MESSAGE NO: 6037201 DATE: 02 06 2006
CATEGORY: CVD TYPE: SCO
REFERENCE: REFERENCE DATE:
CASES: C - 580 - 851 - -
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PERIOD COVERED: 01 12 2006 TO

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS

FROM: DIRECTOR, SPECIAL ENFORCEMENT

RE: CVD ORDER ON DRAMS FROM THE REPUBLIC OF KOREA
(C-580-851) & THE ACCEPTANCE OF NON-REMOVAL OR
DESTRUCTION CERTIFICATIONS FROM IMPORTERS


1. ON 01/12/2006, IN RESPONSE TO A REQUEST BY CISCO SYSTEMS,
INC., THE DEPARTMENT OF COMMERCE ISSUED A FINAL SCOPE RULING
THAT REMOVABLE MEMORY MODULES PLACED ON MOTHERBOARDS THAT ARE
IMPORTED FOR REPAIR OR REFURBISHMENT ARE NOT WITHIN THE SCOPE OF
THE COUNTERVAILING DUTY ORDER ON DYNAMIC RANDOM ACCESS MEMORY
SEMICONDUCTORS FROM THE REPUBLIC OF KOREA ("ROK") IF THE
IMPORTER CERTIFIES THAT IT WILL DESTROY ANY MEMORY MODULES THAT
ARE REMOVED FOR REPAIR OR REFURBISHMENT.

2. AS A RESULT, THE SCOPE OF THIS ORDER HAS BEEN CLARIFIED AS
FOLLOWS: THE PRODUCTS COVERED BY THIS FINAL SCOPE RULING 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 FINAL RULING 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 FINAL RULING 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 CUSTOMS AND BORDER PROTECTION THAT
NEITHER IT, NOR A PARTY RELATED TO IT OR UNDER CONTRACT TO IT,
WILL REMOVE THE MODULES FROM THE MOTHERBOARDS AFTER IMPORTATION
OR UNLESS THE IMPORTER OF THE MOTHERBOARDS CERTIFIES WITH
CUSTOMS AND BORDER PROTECTION THAT THE MOTHERBOARD IS BEING
IMPORTED FOR REPAIR OR REFURBISHMENT, AND THAT NEITHER IT, NOR A
PARTY RELATED TO IT OR UNDER CONTRACT TO IT, WILL REMOVE THE
MODULES FROM THE MOTHERBOARDS AFTER IMPORTATION, EXCEPT AS
NECESSARY IN THE COURSE OF REPAIR OR REFURBISHMENT OF THE
MOTHERBOARDS, IN WHICH CASE ANY SUBJECT MEMORY MODULES REMOVED
FROM THE MOTHERBOARDS WILL BE DESTROYED.

THE SCOPE OF THIS FINAL RULING 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 AND BORDER PROTECTION.

THE DRAMS SUBJECT TO THIS INVESTIGATION ARE CURRENTLY
CLASSIFIABLE UNDER SUBHEADINGS 8542.21.8005 AND 8542.21.8020
THROUGH 8542.21.8030 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 AND 8473.30.10.80 OF THE HTSUS.
REMOVABLE MEMORY MODULES PLACED ON MOTHERBOARDS, DESCRIBED
ABOVE, ARE CLASSIFIABLE UNDER SUBHEADING 8471.50.0085,
8517.30.5000, 8517.50.1000, 8517.50.5000, 8517.50.9000,
8517.90.3400, 8517.90.3600, 8517.90,3800, 8517.90.4400 AND
8543.89.9600. ALTHOUGH THE HTSUS SUBHEADINGS ARE PROVIDED FOR
CONVENIENCE AND CUSTOMS AND BORDER PROTECTION PURPOSES, THE
DEPARTMENT'S WRITTEN DESCRIPTION OF THE SCOPE OF THIS
INVESTIGATION REMAINS DISPOSITIVE.


3. AS DESCRIBED IN PARAGRAPH 2, ABOVE, THE SCOPE OF THIS FINAL
RULING INCLUDES REMOVABLE MEMORY MODULES PLACED ON MOTHERBOARDS,
WITH OR WITHOUT A CENTRAL PROCESSING UNIT, UNLESS THE IMPORTER
OF THE MOTHERBOARDS CERTIFIES WITH CUSTOMS AND BORDER PROTECTION
THAT THE MOTHERBOARDS ARE BEING IMPORTED FOR REPAIR OR
REFURBISHMENT, AND THAT NEITHER IT, NOR A PARTY RELATED TO IT OR
UNDER CONTRACT TO IT, WILL REMOVE THE MODULES FROM THE
MOTHERBOARDS AFTER IMPORTATION, EXCEPT AS NECESSARY IN THE
COURSE OF REPAIR OR REFURBISHMENT OF THE MOTHERBOARDS, IN WHICH
CASE ANY SUCH SUBJECT MEMORY MODULES REMOVED FROM THE
MOTHERBOARDS WILL BE DESTROYED.

FOR NO SUSPENSION OF LIQUIDATION TO BE REQUIRED, AN OFFICIAL OF
THE COMPANY IMPORTING THE MOTHERBOARDS MUST CERTIFY THE
FOLLOWING:

I, (NAME OF COMPANY OFFICIAL), HEREBY CERTIFY THAT I AM AN
OFFICIAL OF (COMPANY IMPORTING MOTHERBOARDS), THAT I HAVE
KNOWLEDGE OF THE FACTS REGARDING THE IMPORTATION OF THESE
MOTHERBOARDS, AND THAT THESE MOTHERBOARDS ARE BEING IMPORTED
INTO THE UNITED STATES FOR PURPOSES OF REPAIR OR REFURBISHMENT.
I FURTHER CERTIFY THAT NEITHER (COMPANY IMPORTING THE
MOTHERBOARDS) NOR A PARTY TO, OR UNDER CONTRACT TO (COMPANY
IMPORTING THE MOTHERBOARDS) WILL REMOVE THE MEMORY MODULES FROM
THE MOTHERBOARDS AFTER IMPORTATION UNLESS IT IS NECESSARY TO DO
SO IN THE COURSE OF REPAIRING OR REFURBISHING THE MOTHERBOARDS,
IN WHICH CASE ANY SUCH SUBJECT MEMORY MODULES REMOVED FROM THE
MOTHERBOARDS WILL BE DESTROYED. I CERTIFY THAT I WILL RETAIN
RECORDS PERTAINING TO THE DESTRUCTION OF SUBJECT MEMORY MODULES
REMOVED FROM THE MOTHERBOARDS FOR FIVE YEARS FROM THE DATA OF
ENTRY, CONSISTENT WITH 19 U.S.C. 1508 AND 1509. I AM AWARE THAT
RECORDS PERTAINING TO THE DESTRUCTION OF SUBJECT MEMORY MODULES
REMOVED FROM THE MOTHERBOARDS MAY BE SUBJECT TO AUDIT, AND I
WILL CONSENT TO VERIFICATION WITH RESPECT TO THIS CERTIFICATION
AND THESE RECORDS.

4. 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:YB).

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

CATHY SAUCEDA