Message body
Full text as published by U.S. Customs and Border Protection
MESSAGE NO: 0048208
DATE: 02 17 2000
CATEGORY: ADA
TYPE: ADM
REFERENCE:
REFERENCE DATE:
CASES:
A - 433 - 212
A - 423 - 212
A - 487 - 212
A - 427 - 212
A - 428 - 212
A - 419 - 212
PERIOD COVERED:
12 14 1999
TO
LIQ SUSPENSION DATE:
TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS
FROM: DIRECTOR, TRADE ENFORCEMENT & CONTROL
RE: CASH DEPOSIT INSTRUCTIONS FOR DYNAMIC RANDOM ACCESS MEMORY
SEMICONDUCTORS (DRAMS) FROM THE REPULBIC OF KOREA &
EXPORTED FROM AT, BE, BG, FR, DE AND IE
1.THE DEPARTMENT OF COMMERCE HAS PUBLISHED IN THE FEDERAL
REGISTER (64 FR 69694) ON 12/14/1999 THE FINAL RESULTS OF
ITS ADMINISTRATIVE REVIEW OF THE ANTIDUMPING FINDING/ORDER
ON DYNAMIC RANDOM ACCESS MEMORY SEMICONDUCTORS (DRAMS)
FROM THE REPUBLIC OF KOREA AND EXPORTED FROM AUSTRIA(A-433-212),
BELGIUM (A-423-212), BULGARIA (A-487-212), FRANCE (A-427-212),
GERMANY (A-428-212) AND IRELAND (A-419-212). FOR THE PERIOD
05/01/1997 THROUGH 04/30/1998.
2.FOR SHIPMENTS OF DRAMS FROM THE REPUBLIC OF KOREA ENTERED,
OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON OR AFTER
12/14/1999, A CASH DEPOSIT IS REQUIRED FOR THE FOLLOWING
MANUFACTURERS/EXPORTERS:
AUSTRIA:
HYUNDAI ELECTRONICS INDUSTRIES
CO. LTD. (HYUNDAI)
(A-433-212-002)
10.44%
LG SEMICON CO. LTD. (LGS)
(A-433-212-001)
10.44%
G5 CORPORATION
(A-433-212-006)
10.44%
ALL OTHERS RATE
(A-433-212-000)
4.55%
BELGIUM:
HYUNDAI ELECTRONICS INDUSTRIES
CO. LTD. (HYUNDAI)
(A-423-212-002)
10.44%
LG SEMICON CO. LTD. (LGS)
(A-423-212-001)
10.44%
G5 CORPORATION
(A-423-212-006)
10.44%
ALL OTHERS RATE
(A-423-212-000)
4.55%
BULGARIA:
HYUNDAI ELECTRONICS INDUSTRIES
CO. LTD. (HYUNDAI)
(A-487-212-002)
10.44%
LG SEMICON CO. LTD. (LGS)
(A-487-212-001)
10.44%
G5 CORPORATION
(A-487-212-006)
10.44%
ALL OTHERS RATE
(A-487-212-000)
4.55%
FRANCE:
HYUNDAI ELECTRONICS INDUSTRIES
CO. LTD. (HYUNDAI)
(A-427-212-002)
10.44%
LG SEMICON CO. LTD. (LGS)
(A-427-212-001)
10.44%
G5 CORPORATION
(A-427-212-006)
10.44%
ALL OTHERS RATE
(A-401-212-000)
4.55%
GERMANY:
HYUNDAI ELECTRONICS INDUSTRIES
CO. LTD. (HYUNDAI)
(A-428-212-002)
10.44%
LG SEMICON CO. LTD. (LGS)
(A-428-212-001)
10.44%
G5 CORPORATION
(A-428-212-006)
10.44%
ALL OTHERS RATE
(A-428-212-000)
4.55%
IRELAND:
HYUNDAI ELECTRONICS INDUSTRIES
CO. LTD. (HYUNDAI)
(A-419-212-002)
10.44%
LG SEMICON CO. LTD. (LGS)
(A-419-212-001)
10.44%
G5 CORPORATION
(A-419-212-006)
10.44%
ALL OTHERS RATE
(A-419-212-000)
4.55%
3.IF ANY ENTRIES OF THIS MERCHANDISE ARE EXPORTED BY A FIRM
OTHER THAN THE MANUFACTURER, THEN THE FOLLOWING INSTRUCTIONS
APPLY:
A. IF THE EXPORTER OF THE SUBJECT MERCHANDISE HAS ITS OWN
RATE, USE THE EXPORTER'S RATE FOR DETERMINING THE CASH
DEPOSIT RATE.
