MESSAGE NO: 9006209 DATE: 01 06 2009
CATEGORY: CVD TYPE: LIQ
REFERENCE: REFERENCE DATE:
CASES: C - 580 - 851 C - 223 - 222
C - 412 - 222 C - 427 - 222
C - 428 - 222 C - 549 - 222

PERIOD COVERED: 01 01 2007 TO 12 31 2007

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS

FROM: DIRECTOR, SPECIAL ENFORCEMENT

RE: LIQUIDATION INSTRUCTIONS FOR DYNAMIC RANDOM ACCESS
MEMORY SEMICONDUCTOR FROM KOREA (C-580-851), THIRD
COUNTRY (THAILAND, U.K., COSTA RICA, GERMANY, FRANCE)

THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.

1. THE DEPARTMENT OF COMMERCE DOES NOT AUTOMATICALLY CONDUCT
ADMINISTRATIVE REVIEWS OF COUNTERVAILING DUTY ORDERS. INSTEAD,
REVIEWS MUST BE REQUESTED PURSUANT TO SECTION 751(a)(1) OF THE
TARIFF ACT OF 1930 AND IN ACCORDANCE WITH SECTION 351.213 OF
THE COMMERCE DEPARTMENT REGULATIONS.

2. THE DEPARTMENT OF COMMERCE HAS NOT RECEIVED A REQUEST FOR
AN ADMINISTRATIVE REVIEW OF THE COUNTERVAILING DUTY ORDER FOR
THE PERIODS AND ON THE MERCHANDISE LISTED BELOW, EXCEPT FOR THE
FIRM(S) NOTED. THEREFORE, IN ACCORDANCE WITH SECTION
351.212(c) OF THE COMMERCE DEPARTMENT REGULATIONS, YOU ARE TO
ASSESS COUNTERVAILING DUTIES ON MERCHANDISE ENTERED, OR
WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION AT THE CASH DEPOSIT
OR BONDING RATE IN EFFECT ON THE DATE OF ENTRY.

PRODUCT: DYNAMIC RANDOM ACCESS MEMORY SEMICONDUCTORS
COUNTRY: REPUBLIC OF KOREA
CASE NUMBER: C-580-851
PERIOD 01/01/2007 - 12/31/2007:

LIQUIDATE ALL ENTRIES FOR ALL FIRMS EXCEPT:

HYNIX SEMICONDUCTOR, INC.
CASE NUMBER: C-580-851-001


3. THERE ARE NO INJUNCTIONS APPLICABLE TO THE ENTRIES COVERED
BY THIS INSTRUCTION.

4. 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:

THAILAND C-549-222
UNITED KINGDOM C-412-222
COSTA RICA C-223-222
GERMANY C-428-222
FRANCE C-427-222

THIS LIST IS FOR CONVENIENCE AND CBP PURPOSES AND MAY BE
AMENDED, DEPENDING ON CHANGES IN PATTERNS OF TRADE. IF IMPORT
SPECIALISTS 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.

5. THE DRAMS SUBJECT TO THIS ORDER ARE CURRENTLY CLASSIFIABLE
UNDER SUBHEADINGS 8542.21.8005, 8542.21.8020 THROUGH
8542.21.8030, AND 8542.32.0001 THROUGH 8542.32.0023 OF THE
HARMONIZED TARIFF SCHEDULE OF THE UNITED STATES ("HTSUS").
THE MEMORY MODULES CONTAINING DRAMS FROM KOREA, DESCRIBED
ABOVE, ARE CURRENTLY CLASSIFIABLE UNDER SUBHEADINGS
8473.30.1040, 8473.30.1080, 8473.30.1140, AND 8473.30.1180 OF
THE HTSUS. REMOVABLE MEMORY MODULES PLACED ON MOTHERBOARDS
ARE CLASSIFIABLE UNDER SUBHEADINGS 8443.99.2500,
8443.99.2550, 8471.50.0085, 8471.50.0150, 8517.30.5000,
8517.50.1000, 8517.50.5000, 8517.50.9000, 8517.61.0000,
8517.62.0010, 8517.62.0050, 8517.69.0000, 8517.70.0000,
8517.90.3400, 8517.90.3600, 8517.90.3800, 8517.90.4400,
8542.21.8005, 8542.21.8020, 8542.21.8021, 8542.21.8022,
8542.21.8023, 8542.21.8024, 8542.21.8025, 8542.21.8026,
8542.21.8027, 8542.21.8028, 8542.21.8029, 8542.21.8030,
8542.31.0000, 8542.33.0000, 8542.39.0000, 8543.89.9300, AND
8543.89.9600 OF THE HTSUS. HOWEVER, THE PRODUCT DESCRIPTION,
AND NOT THE HTSUS CLASSIFICATION, IS DISPOSITIVE OF WHETHER
MERCHANDISE IMPORTED INTO THE UNITED STATES FALLS WITHIN THE
SCOPE.


6. ENTRIES OF MERCHANDISE OF EXCEPTED FIRMS 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 MERCHANDISE EXPORTED OR
PRODUCED BY THE LISTED FIRMS AND ENTERED, OR WITHDRAWN FROM
WAREHOUSE, FOR CONSUMPTION DURING THIS PERIOD.

7. NOTICE OF THE LIFTING OF SUSPENSION OF LIQUIDATION OF
ENTRIES OF SUBJECT MERCHANDISE DURING THE PERIOD 01/01/2007
THROUGH 12/31/2007 OCCURRED WITH THE PUBLICATION OF THE NOTICE
OF INITIATION OF ADMINISTRATIVE REVIEW FOR THE 08/2008
ANNIVERSARY MONTH (73 FR 56795, 09/30/2008).

8. THE ASSESSMENT OF COUNTERVAILING DUTIES BY THE CBP 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 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 ENTRY DATE OR DATE OF DEPOSIT WHICHEVER IS LATER, 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.

9. 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: SS).

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

DAVID M. GENOVESE