AD/CVD message 7291204 - LIQUIDATION INSTRUCTION -DYNAMIC RANDOM ACCESS MEMORY SEMICONDUCTORS - KR,ID,PT,US,PR,CZ (C-580-851,C-560-222 C-471-222,C-100-222,C-903-222,C-435-222)

search within cases:C-903-222

7291204
Oct 18, 2007
Active

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

Category: Countervailing • Type: Liquidation Instructions • Cases: C-100-222 C-435-222 C-471-222 C-560-222 C-580-851 C-903-222

MESSAGE NO: 7291204 DATE: 10 18 2007
CATEGORY: CVD TYPE: LIQ
REFERENCE: REFERENCE DATE:
CASES: C - 580 - 851 C - 560 - 222
C - 471 - 222 C - 903 - 222
C - 100 - 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 INSTRUCTION -DYNAMIC RANDOM ACCESS MEMORY
SEMICONDUCTORS - KR,ID,PT,US,PR,CZ (C-580-851,C-560-222
C-471-222,C-100-222,C-903-222,C-435-222)

1. ON 08/16/2007, THE U.S. COURT OF INTERNATIONAL TRADE (CIT)
ISSUED A DISMISSAL IN THE CASE OF HYNIX SEMICONDUCTOR, INC. AND
HYNIX SEMICONDUCTOR AMERICA INC. V. UNITED STATES (COURT NO. 07-
96). AS A RESULT OF THIS DECISION, THE INJUNCTION TO WHICH
MESSAGE 7093205 DATED 04/03/2007 AND AS AMENDED PER MESSAGE
7225205 DATED 08/13/2007 REFER ENJOINING LIQUIDATION OF ENTRIES
WHICH ARE SUBJECT TO THE COUNTERVAILING DUTY ORDER ON DYNAMIC
RANDOM ACCESS MEMORY SEMICONDUCTORS FROM KOREA FOR THE PERIOD
01/01/2004 THROUGH 12/31/2004 PRODUCED BY HYNIX SEMICONDUCTOR,
INC. DISSOLVED.

2. IMPORTS COVERED BY THIS REVIEW 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 COVERED BY
THIS REVIEW. PROCESSED WAFERS FABRICATED OUTSIDE KOREA AND
ASSEMBLED INTO FINISHED SEMICONDUCTORS IN KOREA ARE NOT COVERED
BY THIS REVIEW.

IMPORTS COVERED BY THIS REVIEW ALSO INCLUDE 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 COVERED BY THIS
REVIEW. THIS REVIEW ALSO COVERS FUTURE DRAMS MODULE TYPES.

IMPORTS COVERED BY THIS REVIEW INCLUDE, BUT ARE 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. IMPORTS COVERED BY
THIS REVIEW INCLUDE ANY FUTURE DENSITY, PACKAGING, OR ASSEMBLING
OF DRAMS. IMPORTS COVERED BY THIS REVIEW ALSO INCLUDE 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,
OR UNLESS THE IMPORTER OF THE MOTHERBOARDS CERTIFIES WITH CBP
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 SUBJECT MEMORY MODULES REMOVED
FROM THE MOTHERBOARDS WILL BE DESTROYED. SEE PARAGRAPH 5,
BELOW.

DRAMS OR MEMORY MODULES THAT ARE RE-IMPORTED FOR REPAIR OR
REPLACEMENT ARE NOT COVERED BY THIS REVIEW, 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 CBP.

THE DRAMS COVERED BY THIS REVIEW 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 OR 8473.30.10.80 OF THE HTSUS.
REMOVABLE MEMORY MODULES PLACED ON MOTHERBOARDS ARE CLASSIFIABLE
UNDER SUBHEADING 8471.50.0085, 8471.50.0150, 8473.30.1140,
8473.30.1180, 8517.30.5000, 8517.50.1000, 8517.50.5000,
8517.50.9000, 8517.90.3400, 8517.90.3600, 8517.90.3800,
8517.90.4400, 8542.31.0000, 8542.32.0001, 8542.32.0020,
8542.32.0021, 8542.32.0022, 8542.32.0023, 8542.33.0000,
8542.39.0000, 8517.61.0000, 8517.62.0010, 8517.62.0050,
8517.69.0000, 8517.70.0000, and 8543.89.9600. ALTHOUGH THE
HTSUS SUBHEADINGS ARE PROVIDED FOR CONVENIENCE AND CBP PURPOSES,
THE DEPARTMENT'S WRITTEN DESCRIPTION OF THE IMPORTS COVERED BY
THIS REVIEW REMAINS DISPOSITIVE.

