MESSAGE NO: 3152111 DATE: 06 04 1993
CATEGORY: ADA TYPE: FIN
REFERENCE: REFERENCE DATE:
CASES: A - 580 - 812 - -
- - - -
- - - -

PERIOD COVERED: 05 10 1993 TO

LIQ SUSPENSION DATE:

TO: REGIONAL DIRECTORS, COMMERCIAL OPERATIONS
DISTRICT DIRECTORS, AREA AND PORT DIRECTORS

FROM: DIRECTOR, IMPORT SPECIALIST DIVISION

RE: FINAL DETERMINATION IN THE ANTIDUMPING DUTY INVESTIGATION
OF DYNAMIC RANDOM ACCESS MEMORY SEMICONDUCTORS (DRAMS) OF
ONE MEGABIT AND ABOVE FROM THE REPUBLIC OF KOREA

CORRECTION AND CLARIFICATION:
THIS E-MAIL CORRECTS, CLARIFIES, AND SUPERSEDES THE DEPARTMENT OF
COMMERCE E-MAIL DIRECTIVE OF MAY 24, 1993. IN ITEM 9 OF THE MAY
24, 1993, E-MAIL, THE DEPARTMENT MISTAKENLY ADVISED CUSTOMS
OFFICERS ON SITUATIONS REQUIRING CASH DEPOSITS OF ESTIMATED
DUTIES FOR DYNAMIC RANDOM ACCESS MEMORY SEMICONDUCTORS OF ONE
MEGABIT AND ABOVE, MODULES, AND MEMORY BOARDS BASED ON PER
MEGABIT AMOUNTS. THIS E-MAIL CORRECTLY ADVISES CUSTOMS OFFICERS
WHEN TO COLLECT CASH DEPOSITS BASED ON PER MEGABIT AMOUNTS. THE
E-MAIL ALSO CLARIFIES OTHER PARTS OF THE MAY 24, 1993, ISSUANCE.

1. BACKGROUND:
THE DEPARTMENT OF COMMERCE PUBLISHED IN THE FEDERAL REGISTER ON
MAY 10, 1993, THE NOTICE OF ITS ANTIDUMPING ORDER AND AMENDED
FINAL DETERMINATION THAT DYNAMIC RANDOM ACCESS MEMORY
SEMICONDUCTORS OF ONE MEGABIT AND ABOVE FROM THE REPUBLIC OF
KOREA ARE BEING, OR ARE LIKELY TO BE, SOLD IN THE UNITED STATES
AT LESS THAN FAIR VALUE.

2. PRODUCT DESCRIPTION:
THE PRODUCTS COVERED BY THIS INVESTIGATION ARE DYNAMIC RANDOM
ACCESS MEMORY SEMICONDUCTORS OF ONE MEGABIT AND ABOVE (DRAMS)
FROM THE REPUBLIC OF KOREA. FOR PURPOSES OF THIS INVESTIGATION,
DRAMS ARE ALL ONE MEGABIT AND ABOVE DYNAMIC RANDOM ACCESS MEMORY
SEMICONDUCTORS, WHETHER ASSEMBLED OR UNASSEMBLED. ASSEMBLED
DRAMS INCLUDE ALL PACKAGE TYPES. UNASSEMBLED DRAMS INCLUDE
PROCESSED WAFERS, UNCUT DIE AND CUT DIE. PROCESSED WAFERS
PRODUCED IN KOREA BUT PACKAGED, OR ASSEMBLED INTO MEMORY MODULES,
IN A THIRD COUNTRY ARE INCLUDED IN THE SCOPE; HOWEVER, WAFERS
PRODUCED IN A THIRD COUNTRY AND ASSEMBLED OR PACKAGED IN KOREA
ARE NOT INCLUDED IN THE SCOPE.