B. IF THE EXPORTER OF THE SUBJECT MERCHANDISE DOES NOT
HAVE ITS OWN RATE, BUT THE MANUFACTURER HAS ITS OWN
RATE, THE CASH DEPOSIT RATE WILL BE THE MANUFACTURER'S
RATE.
C. WHERE NEITHER THE EXPORTER NOR THE MANUFACTURER
CURRENTLY HAS ITS OWN RATE, OR THE MANUFACTURER IS
UNKNOWN, USE THE 'ALL OTHER' RATE FOR ESTABLISHING THE
CASH DEPOSIT RATE.
4. FOR ALL OTHER KOREAN MANUFACTURERS/EXPORTERS OF DRAMS WITHOUT
THEIR OWN RATE, THE CASH DEPOSIT REQUIRED IS 4.55 PERCENT.
INDIRECT SHIPMENTS OF MEMORY MODULES: THE SCOPE OF THIS REVIEW
ALSO INCLUDES MEMORY MODULES FROM ALL COUNTRIES WHICH CONTAIN
KOREAN DRAMS, UNLESS THE IMPORTER OF THE MEMORY MODULES CERTIFIES
WITH THE CUSTOMS SERVICE THAT SUCH MEMORY MODULES DO NOT CONTAIN
ANY KOREAN DRAMS. FOR THESE INDIRECT SHIPMENTS, AN IMPORTER MAY
CERTIFY THAT THE IMPORTED MODULE CONTAINS NO DRAMS OF KOREAN
ORIGIN.
IN THAT CASE, NO SUSPENSION OF LIQUIDATION UNDER THESE
INSTRUCTIONS IS REQUIRED.
FOR NO SUSPENSION OF LIQUIDATION UNDER THESE INSTRUCTIONS 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 OR DRAMS MADE IN A COUNTRY
OTHER THAN KOREA BUT CONTAINING PROCESSED WAFERS, UNCUT DIE OR
CUT DIE OF KOREAN ORIGIN.
AGENTS OF THE IMPORTER, SUCH AS BROKERS, ARE NOT PERMITTED TO
MAKE SUCH A CERTIFICATION.
UNLESS THE COMPANY IMPORTING THE
MEMORY MODULES MAKES SUCH A CERTIFICATION, THE CUSTOMS SERVICE
SHALL REQUIRE A CASH DEPOSIT OR BOND ON THE MEMORY MODULES AS
DESCRIBED BELOW. IF THIS OCCURS, THE IMPORTER WILL BE REQUIRED TO
SUBMIT A LIST IDENTIFYING: 1) THE AMOUNT OF KOREAN MEGABITS
CONTAINED IN THE MODULE; 2) THE NAMES OF THE VARIOUS KOREAN DRAM
MANUFACTURERS WHICH PRODUCED THE MEGABITS CONTAINED IN THE
MODULE; AND 3) THE AMOUNT OF KOREAN MEGABITS CONTAINED IN THE
MODULES WHICH WERE PRODUCED BY EACH OF THESE KOREAN DRAM
MANUFACTURERS.
IF THE DRAMS ON THE MODULE WERE PRODUCED BY A KOREAN PRODUCER,
CUSTOMS SHALL REQUIRE A CASH DEPOSIT OR A BOND EQUAL TO THE
COMPANY-SPECIFIC AD VALOREM MARGIN SHOWN IN PARAGRAPH 2 APPLIED
TO THE TOTAL ENTERED VALUE OF THE MODULE.