3. THE IMPORTS COVERED BY THIS REVIEW INCLUDE UNASSEMBLED
KOREAN DRAMS THAT WERE PACKAGED AND/OR ASSEMBLED IN ALL
COUNTRIES. THE IMPORTER OF ASSEMBLED DRAMS MAY CERTIFY WITH CBP
THAT THE ASSEMBLED DRAMS DO NOT CONTAIN ANY UNASSEMBLED KOREAN
DRAMS, IN WHICH CASE, NO CASH DEPOSIT IS REQUIRED. FOR NO CASH
DEPOSIT 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,
CBP SHALL REQUIRE AN OFFICIAL OF THE IMPORTING COMPANY TO SUBMIT
TO CBP 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, CBP SHALL REQUIRE
A CASH DEPOSIT EQUAL TO THE COMPANY-SPECIFIC AD VALOREM RATE IN
EFFECT AT THE TIME OF ENTRY. CBP SHALL APPLY THE AD VALOREM
RATE TO THE TOTAL ENTERED VALUE OF THE ASSEMBLED DRAMS.

IF THE UNASSEMBLED KOREAN DRAMS CONTAINED IN THE ASSEMBLED DRAMS
WERE PRODUCED BY MULTIPLE PRODUCERS, CBP 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 RATE IS LISTED IN
PARAGRAPH 7, BELOW.

TO CALCULATE THE REQUIRED DEPOSIT FOR EACH MANUFACTURER USING A
MANUFACTURER-SPECIFIC, PER-MEGABIT RATE, CBP 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 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, CBP SHALL APPLY THE HIGHEST PER MEGABIT RATE FOR ANY
COMPANY IN EFFECT AT THE TIME OF ENTRY 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, CBP SHALL APPLY THE HIGHEST AD VALOREM RATE CALCULATED
FOR ANY COMPANY IN EFFECT AT THE TIME OF ENTRY 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, CBP SHALL APPLY THE HIGHEST MANUFACTURER-
SPECIFIC, PER MEGABIT RATE IN EFFECT AT THE TIME OF ENTRY FOR
ANY OF THE KOREAN DRAM MANUFACTURERS WHOSE UNASSEMBLED DRAMS ARE
INCLUDED IN THE ASSEMBLED DRAMS. CBP SHALL APPLY THIS RATE TO
THE TOTAL AMOUNT OF MEGABITS CONTAINED IN THE ASSEMBLED DRAMS.

CBP SHALL DETERMINE THE APPLICABLE AD VALOREM SUBSIDY RATE OR
MANUFACTURER-SPECIFIC, PER MEGABIT RATE BASED ON THE
MANUFACTURER OR MANUFACTURERS OF THE UNASSEMBLED DRAMS CONTAINED
IN THE ASSEMBLED DRAMS.

4. THE IMPORTS COVERED BY THIS REVIEW INCLUDE MEMORY MODULES
FROM ALL THIRD COUNTRIES THAT CONTAIN KOREAN DRAMS (ASSEMBLED OR
UNASSEMBLED). THE IMPORTER OF MEMORY MODULES MAY CERTIFY WITH
CBP THAT THE MEMORY MODULES DO NOT CONTAIN ANY KOREAN DRAMS, IN
WHICH CASE, NO CASH DEPOSIT IS REQUIRED. FOR NO CASH DEPOSIT 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,
CBP SHALL REQUIRE AN OFFICIAL OF THE IMPORTING COMPANY TO SUBMIT
TO CBP 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, CBP SHALL REQUIRE A
CASH DEPOSIT EQUAL TO THE COMPANY-SPECIFIC AD VALOREM RATE IN
EFFECT AT THE TIME OF ENTRY. CBP SHALL APPLY THE AD VALOREM
RATE TO THE TOTAL ENTERED VALUE OF THE MEMORY MODULES.

