOREAN MEGABITS CONTAINED IN THE DRAMS PRODUCED
BY THAT MANUFACTURER.

IF THE UNASSEMBLED KOREAN DRAMS CONTAINED IN THE ASSEMBLED
DRAMS WERE PRODUCED BY MULTIPLE PRODUCERS, CUSTOMS SHALL REQUIRE
A MANUFACTURER-SPECIFIC, PER-MEGABIT CASH DEPOSIT FOR THE AMOUNT
OF KOREAN MEGABITS PRODUCED BY EACH KOREAN MANUFACTURER. THE
MANUFACTURER-SPECIFIC, PER-MEGABIT DEPOSIT RATES ARE LISTED IN
PARAGRAPH 7, BELOW.

IF THE IMPORTER IS UNABLE OR UNWILLING TO IDENTIFY THE AMOUNT
OF MEGABITS CONTAINED IN THE ASSEMBLED DRAMS THAT ARE PRODUCED BY
EACH OF THE VARIOUS KOREAN DRAM MANUFACTURERS, BUT CAN IDENTIFY
THE TOTAL AMOUNT OF KOREAN MEGABITS CONTAINED IN THE ASSEMBLED
DRAMS, CUSTOMS SHALL APPLY THE HIGHEST PER MEGABIT RATE
CALCULATED FOR ANY COMPANY LISTED IN PARAGRAPH 7 TO ALL OF THE
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, CUSTOMS SHALL APPLY THE HIGHEST AD VALOREM RATE
CALCULATED FOR ANY COMPANY LISTED IN PARAGRAPH 3 TO THE TOTAL
ENTERED VALUE OF THE DRAMS.

IF THE IMPORTER CAN IDENTIFY THE NAMES OF THE VARIOUS KOREAN
DRAM MANUFACTURERS THAT 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, CUSTOMS SHALL APPLY THE HIGHEST MANUFACTURER-
SPECIFIC, PER MEGABIT RATE LISTED IN PARAGRAPH 7 FOR ANY OF THE
KOREA DRAM MANUFACTURERS WHOSE UNASSEMBLED DRAMS ARE INCLUDED IN
THE ASSEMBLED DRAMS. CUSTOMS SHALL APPLY THIS RATE TO THE TOTAL
AMOUNT OF MEGABITS CONTAINED IN THE ASSEMBLED DRAMS.

CUSTOMS SHALL DETERMINE THE APPLICABLE AD VALOREM SUBSIDY RATE
OR MANUFACTURER-SPECIFIC, PER MEGABIT RATE (OR EXCEPTION TO THE
RATES, IN THE CASE OF SAMSUNG ELECTRONICS CO., LTD.) BASED ON THE
MANUFACTURER OF THE UNASSEMBLED DRAMS CONTAINED IN THE ASSEMBLED
DRAMS.

5. THE SCOPE OF THIS ORDER INCLUDES MEMORY MODULES FROM ALL
COUNTRIES THAT CONTAIN KOREAN DRAMS (ASSEMBLED OR UNASSEMBLED).
THE IMPORTER OF MEMORY MODULES MAY CERTIFY WITH CUSTOMS THAT THE
MEMORY MODULES DO NOT CONTAIN ANY 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 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. THE CERTIFYING OFFICIAL
NEED NOT BE AN EXECUTIVE OF THE COMPANY. AGENTS OF THE IMPORTER,
SUCH AS BROKERS, ARE NOT PERMITTED TO MAKE SUCH A CERTIFICATION.

FOR ALL ENTRIES OF MEMORY MODULES, IF THE COMPANY IMPORTING
THE MEMORY MODULES CANNOT OR DOES NOT MAKE THE ABOVE
CERTIFICATION, CUSTOMS SHALL REQUIRE AN OFFICIAL OF THE IMPORTING
COMPANY TO SUBMIT TO CUSTOMS A LIST IDENTIFYING THE FOLLOWING
INFORMATION:

A) THE AMOUNT OF KOREAN MEGABITS CONTAINED IN THE MEMORY MODULES;

B) THE NAMES OF EACH KOREAN DRAM MANUFACTURER THAT PRODUCED THE
KOREAN MEGABITS CONTAINED IN THE MEMORY MODULES; AND

C) THE AMOUNT OF KOREAN MEGABITS PRODUCED BY EACH OF THESE KOREAN
DRAM MANUFACTURERS.