THE SCOPE OF THIS INVESTIGATION INCLUDES MEMORY MODULES. A
MEMORY MODULE IS A COLLECTION OF DRAMS, THE SOLE FUNCTION OF
WHICH IS MEMORY. MODULES INCLUDE SINGLE IN-LINE PROCESSING
MODULES (SIPS), SINGLE IN-LINE MEMORY MODULES (SIMMS), OR OTHER
COLLECTIONS OF DRAMS WHETHER UNMOUNTED OR MOUNTED ON A CIRCUIT
BOARD. MODULES THAT CONTAIN OTHER PARTS THAT ARE NEEDED TO
SUPPORT THE FUNCTION OF MEMORY ARE COVERED. THOSE MODULES WHICH
CONTAIN ADDITIONAL ITEMS WHICH ALTER THE FUNCTION OF THE MODULE
TO SOMETHING OTHER THAN MEMORY, SUCH AS VIDEO GRAPHICS ADAPTER
(VGA) BOARDS AND CARDS, ARE NOT INCLUDED IN THE SCOPE. THE SCOPE
OF THIS INVESTIGATION ALSO INCLUDES VIDEO RANDOM ACCESS MEMORY
(VRAMS), AS WELL AS ANY FUTURE PACKAGING AND ASSEMBLING OF DRAMS.
THE SCOPE OF THIS INVESTIGATION DOES NOT INCLUDE DRAMS OR MEMORY
MODULES THAT ARE REIMPORTED FOR REPAIR OR REPLACEMENT.

3. HTSUS CLASSIFICATION:
THE DRAMS, MEMORY MODULES, AND MEMORY BOARDS SUBJECT TO THIS
INVESTIGATIGATION ARE CLASSIFIABLE UNDER SUBHEADINGS
8473.30.4000, 8542.11.0001, 8542.11.0024, 8542.11.0026 AND
8542.11.0034 OF THE HTSUS. ALSO INCLUDED IN THE SCOPE ARE THOSE
REMOVABLE KOREAN DRAMS CONTAINED ON OR WITHIN MOTHERBOARDS
CLASSIFIABLE UNDER SUBHEADINGS 8471.91.0090 AND 8473.30.4000 OF
THE HTSUS. A REMOVABLE DRAM IS "NOT PHYSICALLY INTERGRATED WITH
THE OTHER COMPONENTS" OF A MOTHERBOARD (58 FR 15467, MARCH 23,
1993, AND MARCH 15, 1993 MEMORANDUM FROM ACTING DEPUTY ASSISTANT
SECRETARY MORELAND TO ACTING ASSISTANT SECRETARY SPETRINI).
ALTHOUGH THE HTSUS SUBHEADINGS ARE PROVIDED FOR CONVENIENCE AND
CUSTOMS PURPOSES, THE WRITTEN DESCRIPTION OF THE SCOPE OF THIS
INVESTIGATION IS DISPOSITIVE.

4. DIRECT SHIPMENTS FROM KOREA AND MERE TRANSSHIPMENTS THROUGH
THIRD COUNTRIES:
FOR DIRECT SHIPMENTS AND MERE TRANSSHIPMENTS THROUGH THIRD
COUNTRIES OF KOREAN DRAMS, MEMORY MODULES AND MEMORY BOARDS,
PRODUCED BY A SINGLE MANUFACTURER, THE CUSTOMS SERVICE SHALL
CONTINUE TO SUSPEND LIQUIDATION OF SUCH PRODUCTS THAT ARE ENTERED
OR WITHDRAWN FROM WAREHOUSE ON OR AFTER OCTOBER 29, 1992, AND
SHALL REQUIRE A CASH DEPOSIT ON ENTRIES FILED ON OR AFTER MAY 10,
1993. THE CUSTOMS SERVICE SHALL REQUIRE THIS DEPOSIT USING THE
ESTIMATED FINAL MARGIN PERCENTAGES LISTED BELOW:
MANUFACTURER/PRODUCER/ IDENTIFICATION WEIGHTED-AVERAGE
EXPORTER NUMBER MARGIN PERCENTAGE
(AD VALOREM)

GOLDSTAR ELECTRON CO., LTD.
GOLDSTAR ELECTRON AMERICA A-580-812-001 4.97

HYUNDAI ELECTRONICS CO., LTD.
HYUNDAI ELECTRONICS AMERICA A-580-812-002 11.16

SAMSUNG ELECTRONICS CO., LTD.
SAMSUNG SEMICONDUCTOR, INC. A-580-812-003 0.82

ALL OTHERS A-580-812-000 3.85

THE SCOPE OF THIS INVESTIGATION ALSO INCLUDES KOREAN REMOVABLE
MEMORY MODULES PLACED ON MOTHERBOARDS FROM KOREA, WITH OR WITHOUT
A CPU, (HARMONIZED TARIFF SCHEDULE OF THE UNITED STATES (HTSUS)
SUBHEADINGS 8471.91.0090 AND 8473.30.4000, RESPECTIVELY). FOR
DIRECT IMPORTS AND MERE TRANSSHIPMENTS THROUGH THIRD COUNTRIESOF
KOREAN REMOVABLE MEMORY MODULES PLACED ON MOTHERBOARDS, WITH OR
WITHOUT A CPU, THE IMPORTER OF MOTHERBOARDS MAY CERTIFY WITH THE
CUSTOMS SERVICE THAT NEITHER IT, NOR A PARTY RELATED TO IT, WILL
REMOVE THE MODULES FROM THE MOTHERBOARDS AFTER IMPORTATION. IN
THAT CASE NO SUSPENSION OF LIQUIDATION IS REQUIRED.

