• Period Covered: 01/01/2004 to 12/31/2004

MESSAGE NO: 5334201 DATE: 11 30 2005
CATEGORY: CVD TYPE: LIQ
REFERENCE: 5318204 REFERENCE DATE: 11 14 2005
CASES: C - 580 - 851 C - 100 - 222
C - 903 - 222 C - 435 - 222
- - - -

PERIOD COVERED: 01 01 2004 TO 12 31 2004

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS

FROM: DIRECTOR, SPECIAL ENFORCEMENT

RE: LIQUIDATION INSTRUCTIONS FOR DYNAMIC RANDOM ACCESS
MEMORY SEMICONDUCTORS FROM KOREA (C-580-851)(C-100-222
C-903-222 AND C-435-222)

1. THIS MESSAGE IS BEING SENT TO SUPPLEMENT MESSAGE NUMBER
5318204, DATED 11/14/2005. AS A RESULT OF THIS MESSAGE,
CUSTOMS SHOULD ALSO LIQUIDATE ENTRIES OF MERCHANDISE COVERED BY
THE COUNTERVAILING DUTY ORDER ON DRAMS FROM KOREA FOR THE CASE
NUMBERS LISTED IN PARAGRAPH 4.

2. THE DEPARTMENT OF COMMERCE DOES NOT AUTOMATICALLY CONDUCT
ADMINISTRATIVE REVIEWS OF COUNTERVAILING DUTY ORDERS. INSTEAD,
REVIEWS MUST BE REQUESTED IN ACCORDANCE WITH SECTION 351.213(B)
OF THE COMMERCE DEPARTMENT REGULATIONS.

3. THE DEPARTMENT OF COMMERCE DID NOT RECEIVE A REQUEST FOR AN
ADMINISTRATIVE REVIEW OF THE COUNTERVAILING DUTY ORDER ON
DYNAMIC RANDOM ACCESS MEMORY SEMICONDUCTORS FROM KOREA (C-580-
851) FOR THE REVIEW PERIOD 01/01/2004 THROUGH 12/31/2004, EXCEPT
FOR THE COMPANY LISTED BELOW. THEREFORE, IN ACCORDANCE WITH
SECTION 351.212(C) OF THE COMMERCE REGULATIONS, YOU ARE TO
ASSESS COUNTERVAILING DUTIES ON DYNAMIC RANDOM ACCESS MEMORY
SEMICONDUCTORS FROM KOREA ENTERED, OR WITHDRAWN FROM WAREHOUSE,
FOR CONSUMPTION DURING THE PERIOD JANUARY 1, 2004, THROUGH
DECEMBER 31, 2004, AT THE CASH DEPOSIT OR BONDING RATE IN EFFECT
ON THE DATE OF ENTRY, EXCEPT FOR ENTRIES FROM THE COMPANY LISTED
BELOW.

4. FOR FURTHER REPORTING PURPOSES THIS CASE HAS BEEN ASSIGNED
THE FOLLOWING INVESTIGATION NUMBER: C-580-851. FOR CUSTOMS

PURPOSES, FOR ALL ASSEMBLED DRAMS FROM THIRD COUNTRIES THAT
CONTAIN KOREAN DRAMS (UNASSEMBLED OR ASSEMBLED) AND FOR ALL
MEMORY MODULES FROM THIRD COUNTRIES THAT CONTAIN KOREAN DRAMS
(UNASSEMBLED OR ASSEMBLED), 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:


USA C-100-222
PUERTO RICO C-903-222
CZECH REPUBLIC C-435-222

THIS LIST IS FOR CONVENIENCE AND CUSTOMS PURPOSES AND MAY BE
THIS LIST IS FOR CONVENIENCE AND CUSTOMS 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 CUSTOMS
HEADQUARTERS IMMEDIATELY. CUSTOMS HEADQUARTERS SHOULD NOTIFY
THE DEPARTMENT OF COMMERCE ABOUT SUCH SHIPMENTS.

5. YOU SHOULD LIQUIDATE ALL ENTRIES DURING THE PERIOD
01/01/2004 THROUGH 12/31/2004 FROM ALL FIRMS EXCEPT FOR THE
FOLLOWING:

COMPANY NAME
ID NUMBER

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

6. ENTRIES OF MERCHANDISE OF THE ABOVE-MENTIONED FIRM SHOULD
NOT BE LIQUIDATED UNTIL YOU RECEIVE SPECIFIC INSTRUCTIONS AFTER
THE COMPLETION OF THE COUNTERVAILING DUTY REVIEW. CONTINUE TO
SUSPEND LIQUIDATION OF ALL ENTRIES OF DYNAMIC RANDOM ACCESS
MEMORY SEMICONDUCTORS FROM KOREA EXPORTED OR PRODUCED BY THIS
FIRM AND ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION
DURING THIS PERIOD.

7. THESE INSTRUCTIONS CONSTITUTE THE IMMEDIATE LIFTING OF THE
SUSPENSION OF LIQUIDATION OF ENTRIES EXCEPT FOR ENTRIES FROM THE
COMPANY LISTED ABOVE FOR DYNAMIC RANDOM ACCESS MEMORY
SEMICONDUCTORS FROM KOREA DURING THE PERIOD 01/01/2004 THROUGH
12/31/2004.


8. YOU SHALL CONTINUE TO COLLECT CASH DEPOSITS OF ESTIMATED
COUNTERVAILING DUTIES FOR SUBSEQUENT ENTRIES OF THE SUBJECT
MERCHANDISE AT THE CURRENT RATES.

9. THE ASSESSMENT OF COUNTERVAILING DUTIES BY THE CUSTOMS
SERVICE ON SHIPMENTS OR ENTRIES OF THIS MERCHANDISE IS SUBJECT
TO THE PROVISIONS OF SECTION 778 OF THE TARIFF ACT OF 1930.
SECTION 778 REQUIRES THAT CUSTOMS PAY INTEREST ON OVERPAYMENTS
AND ASSESS INTEREST ON UNDERPAYMENTS OF THE REQUIRED AMOUNTS
DEPOSITED AS ESTIMATED COUNTERVAILING DUTIES. THE INTEREST
PROVISIONS ARE NOT APPLICABLE TO CASH OR BONDS POSTED AS
ESTIMATED COUNTERVAILING DUTIES BEFORE AUGUST 11, 2003, THE DATE
OF PUBLICATION OF THE COUNTERVAILING DUTY ORDER ON DYNAMIC
RANDOM ACCESS MEMORY SEMICONDUCTORS FROM KOREA . INTEREST
SHALL BE CALCULATED FROM THE DATE OF PAYMENT OF ESTIMATED
COUNTERVAILING DUTIES THROUGH THE DATE OF LIQUIDATION. THE RATE
AT WHICH SUCH INTEREST IS PAYABLE IS THE RATE IN EFFECT UNDER
SECTION 6621 OF THE INTERNAL REVENUE CODE OF 1954 FOR SUCH
PERIOD.

10. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CBP
OFFICERS, THE IMPORTING PUBLIC OR INTERESTED PARTIES, PLEASE
CONTACT DAVINA HASHMI OR RON TRENTHAM AT OFFICE OF AD/CVD
ENFORCEMENT, IMPORT ADMINISTRATION, INTERNATIONAL TRADE
ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE, AT (202) 482-0984
OR (202) 482-3577 RESPECTIVELY (GENERATED BY O1:MR).

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

CATHY SAUCEDA