IF THE KOREAN DRAMS CONTAINED IN THE MEMORY MODULES WERE
PRODUCED BY A SINGLE KOREAN MANUFACTURER, CUSTOMS SHALL REQUIRE A
CASH DEPOSIT EQUAL TO THE COMPANY-SPECIFIC AD VALOREM RATE LISTED
IN PARAGRAPH 3. CUSTOMS SHALL APPLY THE AD VALOREM RATE TO THE
TOTAL ENTERED VALUE OF THE MEMORY MODULES. AS NOTED IN PARAGRAPH
3, NO SUSPENSION OF LIQUIDATION OR DEPOSIT IS REQUIRED FOR MEMORY
MODULES MANUFACTURED SOLELY BY SAMSUNG ELECTRONICS, CO. LTD.

IF THE KOREAN DRAMS CONTAINED IN THE MEMORY MODULES WERE
PRODUCED BY MULTIPLE PRODUCERS, CUSTOMS SHALL REQUIRE A
MANUFACTURER-SPECIFIC, PER-MEGABIT CASH DEPOSIT FOR THE AMOUNT OF
KOREAN MEGABITS PRODUCED BY EACH KOREAN MANUFACTURER. THE
MANUFACTURER-SPECIFIC, PER-MEGABIT DEPOSIT RATES ARE LISTED IN
PARAGRAPH 7, BELOW.

TO CALCULATE THE REQUIRED DEPOSIT FOR EACH MANUFACTURER USING
A PER-MEGABIT RATE, CUSTOMS SHALL MULTIPLY THE APPLICABLE
MANUFACTURER-SPECIFIC, PER-MEGABIT RATE BY THE TOTAL AMOUNT OF
KOREAN MEGABITS CONTAINED IN THE DRAMS PRODUCED BY THAT
MANUFACTURER.

IF THE IMPORTER IS UNABLE OR UNWILLING TO IDENTIFY THE AMOUNT
OF MEGABITS CONTAINED IN THE MEMORY MODULES THAT ARE PRODUCED BY
EACH OF THE VARIOUS KOREAN DRAM MANUFACTURERS, BUT CAN IDENTIFY
THE TOTAL AMOUNT OF KOREAN MEGABITS CONTAINED IN THE MEMORY
MODULES, CUSTOMS SHALL APPLY THE HIGHEST PER MEGABIT RATE
CALCULATED FOR ANY COMPANY LISTED IN PARAGRAPH 7 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 DRAMS CONTAINING MEGABITS WITH MIXED COUNTRIES OF
ORIGIN, CUSTOMS SHALL APPLY THE HIGHEST AD VALOREM RATE
CALCULATED FOR ANY COMPANY LISTED IN PARAGRAPH 3 TO THE TOTAL
ENTERED VALUE OF THE MEMORY MODULES.

IF THE IMPORTER CAN IDENTIFY THE NAMES OF THE VARIOUS KOREAN
DRAM MANUFACTURERS THAT 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, CUSTOMS SHALL APPLY THE HIGHEST MANUFACTURER-
SPECIFIC, PER MEGABIT RATE LISTED IN PARAGRAPH 7 FOR ANY OF THE
KOREA DRAM MANUFACTURERS WHOSE DRAMS ARE CONTAINED IN THE MEMORY
MODULES. CUSTOMS SHALL APPLY THIS RATE TO THE TOTAL AMOUNT OF
MEGABITS CONTAINED IN THE MEMORY MODULES.

CUSTOMS SHALL DETERMINE THE APPLICABLE AD VALOREM SUBSIDY RATE
OR MANUFACTURER-SPECIFIC, PER MEGABIT RATE (OR EXCEPTION TO THE
RATES, IN THE CASE OF SAMSUNG ELECTRONICS CO., LTD.) BASED ON THE
MANUFACTURER OF THE DRAMS CONTAINED IN THE MEMORY MODULES.

6. FOR FURTHER REPORTING PURPOSES THIS CASE HAS BEEN ASSIGNED
THE
FOLLOWING CASE NUMBER: C-580-851. WE ARE ASSIGNING THE FOLLOWING
CASE NUMBERS FOR ENTRIES OF DRAMS PACKAGED AND/OR
ASSEMBLED IN PUERTO RICO OR THE CZECH REPUBLIC THAT CONTAIN
KOREAN DRAMS (UNASSEMBLED OR ASSEMBLED), AND FOR PUERTO RICO-
ORIGIN OR CZECH REPUBLIC-ORIGIN MEMORY MODULES THAT CONTAIN
KOREAN DRAMS (UNASSEMBLED OR ASSEMBLED):

PUERTO RICO C-903-222

CZECH REPUBLIC C-435-222

THE CASE NUMBER FOR THE CZECH REPUBLIC (C-435-222) HAS BEEN
ASSIGNED FOR CUSTOMS PURPOSES ONLY. THE DEPARTMENT OF COMMERCE'S
INTERNAL CASE NUMBER FOR THE CZECH REPUBLIC IS C-851-222.