IF THE DRAMS IN THE MODULE WERE PRODUCED BY MULTIPLE PRODUCERS,
THE CUSTOMS SERVICE SHALL REQUIRE A PER MEGABIT CASH DEPOSIT OR
BOND ON THE COMPANY-SPECIFIC AMOUNT OF KOREAN MEGABITS CONTAINED
IN A MODULE AS DESCRIBED IN PARAGRAPH 2.
IF THE IMPORTER IS UNABLE OR UNWILLING TO IDENTIFY THE AMOUNT OF
MEGABITS PRODUCED BY EACH OF THE VARIOUS KOREAN DRAM
MANUFACTURERS WITHIN THE MODULE, BUT CAN IDENTIFY THE TOTAL
AMOUNT OF KOREAN MEGABITS WITHIN THE MODULE, THE HIGHEST PER
MEGABIT RATE CALCULATED FOR ANY COMPANY LISTED IN PARAGRAPH 2
BELOW WILL BE APPLIED TO ALL KOREAN MEGABITS CONTAINED IN THE
MODULE.
IF THE IMPORTER IS UNABLE OR UNWILLING TO IDENTIFY THE TOTAL
AMOUNT OF KOREAN MEGABITS WITHIN THE MODULE, INCLUDING MODULES
CONTAINING MEGABITS WITH MIXED COUNTRIES OF ORIGIN, THE HIGHEST
AD VALOREM MARGIN CALCULATED FOR ANY KOREAN DRAM MANUFACTURER
LISTED IN ITEM 2 ABOVE WILL BE APPLIED TO THE TOTAL ENTERED VALUE
OF THE MODULE.
IF THE IMPORTER CAN IDENTIFY THE NAMES OF THE VARIOUS KOREAN DRAM
MANUFACTURERS WHICH PRODUCED THE MEGABITS CONTAINED IN THE
MODULE, BUT IS UNABLE OR UNWILLING TO IDENTIFY THE AMOUNT OF
MEGABITS PRODUCED BY EACH OF THE VARIOUS KOREAN DRAM
MANUFACTURERS WITHIN THE MODULE, THE HIGHEST PER MEGABIT RATE
LISTED IN PARAGRAPH 2 BELOW CALCULATED FOR ANY OF THE KOREAN
MANUFACTURERS WHOSE DRAMS ARE INCLUDED IN THE MODULE SHALL BE
APPLIED TO THE TOTAL MEGABITS CONTAINED IN THE MODULE.
5.THE SCOPE OF THIS ORDER ALSO INCLUDES MEMORY MODULES FROM KOREA
PLACED ON MOTHERBOARDS FROM ALL COUNTRIES, WITH OR WITHOUT A CPU.
FOR DIRECT IMPORTS FROM KOREA, MERE TRANSHIPMENTS THROUGH THIRD
COUNTRIES, AND INDIRECT SHIPMENTS OF MEMORY MODULES FROM KOREA
PLACED ON MOTHERBOARDS, WITH OR WITHOUT A CPU, THE IMPORTER MAY
CERTIFY WITH THE CUSTOMS SERVICE THAT NEITHER IT, NOR A PARTY
RELATED TO IT OR UNDER CONTRACT TO IT WILL REMOVE THE MODULES
FROM THE MOTHERBOARD AFTER IMPORTATION.
IN THAT CASE, NO
SUSPENSION OF LIQUIDATION UNDER THESE INSTRUCTIONS IS REQUIRED.
FOR NO SUSPENSION OF LIQUIDATION UNDER THESE INSTRUCTIONS TO BE
REQUIRED, AN OFFICIAL OF THE COMPANY IMPORTING THE MOTHERBOARDS
MUST CERTIFY THE FOLLOWING:
THIS SHIPMENT INCLUDES OR MAY INCLUDE REMOVABLE MEMORY MODULES
CONTAINING KOREAN DRAMS AND PLACED ON MOTHERBOARDS.