FOR NO SUSPENSION OF LIQUIDATION TO BE REQUIRED, AN OFFICIAL OF
THE COMPANY IMPORTING THE MOTHERBOARDS MUST CERTIFY THE
FOLLOWING:

THIS SHIPMENT INCLUDES REMOVABLE MEMORY MODULES CONTAINING
KOREAN DRAMS AND PLACED ON MOTHERBOARDS. I, HEREBY, CERTIFY THAT
I AM AN OFFICIAL OF (THE 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 BE REMOVED BY EITHER (THE COMPANY IMPORTING
THE MOTHERBOARDS), OR ANY PARTY RELATED TO IT, FOR SALE OR
EQUIVALENT COMMERCIAL TRANSACTION SEPARATE FROM THE MOTHERBOARDS.
I FURTHER CERTIFY THAT THE 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 PER MEGABIT DEPOSIT ON THE AMOUNT OF KOREAN
MEGABITS WITHIN THE REMOVABLE MEMORY MODULES IN THE MOTHERBOARD
AS DESCRIBED IN ITEM 10 BELOW. IF THIS OCCURS, THE IMPORTER WILL
BE REQUIRED TO IDENTIFY THE AMOUNT AND MANUFACTURER OF KOREAN
MEGABITS CONTAINED IN THE REMOVABLE MEMORY MODULES IN THE
MOTHERBOARD. IF THE IMPORTER DOES NOT IDENTIFY THE MANUFACTURER
OF THE MEGABITS CONTAINED IN THE REMOVABLE MEMORY MODULE, BUT CAN
IDENTIFY THE TOTAL AMOUNT OF MEGABITS WITHIN THE REMOVABLE MEMORY
MODULE IN THE MOTHERBOARD, THE HIGHEST PER MEGABIT DEPOSIT
CALCULATED FOR ANY COMPANY LISTED IN ITEM 10 BELOW WILL BE
APPLIED TO ALL THE MEGABITS CONTAINED IN THE REMOVABLE MEMORY
MODULES IN THE MOTHERBOARD.

IF THE IMPORTER IS UNABLE OR UNWILLING TO IDENTIFY THE TOTAL
AMOUNT OF KOREAN MEGABITS WITHIN REMOVABLE MEMORY MODULES IN THE
MOTHERBOARD, THE COMPANY-SPECIFIC MARGIN PERCENTAGE LISTED ABOVE
WILL BE APPLIED TO THE TOTAL ENTERED VALUE OF THE MOTHERBOARD.

WHERE DIRECT IMPORTS OF MEMORY MODULES, MEMORY BOARDS, OR
REMOVABLE MEMORY MODULES PLACED ON MOTHERBOARDS CONTAIN DRAMS
FROM TWO OR MORE MANUFACTURERS, IMPORTER/FILERS SHOULD CONTACT
THE DEPARTMENT OF COMMERCE FOR CASH DEPOSIT INSTRUCTIONS (SEE
ITEM 11 BELOW FOR DEPARTMENT OF COMMERCE TELEPHONE NUMBER).
IMPORTERS/FILERS SHOULD HAVE THE FOLLOWING INFORMATION
AVAILABLE WHEN CONTACTING THE DEPARTMENT OF COMMERCE:
MANUFACTURERS' NAMES, IMPORTER'S NAME, HTSUS SUBHEADING, PRODUCT
DESCRIPTION, ENTERED VALUE, TOTAL AMOUNT OF MEGABITS FOR EACH
MANUFACTURER, WHETHER ALL DRAMS ARE KOREAN AND THE DATE OF ENTRY.
IT IS RECOMMENDED THAT IMPORTERS/FILERS NOTE ON THE ENTRY
SUMMARY, THE NAME OF THE PERSON AT THE DEPARTMENT OF COMMERCE
THAT PROVIDED THE CASH DEPOSIT INSTRUCTIONS.

