CORRECTION OF MESSAGE 0056204 ON 02/25/2000

MESSAGE NO: 0088202 DATE: 03 28 2000 CATEGORY: ADA TYPE: COR REFERENCE: 0056204 REFERENCE DATE: 02 25 2000 CASES: A - 602 - 212 A - 570 - 212 A - 582 - 212 A - 533 - 212 A - 588 - 212 A - 565 - 212 PERIOD COVERED: 12 14 1999 TO LIQ SUSPENSION DATE: TO: DIRECTORS OF FIELD OPERATIONS PORT DIRECTORS FROM: DIRECTOR, TRADE ENFORCEMENT & CONTROL RE: CORRECTION OF MESSAGE 0056204 ON 02/25/2000 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 AUSTRALIA (A-602- 212), THE PEOPLE'S REPUBLIC OF CHINA (A-570-212), HONG KONG (A- 582-212), INDIA (A-533-212), JAPAN (A-588-212) AND PHILIPPINES (A-565-212) FOR THE PERIOD 05/01/1997 THROUGH 04/30/1998. THIS IS A CORRECTION OF MESSAGE 0056204 ON 02/25/2000 IN PARAGRAPH 4, SUBPARAGRAPHS 7, 8 AND 10. 2.FOR SHIPMENTS OF DRAMS FROM THE REPUBLIC OF KOREA ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON OR AFTER 12/14/1999, A CASH DEPOSIT IS REQUIRED FOR THE FOLLOWING MANUFACTURERS/EXPORTERS: AUSTRALIA: HYUNDAI ELECTRONICS INDUSTRIES CO. LTD. (HYUNDAI) (A-602-212-002) 10.44% LG SEMICON CO. LTD. (LGS) (A-602-212-001) 10.44% G5 CORPORATION (A-602-212-006) 10.44% ALL OTHERS RATE (A-602-212-000) 4.55% THE PRC: HYUNDAI ELECTRONICS INDUSTRIES CO. LTD. (HYUNDAI) (A-570-212-002) 10.44% LG SEMICON CO. LTD. (LGS) (A-570-212-001) 10.44% G5 CORPORATION (A-570-212-006) 10.44% ALL OTHERS RATE (A-570-212-000) 4.55% HONG KONG: HYUNDAI ELECTRONICS INDUSTRIES CO. LTD. (HYUNDAI) (A-582-212-002) 10.44% LG SEMICON CO. LTD. (LGS) (A-582-212-001) 10.44% G5 CORPORATION (A-582-212-006) 10.44% ALL OTHERS RATE (A-582-212-000) 4.55% INDIA: HYUNDAI ELECTRONICS INDUSTRIES CO. LTD. (HYUNDAI) (A-533-212-002) 10.44% LG SEMICON CO. LTD. (LGS) (A-533-212-001) 10.44% G5 CORPORATION (A-533-212-006) 10.44% ALL OTHERS RATE (A-533-212-000) 4.55% JAPAN: HYUNDAI ELECTRONICS INDUSTRIES CO. LTD. (HYUNDAI) (A-588-212-002) 10.44% LG SEMICON CO. LTD. (LGS) (A-588-212-001) 10.44% G5 CORPORATION (A-588-212-006) 10.44% ALL OTHERS RATE (A-588-212-000) 4.55% PHILIPPINES: HYUNDAI ELECTRONICS INDUSTRIES CO. LTD. (HYUNDAI) (A-565-212-002) 10.44% LG SEMICON CO. LTD. (LGS) (A-565-212-001) 10.44% G5 CORPORATION (A-565-212-006) 10.44% ALL OTHERS RATE (A-565-212-000) 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 6. 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 6 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 6 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-602-212-002) .03 LG SEMICON CO. LTD. (LGS) (A-602-212-001) .03 G5 CORPORATION (A-602-212-006) .03 (IN US DOLLARS) HYUNDAI ELECTRONICS INDUSTRIES CO. LTD. (HYUNDAI) (A-570-212-002) .03 LG SEMICON CO. LTD. (LGS) (A-570-212-001) .03 G5 CORPORATION (A-570-212-006) .03 (IN US DOLLARS) HYUNDAI ELECTRONICS INDUSTRIES CO. LTD. (HYUNDAI) (A-582-212-002) .03 LG SEMICON CO. LTD. (LGS) (A-582-212-001) .03 G5 CORPORATION (A-582-212-006) .03 (IN US DOLLARS) HYUNDAI ELECTRONICS INDUSTRIES CO. LTD. (HYUNDAI) (A-533-212-002) .03 LG SEMICON CO. LTD. (LGS) (A-533-212-001) .03 G5 CORPORATION (A-533-212-006) .03 (IN US DOLLARS) HYUNDAI ELECTRONICS INDUSTRIES CO. LTD. (HYUNDAI) (A-588-212-002) .03 LG SEMICON CO. LTD. (LGS) (A-588-212-001) .03 G5 CORPORATION (A-588-212-006) .03 (IN US DOLLARS) HYUNDAI ELECTRONICS INDUSTRIES CO. LTD. (HYUNDAI) (A-565-212-002) .03 LG SEMICON CO. LTD. (LGS) (A-565-212-001) .03 G5 CORPORATION (A-565-212-006) .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