LIQ-INST FOR DRAMS FROM KR, PROD BY HYUNDAI ELECTRONICS INDUSTRIES CO. LTD. (HYUNDAI) AND EXPORTED FROM THE COS CH-TH-GB FOR PERIOD 5/1/94 THROUGH 4/30/95

MESSAGE NO: 8098119 DATE: 04 08 1998 CATEGORY: ADA TYPE: LIQ REFERENCE: REFERENCE DATE: CASES: A - 441 - 212 A - 549 - 212 A - 412 - 212 - - - - - - PERIOD COVERED: 05 01 1994 TO 04 30 1995 LIQ SUSPENSION DATE: TO: CMC DIRECTORS, PORT DIRECTORS FROM: DIRECTOR, IMPORT OPERATIONS RE: LIQ-INST FOR DRAMS FROM KR, PROD BY HYUNDAI ELECTRONICS INDUSTRIES CO. LTD. (HYUNDAI) AND EXPORTED FROM THE COS CH-TH-GB FOR PERIOD 5/1/94 THROUGH 4/30/95 1. FOR ALL SHIPMENTS OF DYNAMIC RANDOM ACCESS MEMORY SEMICONDUCTORS (DRAMS) FROM THE REPUBLIC OF KOREA PRODUCED BYHYUNDAI ELECTRONICS INDUSTRIES, CO., LTD. (HYUNDAI), ENTERED OR WITHDRAWN FROM WAREHOUSE FOR CONSUMPTION DURING THE PERIOD 05/01/94 THROUGH 04/30/95, ASSESS AN ANTIDUMPING LIABILITY OF 0.09 PERCENT OF THE ENTEREDVALUE. FOR THOSE ENTRIES OF SUBJECT MERCHANDISE WHICH REQUIRED A CASH DEPOSIT BASED UPON PER-MEGABIT RATES, PRODUCED BYHYUNDAI ELECTRONICS INDUSTRIES, CO., LTD. (HYUNDAI), ENTERED OR WITHDRAWN FROM WAREHOUSE FOR CONSUMPTION DURING THE PERIOD 05/01/94 THROUGH 04/30/95, ASSESS AN ANTIDUMPING LIABILITY OF $0.0026 PER MEGABIT. 2. THESE INSTRUCTIONS CONSTITUTE THE IMMEDIATE LIFTING OF SUSPENSION OF LIQUIDATION OF ENTRY SUMMARIES FOR THE MERCHANDISE AND PERIOD LISTED ABOVE. YOU SHALL CONTINUE TO SUSPEND ENTRIES OF DRAMS PRODUCED BY HYUNDAI AT A CASH DEPOSIT RATE OF ZERO PERCENT. 3. THE ASSESSMENT OF ANTIDUMPING DUTIES BY THE CUSTOMS SERVICE ON ENTRIES OF THIS MERCHANDISE IS SUBJECT TO THE PROVISIONS OF SECTION 778 OF THE TARIFF ACT OF 1930. SECTION 778 REQUIRES THAT CUSTOMS PAY INTEREST ON OVERPAYMENTS, OR ASSESS INTEREST ON UNDER PAYMENTS, OF THE REQUIRED AMOUNTS DEPOSITED AS ESTIMATED ANTIDUMPING DUTIES. THE INTEREST PROVISIONS ARE NOT APPLICABLE TO CASH OR BONDS POSTED AS ESTIMATED ANTIDUMPING DUTIES BEFORE THE DATE OF PUBLICATION OF THE ANTIDUMPING DUTY ORDER. INTEREST SHALL BE CALCULATED FROM THE DATE PAYMENT OF ESTIMATED ANTIDUMPING DUTIES IS REQUIRED 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. 4. UPON ASSESSMENT OF ANTIDUMPING DUTIES, CUSTOMS SHOULD REQUIRE THAT THE IMPORTER PROVIDE A REIMBURSEMENT STATEMENT AS DESCRIBED IN SECTION 353.26 OF THE COMMERCE DEPARTMENT REGULATIONS. THE IMPORTER SHOULD PROVIDE THE REIMBURSEMENT STATEMENT PRIOR TO LIQUIDATION OF THE ENTRY. IF THE IMPORTER HAS BEEN REIMBURSED ANTIDUMPING DUTIES CUSTOMS SHOULD DOUBLE THE ANTIDUMPING DUTIES IN ACCORDANCE WITH THE ABOVE-REFERENCED REGULATION. ADDITIONALLY, IF THE IMPORTER FAILS TO RESPOND TO YOUR FORMAL REQUEST (VIA CF 28 OR 29) FOR THE REIMBURSEMENT STATEMENT PRIOR TO LIQUIDATION, CUSTOMS SHOULD PRESUME REIMBURSEMENT AND DOUBLE THE ANTIDUMPING DUTIES DUE. 5. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CUSTOMSOFFICERS, PLEASE CONTACT VIA E-MAIL, THROUGH THE APPROPRIATE SUPERVISORY CHANNELS, IMPORT OPERATIONS, ANTIDUMPING/COUNTERVAILING DUTY USING THE ATTRIBUTE "HQ OAB." IMPORTING PUBLIC AND INTERESTED PARTIES SHOULD CONTACT ROBERT BLANKENBAKER AT 202-482-0989, AD/CVD ENFORCEMENT, IMPORT ADMINISTRATION, INTERNATIONAL TRADE ADMINISTRATION, DEPARTMENT OF COMMERCE. 6. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION. PAUL SCHWARTZ DIRECTOR