5. INDIRECT SHIPMENT OF DRAMS:
IN ADDITION TO THE DIRECT SHIPMENT OF DRAMS FROM KOREA, THE SCOPE
OF THIS INVESTIGATION INCLUDES DRAMS PACKAGED AND ASSEMBLED IN
ALL COUNTRIES WHICH CONTAIN WAFERS, UNCUT DIE AND CUT DIE FROM
KOREA. FOR A LIST OF POSSIBLE THIRD COUNTRIES, REFER TO ITEM 9,
WHICH IS FOR CUSTOMS PURPOSES AND IS NOT EXHAUSTIVE. FOR THESE
INDIRECT SHIPMENTS, THE IMPORTER OF THE DRAMS MAY CERTIFY WITH
THE CUSTOMS SERVICE THAT THE DRAMS DO NOT CONTAIN ANY KOREAN
WAFERS, UNCUT DIE OR CUT DIE, IN WHICH CASE NO SUSPENSION OF
LIQUIDATION IS REQUIRED.

FOR NO SUSPENSION OF LIQUIDATION TO BE REQUIRED, AN OFFICIAL OF
THE COMPANY IMPORTING THE DRAMS MUST CERTIFY THE FOLLOWING:

I, HEREBY, CERTIFY THAT I AM AN OFFICIAL OF (COMPANY
IMPORTING DRAMS), THAT I HAVE KNOWLEDGE OF THE FACTS REGARDING
THE IMPORTATION OF THESE DRAMS, AND THAT THESE DRAMS DO NOT
CONTAIN WAFERS, UNCUT DIE OR CUT DIE FROM KOREA.
AGENTS OF THE IMPORTER, SUCH AS BROKERS, ARE NOT PERMITTED TO
MAKE SUCH A CERTIFICATION. UNLESS THE COMPANY IMPORTING THE
DRAMS MAKES SUCH A CERTIFICATION, THE CUSTOMS SERVICE SHALL
REQUIRE A PER MEGABIT DEPOSIT AS DESCRIBED IN ITEM 10 BELOW. IF
THIS OCCURS, THE IMPORTER WILL BE REQUIRED TO SUBMIT A LIST
IDENTIFYING: 1) THE AMOUNT OF KOREAN MEGABITS; 2) THE NAMES OF
THE VARIOUS KOREAN DRAM MANUFACTURERS WHICH PRODUCED THE
MEGABITS; AND 3) THE AMOUNT OF KOREAN MEGABITS PRODUCED BY EACH
OF THESE KOREAN DRAM MANUFACTURERS.

IF THE IMPORTER IS UNABLE OR UNWILLING TO IDENTIFY THE AMOUNT OF
MEGABITS PRODUCED BY THE VARIOUS KOREAN DRAM MANUFACTURERS, THE
HIGHEST PERCENTAGE MARGIN DEPOSIT CALCULATED FOR ANY COMPANY
LISTED IN ITEM 4 ABOVE WILL BE APPLIED TO THE TOTAL ENTERED VALUE
OF THE PRODUCT.

6. INDIRECT SHIPMENTS OF MEMORY MODULES:
THE SCOPE OF THIS INVESTIGATION ALSO INCLUDES MEMORY MODULES FROM
ALL COUNTRIES WHICH CONTAIN KOREAN DRAMS, UNLESS THE IMPORTER OF
THE MEMORY MODULES CERTIFIES WITH THE CUSTOMS SERVICE THAT THE
MEMORY MODULES DO NOT CONTAIN ANY KOREAN DRAMS. FOR A LIST OF
POSSIBLE THIRD COUNTRIES, REFER TO ITEM 9, WHICH IS FOR CUSTOMS
PURPOSES AND IS NOT EXHAUSTIVE. AS WITH 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 IS REQUIRED.

FOR NO SUSPENSION OF LIQUIDATION 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 PER MEGABIT DEPOSIT ON THE AMOUNT OF KOREAN
MEGABITS WITHIN A MODULE AS DESCRIBED IN ITEM 10 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 MODULE WHICH WERE
PRODUCED BY EACH OF THESE KOREAN DRAM MANUFACTURERS.