IF THE KOREAN DRAMS CONTAINED IN THE MEMORY MODULES WERE
PRODUCED BY MULTIPLE PRODUCERS, CBP 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, CBP 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, CBP SHALL APPLY THE HIGHEST PER MEGABIT RATE FOR ANY
COMPANY IN EFFECT AT THE TIME OF ENTRY 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, CBP SHALL APPLY THE HIGHEST AD VALOREM RATE CALCULATED
FOR ANY COMPANY IN EFFECT AT THE TIME OF ENTRY 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, CBP SHALL APPLY THE HIGHEST MANUFACTURER-
SPECIFIC, PER MEGABIT RATE IN EFFECT AT THE TIME OF ENTRY FOR
ANY OF THE KOREA DRAM MANUFACTURERS WHOSE DRAMS ARE CONTAINED
IN THE MEMORY MODULES. CBP SHALL APPLY THIS RATE TO THE TOTAL
AMOUNT OF MEGABITS CONTAINED IN THE MEMORY MODULES.

CBP SHALL DETERMINE THE APPLICABLE AD VALOREM SUBSIDY RATE OR
MANUFACTURER-SPECIFIC, PER MEGABIT RATE BASED ON THE
MANUFACTURER OR MANUFACTURERS OF THE DRAMS CONTAINED IN THE
MEMORY MODULES.

5. AS DESCRIBED IN PARAGRAPH 2, ABOVE, THE IMPORTS COVERED BY
THIS REVIEW INCLUDE REMOVABLE MEMORY MODULES PLACED ON
MOTHERBOARDS, WITH OR WITHOUT A CENTRAL PROCESSING UNIT, UNLESS
THE IMPORTER OF THE MOTHERBOARDS CERTIFIES WITH CBP 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 CASH DEPOSIT 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 DATE 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.

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

INDONESIA C-560-222
PORTUGAL C-471-222
USA C-100-222
PUERTO RICO C-903-222
CZECH REPUBLIC C-435-222

THIS LIST IS FOR CONVENIENCE AND CBP 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 ORDER FROM THIRD COUNTRIES NOT
IN THE AD/CVD MODULE, THEY SHOULD NOTIFY THE DEPARTMENT OF
COMMERCE ABOUT SUCH SHIPMENTS IN ACCORDANCE WITH PARAGRAPH 9.

7. THE NET SUBSIDY RATE WAS FOUND TO BE 31.86 PERCENT AD
VALOREM OR 0.006 DOLLARS PER MEGABIT FOR THE PERIOD 01/01/2004
THROUGH 12/31/2004.

8. ACCORDINGLY, YOU ARE TO LIQUIDATE SUBJECT MERCHANDISE
PRODUCED BY HYNIX SEMICONDUCTOR INC. (C-580-851-001) AT 31.86
PERCENT OF THE ENTERED VALUE (OR 0.006 DOLLARS PER MEGABIT, AS
APPROPRIATE ) INCLUDING UNASSEMBLED KOREAN DRAMS PRODUCED BY
HYNIX SEMICONDUCTOR INC. THAT WERE PACKAGED AND/OR ASSEMBLED IN
THIRD COUNTRIES AND MEMORY MODULES FROM ALL THIRD COUNTRIES THAT
CONTAIN KOREAN DRAMS PRODUCED BY HYNIX SEMICONDUCTOR INC.
(ASSEMBLED OR UNASSEMBLED) FOR THE PERIOD 01/01/2004 THROUGH
12/31/2004.

9. THE ASSESSMENT OF COUNTERVAILING DUTIES BY THE CBP 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 CBP PAY INTEREST ON OVERPAYMENTS OR 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 THE DATE OF PUBLICATION OF THE COUNTERVAILING DUTY
ORDER. 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. THESE INSTRUCTIONS CONSTITUTE NOTICE OF THE LIFTING OF
SUSPENSION OF LIQUIDATION ORDERED FOR THIS MERCHANDISE EXPORTED
ON OR AFTER 01/01/2004 AND ON OR BEFORE 12/31/2004. SUSPENSION
OF LIQUIDATION FOR ALL ENTRIES OF SUBJECT MERCHANDISE EXPORTED
AFTER 12/31/2004 WILL CONTINUE.

11. 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
OPERATIONS, IMPORT ADMINISTRATION, INTERNATIONAL TRADE
ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE, AT (202) 482-0984
OR (202) 482-3577 RESPECTIVELY (GENERATED BY O1:DEN).

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

ANNE MARICICH