I, HEREBY,
CERTIFY THAT I AM AN OFFICIAL OF (NAME OF COMPANY IMPORTING THE
MOTHERBOARDS) AND THAT I HAVE KNOWLEDGE OF THE FACTS REGARDING
THE IMPORTATION OF THESE MOTHERBOARDS.
I FURTHER CERTIFY THAT,
TO THE BEST OF MY KNOWLEDGE AND BELIEF, AFTER IMPORTATION OF
THESE MOTHERBOARDS INTO THE UNITED STATES, KOREAN DRAMS CONTAINED
ON OR WITHIN THESE MOTHERBOARDS WILL NOT REMOVED BY (NAME OF
COMPANY IMPORTING THE MOTHERBOARDS), OR ANY PARTY RELATED TO IT,
FOR SALE OR EQUIVALENT COMMERCIAL TRANSACTION SEPARATE FROM THE
MOTHERBOARDS.
I FURTHER CERTIFY THAT MY COMPANY HAS NOT CONTRACTED WITH ANY
PARTY TO REMOVE KOREAN DRAMS FOR SALE OR EQUIVALENT COMMERCIAL
TRANSACTION SEPARATE FROM THE MOTHERBOARDS.
AGENTS OF THE IMPORTER, SUCH AS BROKERS, ARE NOT PERMITTED TO
MAKE SUCH A CERTIFICATION.
UNLESS THE COMPANY IMPORTING THE MOTHERBOARDS MAKES SUCH A
CERTIFICATION, THE CUSTOMS SERVICE SHALL REQUIRE A CASH DEPOSIT
OR BOND ON THE MEMORY MODULES AS DESCRIBED BELOW.
IF THIS
OCCURS, THE IMPORTER WILL BE REQUIRED TO SUBMIT A LIST
IDENTIFYING: 1) THE AMOUNT OF KOREAN MEGABITS CONTAINED IN THE
MODULE; 2) THE NAMES OF THE VARIOUS KOREAN DRAM MANUFACTURERS
WHICH PRODUCED THE MEGABITS CONTAINED IN THE MODULE; AND 3) THE
AMOUNT OF KOREAN MEGABITS CONTAINED IN THE MODULES WHICH WERE
PRODUCED BY EACH OF THESE KOREAN DRAM MANUFACTURERS.
IF THE DRAMS IN THE MODULE WERE PRODUCED BY SINGLE OR MULTIPLE
PRODUCERS, THE CUSTOMS SERVICE SHALL REQUIRE A PER MEGABIT CASH
DEPOSIT OR BOND ON THE COMPANY-SPECIFIC AMOUNT OF KOREAN MEGABITS
CONTAINED IN A MODULE AS DESCRIBED IN PARAGRAPH 2.
IF THE IMPORTER IS UNABLE OR UNWILLING TO IDENTIFY THE AMOUNT OF
MEGABITS PRODUCED BY EACH OF THE VARIOUS KOREAN DRAM
MANUFACTURERS WITHIN THE MODULE, BUT CAN IDENTIFY THE TOTAL
AMOUNT OF KOREAN MEGABITS WITHIN THE MODULE, THE HIGHEST PER
MEGABIT RATE CALCULATED FOR ANY COMPANY LISTED IN PARAGRAPH 2
BELOW WILL BE APPLIED TO ALL KOREAN MEGABITS CONTAINED IN THE
MODULE.
IF THE IMPORTER IS UNABLE OR UNWILLING TO IDENTIFY THE TOTAL
AMOUNT OF KOREAN MEGABITS WITHIN THE MODULE, INCLUDING MODULES
CONTAINING MEGABITS WITH MIXED COUNTRIES OF ORIGIN, THE HIGHEST
AD VALOREM MARGIN CALCULATED FOR ANY KOREAN DRAM MANUFACTURER
LISTED IN ITEM 2 ABOVE WILL BE APPLIED TO THE TOTAL ENTERED VALUE
OF THE MOTHERBOARD.