IF THE IMPORTER IS UNABLE OR UNWILLING TO IDENTIFY THE AMOUNT OF
MEGABITS PRODUCED BY THE VARIOUS KOREAN DRAM MANUFACTURERS WITHIN
THE MODULE, BUT CAN IDENTIFY THE TOTAL AMOUNT OF KOREAN MEGABITS
WITHIN THE MODULE, THE HIGHEST PER MEGABIT DEPOSIT CALCULATED FOR
ANY COMPANY LISTED IN ITEM 10 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 PERCENTAGE MARGIN CALCULATED FOR
ANY KOREAN DRAM MANUFACTURER LISTED IN ITEM 4 ABOVE WILL BE
APPLIED TO THE TOTAL ENTERED VALUE OF THE MODULE.

7. INDIRECT SHIPMENTS OF MEMORY BOARDS:
THE SCOPE OF THIS INVESTIGATION ALSO INCLUDES MEMORY BOARDS FROM
ALL COUNTRIES WHICH CONTAIN KOREAN DRAMS. FOR A LIST OF POSSIBLE
THIRD COUNTRIES, REFER TO ITEM 9, WHICH IS FOR CUSTOMS PURPOSES
AND IS NOT EXHAUSTIVE. FOR THESE INDIRECT SHIPMENTS, THE
IMPORTER OF THE MEMORY BOARDS MAY CERTIFY WITH THE CUSTOMS
SERVICE THAT THE MEMORY BOARDS DO NOT CONTAIN ANY KOREAN DRAMS,
IN WHICH CASE NO SUSPENSION OF LIQUIDATION IS REQUIRED.

FOR NO SUSPENSION OF LIQUIDATION TO BE REQUIRED, AN OFFICIAL OF
THE COMPANY IMPORTING THE MEMORY BOARDS MUST CERTIFY THE
FOLLOWING:

I, HEREBY, CERTIFY THAT I AM AN OFFICIAL OF (COMPANY
IMPORTING MEMORY BOARDS), THAT I HAVE KNOWLEDGE OF THE FACTS
REGARDING THE IMPORTATION OF THESE MEMORY BOARDS, AND THAT THESE
MEMORY BOARDS 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 BOARDS MAKES SUCH A CERTIFICATION, THE CUSTOMS SERVICE
SHALL REQUIRE A PER MEGABIT DEPOSIT ON THE AMOUNT OF KOREAN
MEGABITS WITHIN THE MEMORY BOARD AS DESCRIBED IN ITEM 10 BELOW.
IF THIS OCCURS, THE IMPORTER WILL BE REQUIRED TO SUBMIT A LIST
IDENTIFYING: 1) THE AMOUNT OF KOREAN MEGABITS CONTAINED IN THE
MEMORY BOARD; 2) THE NAMES OF THE VARIOUS KOREAN DRAM
MANUFACTURERS WHICH PRODUCED THE MEBABITS CONTAINED IN THE MEMORY
BOARD; AND 3) THE AMOUNT OF KOREAN MEBABITS CONTAINED IN THE
MEMORY BOARD WHICH WERE PRODUCED BY EACH OF THESE KOREAN DRAM
MANUFACTURERS.

IF THE IMPORTER IS UNABLE OR UNWILLING TO IDENTIFY THE AMOUNT OF
MEGABITS PRODUCED BY THE VARIOUS KOREAN DRAM MANUFACTURERS WITHIN
THE MEMORY BOARD, BUT CAN IDENTIFY THE TOTAL AMOUNT OF KOREAN
MEGABITS WITHIN THE MEMORY BOARD, THE HIGHEST PER MEBABIT DEPOSIT
CALCULATED FOR ANY COMPANY LISTED IN ITEM 10 BELOW WILL BE
APPLIED TO ALL KOREAN MEGABITS CONTAINED IN THE MEMORY BOARD.
IF THE IMPORTER IS UNABLE OR UNWILLING TO IDENTIFY THE TOTAL
AMOUNTOF KOREAN MEGABITS WITHIN THE MEMORY BOARD, INCLUDING
MODULES CONTAINING MEGABITS WITH MIXED COUNTRIES OF ORIGIN, THE
HIGHESTPERCENTAGE MARGIN CALCULATED FOR ANY KOREAN DRAM
MANUFACTURER LISTED IN ITEM 4 ABOVE WILL BE APPLIED TO THE TOTAL
ENTERED VALUEOF THE MEMORY BOARD.