THESE CASE NUMBERS ARE FOR CONVENIENCE AND CUSTOMS PURPOSES ONLY.
THESE CASE NUMBERS ARE NOT INTENDED TO PERMIT THE ASSESSMENT OF
COUNTERVAILING DUTIES TWICE ON THE SAME ENTRY OF SUBJECT
MERCHANDISE.

IF MERCHANDISE COVERED BY THIS ORDER IS IMPORTED INTO THE UNITED
STATES (INCLUDING PUERTO RICO) AND SUBJECT TO A COUNTERVAILING
DUTY DEPOSIT, IS THEN EXPORTED AND IS SUBSEQUENTLY RE-IMPORTED
INTO THE UNITED STATES UNDER CASE NUMBER C-903-222 OR CASE NUMBER
C-435-222 THE MERCHANDISE IS NOT SUBJECT TO A DEPOSIT AT THE TIME
OF THE SECOND IMPORTATION IF THE IMPORTER CAN DEMONSTRATE, TO THE
SATISFACTION OF CUSTOMS, THAT THE MERCHANDISE ENTERING FOR THE
SECOND (SUBSEQUENT) IMPORTATION IS THE SAME MERCHANDISE THAT
FIRST ENTERED THE UNITED STATES AND THAT A COUNTERVAILING DUTY
DEPOSIT WAS MADE AT THE TIME OF THE FIRST ENTRY. OTHERWISE,
CUSTOMS SHALL REQUIRE A DEPOSIT ACCORDING TO THE ABOVE
INSTRUCTIONS.

THIS PARAGRAPH SHALL BE APPLIED RETROACTIVELY, TO ALL
UNLIQUIDATED ENTRIES OF DRAMS AND MEMORY MODULES AND TO ALL
FUTURE ENTRIES.

7. FOR PURPOSES OF CASH DEPOSITS 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 THE
ASSEMBLED DRAMS OR MEMORY MODULES ARE AS FOLLOWS:

MANUFACTURER/PRODUCER/ IDENTIFICATION
WEIGHTED-AVERAGE EXPORTER

NUMBER PER MEGABIT RATE (IN

9. MERCHANDISE COVERED BY THIS ORDER THAT ENTERED THE UNITED
STATES PRIOR TO THE INITIAL SUSPENSION OF LIQUIDATION ON APRIL 7,
2003, IS NOT SUBJECT TO DEPOSIT REQUIREMENTS ON ANY SUBSEQUENT
IMPORTATION INTO THE UNITED STATES IF THE IMPORTER CAN
DEMONSTRATE TO THE SATISFACTION OF CUSTOMS THAT THE MERCHANDISE
ENTERING IN THE SUBSEQUENT IMPORTATION IS THE SAME MERCHANDISE
THAT FIRST ENTERED THE UNITED STATES PRIOR TO APRIL 7, 2003.

THIS PARAGRAPH SHALL BE APPLIED RETROACTIVELY, TO ALL
UNLIQUIDATED ENTRIES OF DRAMS AND MEMORY MODULES AND TO ALL
FUTURE ENTRIES.

10. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CUSTOMS
OFFICERS, THE IMPORTING PUBLIC, OR INTERESTED PARTIES PLEASE
CONTACT DAVINA HASHMI, OFFICE OF AD/CVD ENFORCEMENT, IMPORT
ADMINISTRATION, INTERNATIONAL TRADE ADMINISTRATION, U.S.

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
COUNTERVAILING DUTY IS APPLICABLE TO IMPORTS OF DRAMS AND MEMORY
MODULES FROM THE REPUBLIC OF KOREA THAT WERE MANUFACTURED BY
SAMSUNG ELECTRONICS CO., LTD (C-580-851-002). THEREFORE, DRAMS
AND MEMORY MODULES MANUFACTURED BY SAMSUNG ELECTRONICS CO., LTD.
ARE EXCLUDED FROM THIS ORDER.DEPARTMENT OF COMMERCE, AT (202)
482-0984 (GENERATED BY GIOI: RSL).

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

CATHY SAUCEDA