IF THE IMPORTER CAN IDENTIFY THE NAMES OF THE VARIOUS KOREAN DRAM
MANUFACTURERS WHICH PRODUCED THE MEGABITS
CONTAINED IN THE
MODULE, BUT IS UNABLE OR UNWILLING TO
IDENTIFY THE AMOUNT OF
MEGABITS PRODUCED BY EACH OF THE VARIOUS KOREAN DRAM
MANUFACTURERS WITHIN THE MODULE, THE HIGHEST PER MEGABIT RATE
LISTED IN PARAGRAPH 7 BELOW CALCULATED FOR ANY OF THE KOREAN
MANUFACTURERS WHOSE
DRAMS ARE INCLUDED IN THE MODULE SHALL BE
APPLIED TO THE TOTAL MEGABITS CONTAINED IN THE MODULE.
6.FOR PURPOSES OF CASH DEPOSITS OR BONDS BASED ON PER MEGABIT
AMOUNTS UNDER ITEM 2 ABOVE, THE PER MEGABIT DEPOSIT RATES TO BE
APPLIED TO THE AMOUNT OF MEGABITS CONTAINED IN MIXED MODULES ARE
AS FOLLOWS:
MFR/PRODUCER
CUSTOMS ID
WEIGHTED-AVERAGE
PER MEGABIT RATE
HYUNDAI ELECTRONICS INDUSTRIES
CO. LTD. (HYUNDAI)
(A-433-212-002)
.03
LG SEMICON CO. LTD. (LGS)
(A-433-212-001)
.03
G5 CORPORATION
(A-433-212-006)
.03
(IN US DOLLARS)
HYUNDAI ELECTRONICS INDUSTRIES
CO. LTD. (HYUNDAI)
(A-423-212-002)
.03
LG SEMICON CO. LTD. (LGS)
(A-423-212-001)
.03
G5 CORPORATION
(A-423-212-006)
.03
(IN US DOLLARS)
HYUNDAI ELECTRONICS INDUSTRIES
CO. LTD. (HYUNDAI)
(A-487-212-002)
.03
LG SEMICON CO. LTD. (LGS)
(A-487-212-001)
.03
G5 CORPORATION
(A-487-212-006)
.03
(IN US DOLLARS)
HYUNDAI ELECTRONICS INDUSTRIES
CO. LTD. (HYUNDAI)
(A-427-212-002)
.03
LG SEMICON CO. LTD. (LGS)
(A-427-212-001)
.03
G5 CORPORATION
(A-427-212-006)
.03
(IN US DOLLARS)
HYUNDAI ELECTRONICS INDUSTRIES
CO. LTD. (HYUNDAI)
(A-428-212-002)
.03
LG SEMICON CO. LTD. (LGS)
(A-428-212-001)
.03
G5 CORPORATION
(A-428-212-006)
.03
(IN US DOLLARS)
HYUNDAI ELECTRONICS INDUSTRIES
CO. LTD. (HYUNDAI)
(A-419-212-002)
.03
LG SEMICON CO. LTD. (LGS)
(A-419-212-001)
.03
G5 CORPORATION
(A-419-212-006)
.03
(IN US DOLLARS)
7.THESE CASH DEPOSIT REQUIREMENTS WILL REMAIN IN EFFECT UNTIL
PUBLICATION OF THE FINAL RESULTS FOR THE NEXT ADMINISTRATIVE
REVIEW.
DO NOT LIQUIDATE ANY ENTRIES COVERED BY THIS REVIEW
UNTIL YOU HAVE RECEIVED LIQUIDATION INSTRUCTIONS.
8.IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CUSTOMS
OFFICERS, PLEASE CONTACT VIA E-MAIL, THROUGH THE APPROPRIATE
SUPERVISORY CHANNELS, OTHER GOVERNMENT AGENCY LIAISON, USING
THE ATTRIBUTE "HQ OAB."
THE IMPORTING PUBLIC AND OTHER
INTERESTED PARTIES SHOULD CONTACT JOHN CONNIFF AT
202-482-1009, OF AD/CVD ENFORCEMENT, IMPORT
ADMINISTRATION, INTERNATIONAL TRADE ADMINISTRATION,
DEPARTMENT OF COMMERCE.
9.THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS
INFORMATION.
PAUL SCHWARTZ