8. INDIRECT SHIPMENTS OF REMOVABLE MEMORY MODULES IN
MOTHERBOARDS:
IN ADDITION TO THE DIRECT SHIPMENT OF REMOVABLE MEMORY MODULES
FROM KOREA PLACED ON MOTHERBOARDS, THE SCOPE OF THIS
INVESTIGATION ALSO INCLUDES KOREAN REMOVABLE MEMORY MODULES
PLACED ON MOTHERBOARDS FROM ALL COUNTRIES, WITH OR WITHOUT A CPU,
(HARMONIZED TARIFF SCHEDULE OF THE UNITED STATES (HTSUS)
SUBHEADINGS 8471.91.0090 AND 8473.30.4000, RESPECTIVELY). FOR A
LIST OF POSSIBLE THIRD COUNTRIES, REFER TO ITEM 9, WHICH IS FOR
CUSTOMS PURPOSES AND IS NOT EXHAUSTIVE. FOR THESE INDIRECT
SHIPMENTS, THE IMPORTER OF MOTHERBOARDS 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
MOTHERBOARDS AFTER IMPORTATION. IN THAT CASE, NO SUSPENSION OF
LIQUIDATION IS REQUIRED.

FOR NO SUSPENSION OF LIQUIDATION TO BE REQUIRED, AN OFFICIAL OF
THE COMPANY IMPORTING THE MOTHERBOARDS MUST CERTIFY THE
FOLLOWING:

THIS SHIPMENT INCLUDES REMOVABLE MEMORY MODULES CONTAINING
KOREAN DRAMS AND PLACED ON MOTHERBOARDS. I, HEREBY, CERTIFY THAT
I AM AN OFFICIAL OF (THE 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 BE REMOVED BY EITHER (THE COMPANY IMPORTING
THE MOTHERBOARDS), OR ANY PARTY RELATED TO IT, FOR SALE OR
EQUIVALENT COMMERCIAL TRANSACTION SEPARATE FROM THE MOTHERBOARDS.
I FURTHER CERTIFY THAT THE 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 PER MEGABIT DEPOSIT ON THE AMOUNT OF KOREAN
MEGABITS WITHIN REMOVABLE MEMORY MODULES IN THE MOTHERBOARD AS
DESCRIBED IN ITEM 10 BELOW. IF THIS OCCURS, THE IMPORTER WILL BE
REQUIRED TO SUBMIT A LIST IDENTIFYING: 1) THE AMOUNT OF KOREAN
MEGABITS CONTAINED IN THE REMOVABLE MEMORY MODULES IN THE
MOTHERBOARD; 2) THE NAMES OF THE VARIOUS KOREAN DRAM
MANUFACTURERS WHICH PRODUCED THE MEGABITS CONTAINED IN THE
REMOVABLE MEMORY MODULES IN THE MOTHERBOARD; AND 3) THE AMOUNT OF
KOREAN MEGABITS CONTAINED IN THE REMOVABLE MEMORY MODULES IN THE
MOTHERBOARD WHICH WERE PRODUCED BY EACH OF THESE KOREAN DRAM
MANUFACTURERS.

IF THE IMPORTER IS UNABLE OR UNWILLING TO IDENTIFY THE AMOUNT OF
MEGABITS CONTAINED IN REMOVABLE MEMORY MODULES PRODUCED BY THE
VARIOUS KOREAN DRAM MANUFACTURERS WITHIN THE MOTHERBOARD, BUT CAN
IDENTIFY THE TOTAL AMOUNT OF KOREAN MEGABITS WITHIN THE REMOVABLE
MEMORY MODULES IN THE MOTHERBOARD, THE HIGHEST PER MEGABIT
DEPOSIT CALCULATED FOR ANY COMPANY LISTED IN ITEM 10 BELOW WILL
BE APPLIED TO ALL KOREAN MEGABITS CONTAINED IN REMOVABLE MEMORY
MODULES IN THE MOTHERBOARD. IF THE IMPORTER IS UNABLE OR
UNWILLING TO IDENTIFY THE TOTAL AMOUNT OF KOREAN MEGABITS WITHIN
THE REMOVABLE MEMORY MODULES IN THE MOTHERBOARD, INCLUDING
MODULES CONTAINING MEGABITS WITH MIXED COUNTRIES OF ORIGIN, THE
HIGHEST PERCENTAGE MARGIN CALCULATED FOR ANY KOREAN DRAM
MANUFACTURER LISTED IN ITEM 4 ABOVE WILL BE APPLIED TO THE TOTAL
ENTERED VALUE OF THE MOTHERBOARD.

