Antidumping: Static random access memory semiconductors from— Taiwan,

[Federal Register: March 8, 2000 (Volume 65, Number 46)]

[Notices]

[Page 12214-12215]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr08mr00-42]

DEPARTMENT OF COMMERCE

International Trade Administration

[A-583-827]

Static Random Access Memory Semiconductors From Taiwan; Final Results of Antidumping Duty New Shipper Review

AGENCY: Import Administration, International Trade Administration, Department of Commerce.

ACTION: Notice of final results of antidumping duty new shipper review.

SUMMARY: On October 12, 1999, the Department of Commerce published the preliminary results of the new shipper review of the antidumping duty order on static random access memory semiconductors from Taiwan. The products covered by this order are synchronous, asynchronous, and specialty static random access memory semiconductors from Taiwan, whether assembled or unassembled. The review covers one manufacturer/ exporter. The period of review is October 1, 1997, through September 30, 1998.

We requested and received revised cost of production and constructed value databases from the respondent. We have used these databases, and we have made changes in the margin calculations. Therefore, the final results differ from the preliminary results. The final weighted-average dumping margin for the reviewed firm is listed below in the section entitled ``Final Results of Review.''

EFFECTIVE DATE: March 8, 2000.

FOR FURTHER INFORMATION CONTACT: Shawn Thompson, Import Administration, International Trade Administration, U.S. Department of Commerce, Washington, D.C. 20230; telephone: (202) 482-1776.

SUPPLEMENTARY INFORMATION:

The Applicable Statute

Unless otherwise indicated, all citations to the Tariff Act of 1930, as amended (the Act), are references to the provisions effective January 1, 1995, the effective date of the amendments made to the Act by the Uruguay Round Agreements Act (URAA). In addition, unless otherwise indicated, all citations to the Department of Commerce's (the Department's) regulations are to 19 CFR Part 351 (1998).

Background

The review covers one manufacturer/exporter, Giga Semiconductor, Inc. (GSI Technology). The period of review (POR) is October 1, 1997, through September 30, 1998.

On October 12, 1999, the Department published in the Federal Register the preliminary results of the new shipper review of the antidumping duty order on static random access memory semiconductors (SRAMs) from Taiwan (64 FR 55251). Also in October 1999, GSI Technology submitted revised cost of production and constructed value databases at the Department's request.

[[Page 12215]]

We invited parties to comment on our preliminary results of review and on the revised cost databases. The Department has conducted this administrative review in accordance with section 751 of the Act.

Scope of Review

The products covered by this review are synchronous, asynchronous, and specialty SRAMs from Taiwan, whether assembled or unassembled. Assembled SRAMs include all package types. Unassembled SRAMs include processed wafers or die, uncut die and cut die. Processed wafers produced in Taiwan, but packaged, or assembled into memory modules, in a third country, are included in the scope; processed wafers produced in a third country and assembled or packaged in Taiwan are not included in the scope.

The scope of this review includes modules containing SRAMs. Such modules include single in-line processing modules, single in-line memory modules, dual in-line memory modules, memory cards, or other collections of SRAMs, whether unmounted or mounted on a circuit board. The scope of this review does not include SRAMs that are physically integrated with other components of a motherboard in such a manner as to constitute one inseparable amalgam (i.e., SRAMs soldered onto motherboards).

The SRAMs within the scope of this review are currently classifiable under the subheadings 8542.13.8037 through 8542.13.8049, 8473.30.10 through 8473.30.90, and 8542.13.8005 of the Harmonized Tariff Schedule of the United States (HTSUS). Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of this review is dispositive.

Analysis of Comments Received

All issues raised in the case briefs by parties to this new shipper review are addressed in the ``Issues and Decision Memorandum'' (Decision Memo) from Richard W. Moreland, Deputy Assistant Secretary for Import Administration, to Robert S. LaRussa, Assistant Secretary for Import Administration, dated March 2, 2000, which is hereby adopted and incorporated by reference into this notice. A list of the issues which parties have raised and to which we have responded, all of which are in the Decision Memo, is attached to this notice as an Appendix. Parties can find a complete discussion of all issues raised in this review and the corresponding recommendations in this public memorandum which is on file in the Central Records Unit, room B-099 of the main Department building. In addition, a complete version of the Decision Memo can be accessed directly on the Web at www.ita.doc.gov/ import__admin/records/frn. The paper copy and electronic version of the Decision Memo are identical in content.

Changes Since the Preliminary Results

Based on the use of the revised cost data, we have made certain changes in the margin calculations. For a discussion of our these changes, see the ``Margin Calculations'' section of the Decision Memo, which is on file in room B-099 at the Department and available on the Web at www.ita.doc.gov/import__admin/records/frn.

Final Results of Review

We determine that the following weighted-average margin percentage exists for the period October 1, 1997, through September 30, 1998:

Margin

Manufacturer/exporter

(Percent)

SI Technology................................................ 7.38

The Department shall determine, and Customs shall assess, antidumping duties on all appropriate entries. In accordance with 19 CFR 351.212(b), we have calculated exporter/importer-specific assessment rates. We will direct Customs to assess the resulting percentage margin against the entered Customs values for the subject merchandise on each of that importer's entries under the relevant order during the review period.

Cash Deposit Requirements

The following deposit requirements will be effective upon publication of this notice of final results of the new shipper review for all shipments of SRAMs from Taiwan entered, or withdrawn from warehouse, for consumption on or after the date of publication, as provided by section 751(a)(1) of the Act: (1) The cash deposit rates for GSI Technology will be the rate shown above; (2) for previously reviewed or investigated companies not listed above, the cash deposit rate will continue to be the company-specific rate published for the most recent period; (3) if the exporter is not a firm covered in this review, a prior review, or the original less-than-fair-value (LTFV) investigation, but the manufacturer is, the cash deposit rate will be the rate established for the most recent period for the manufacturer of the merchandise; and (4) the cash deposit rate for all other manufacturers or exporters will continue to be 41.75. This rate is the ``All Others'' rate from the LTFV investigation.

These deposit requirements shall remain in effect until publication of the final results of the first administrative review.

This notice also serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the Secretary's presumption that reimbursement of antidumping duties occurred and the subsequent assessment of doubled antidumping duties.

This notice also serves as the only reminder to parties subject to administrative protective orders (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305 or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction.

We are issuing and publishing this determination and notice in accordance with sections 751(a)(2) and 777(i) of the Act.

Dated: March 3, 2000. Joseph A. Spetrini, Acting Assistant Secretary for Import Administration.

Appendix--Issues in Decision Memo

Comments

  1. Facts Available 2. Rejection of Post-Verification Cost Data 3. Constructed Export Price Offset

[FR Doc. 00-5650Filed3-7-00; 8:45 am]

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