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CV: Korea Dynamic Random Access Memory Semiconductors

The International Trade Administration (ITA) has issued the final results of its countervailing (CV) duty administrative review of DRAMS from Korea for the period April 7, 2003, through December 31, 2003.

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CV Cash Deposit Rate for a Time of Entry on or After 03/21/06:

CompanyCV Cash Deposit Rates
Hynix Semiconductor, Inc. (Hynix)58.22%
Samsung Electronics Co., Ltd. (Samsung)(a)
Other companies(b),(c)

(a) The ITA states that is has previously excluded Samsung from this CV duty order;

(b) For non-reviewed companies, the CV cash deposit rate will be the most recent company-specific rate applicable to the company established in the CV duty investigation; and

(c) The "All Others" rate shall apply to all non-reviewed companies until a review of a company assigned this rate is requested.

Assessment Instructions for the Review Period (04/07/03 - 12/31/03)

The ITA will instruct U.S. Customs and Border Protection (CBP), within 15 days of March 21, 2006, to liquidate shipments of DRAMS by Hynix with a time of entry from April 7, 2003, through December 31, 2003, at the CV duty rate listed above. It will also instruct CBP to take into account the "provisional measures cap" in accordance with 19 CFR 351.212(d).

(In general, for an administrative review which includes the period that begins on the publication date of the preliminary affirmative determination and ends on the date that the final International Trade Commission (ITC) injury determination is published, the "provisional measures deposit cap" requires that for this period, the lowest rate should be used for assessment purposes-either the entered antidumping (AD)/CV rate or the calculated AD/CV assessment rate.)

ITA note on the scope of the order. On January 12, 2006, the ITA issued a final scope ruling, finding that removable memory modules placed on motherboards that are imported for repair or refurbishment are not within the scope of the CV duty order if the importer certifies that it will destroy any memory modules that are removed during repair or refurbishment. (See CBP's administrative message listed below for clarification on the final scope ruling on DRAMS from Korea.)

(See ITA notice for more information, including the scope of the order, other scope rulings, certification requirements, etc. See ITT's Online Archives or 10/19/05 news, 05101925, for BP summary of the preliminary results of this CV duty administrative review.)

ITA Contact - Ryan Langan (202) 482-2613

CBP Admin (Final Scope Ruling): 06-0186, dated 02/07/06, available at http://www.brokerpower.com/cgi-bin/adminsearch/admmsg.view.pl?article=2006/2006-0186.ADM

ITA Notice (FR Pub 03/21/06) available athttp://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/pdf/E6-4071.pdf