9. FOR FURTHER REPORTING PURPOSES THIS CASE HAS BEEN ASSIGNED
THE FOLLOWING INVESTIGATION NUMBER: A-580-812. FOR CUSTOMS
PURPOSES, FOR ALL PRODUCTS CONTAINING KOREAN DRAMS FROM THIRD
COUNTRIES, THE FOLLOWING COUNTRIES HAVE BEEN ASSIGNED THEIR OWN
CASE NUMBER. THE FIRST THREE DIGITS REPRESENT THE COUNTRY IN
QUESTION, THE NEXT THREE DIGITS WILL BE 212, AND THE LAST THREE
DIGITS WILL BE THE SAME AS IN THE COMMERCE CASE FOR EACH
RESPECTIVE MANUFACTURER. THE FIRST SIX DIGITS ARE GIVEN BELOW:

ARGENTINA A-357-212
AUSTRALIA A-602-212
AUSTRIA A-433-212
BRAZIL A-351-212
CANADA A-122-212
CHINA, P.R.C. A-570-212
CHINA, TAIWAN A-583-212
FRANCE A-427-212
GERMANY A-428-212
HONG KONG A-582-212
IRELAND A-419-212
INDIA A-533-212
ISRAEL A-508-212
ITALY A-475-212
JAPAN A-588-212
MALAYSIA A-557-212
MEXICO A-201-212
NETHERLANDS A-421-212
PHILIPPINES A-565-212
SINGAPORE A-559-212

SWEDEN A-401-212
SWITZERLAND A-441-212
THAILAND A-549-212
UNITED KINGDOM A-412-212
ALL OTHERS IF AN IMPORT SPECIALIST SHOULD

BECOME AWARE OF SHIPMENTS WITHIN THE

SCOPE OF THE ANTIDUMPING

INVESTIGATION FROM THIRD COUNTRIES

NOT IN THE AD/CVD MODULE, THEY

SHOULD CONTACT CUSTOMS HEADQUARTERS
IMMEDIATELY. CUSTOMS HEADQUARTERS

SHOULD NOTIFY THE DEPARTMENT OF

COMMERCE ABOUT SUCH IMPORTS. SEE

ITEM 11.

THIS LIST IS FOR CONVENIENCE AND CUSTOMS PURPOSES AND MAY BE
AMENDED DEPENDING ON CHANGES IN PATTERNS OF TRADE. THIS LIST IS
10. FOR PURPOSES OF CASH DEPOSITS BASED ON PER MEGABIT AMOUNTS
UNDER ITEMS 4, 5, 6, 7, AND 8 ABOVE, THE PER MEGABIT DEPOSIT
RATES TO BE APPLIED TO THE AMOIUNT OF MEGABITS CONTAINED IN
CHIPS, MODULES, MEMORY BOARDS AND MOTHERBOARD ARE AS FOLLOWS:

MANUFACTURER/PRODUCER/ IDENTIFICATION PER MEGABIT AMOUNT
EXPORTER NUMBER IN U.S. DOLLARS

GOLDSTAR ELECTRON CO., LTD.
GOLDSTAR ELECTRON AMERICA A-580-812-001 $0.17

HYUNDAI ELECTRONICS CO., LTD.
HYUNDAI ELECTRONICS AMERICA A-580-812-002 $0.31

SAMSUNG ELECTRONICS CO., LTD.
SAMSUNG SEMICONDUCTOR, INC. A-580-812-003 $0.03

ALL OTHERS A-580-812-000 $0.12

NOTE AGAIN THAT THIS IS FOR CASH DEPOSIT PURPOSES ONLY, AND THAT
FINAL ASSESSMENT MAY BE VALUE-BASED. PLEASE REMIND IMPORTERS OF
THIS PERIODICALLY.
11. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CUSTOMS
OFFICERS, THEY SHOULD BE REFERRED TO THE IMPORT SPECIALIST
DIVISION, OTHER AGENCY BRANCH, CUSTOMS HEADQUARTERS VIA E-MAIL
ATTRIBUTE "HQ OAB". OTHER INTERESTED PARTIES SHOULD CONTACT JOHN
BECK, OFFICE OF ANTIDUMPING INVESTIGATIONS, IMPORT
ADMINISTRATION, INTERNATIONAL TRADE ADMINISTRATION, U.S.
DEPARTMENT OF COMMERCE, TELEPHONE (202) 482-3464.

THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.

NANCY MCTIERNAN