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					                                                2336                          Federal Register / Vol. 76, No. 9 / Thursday, January 13, 2011 / Notices

                                                Agreements Act, 74 FR 19527 (April 29,                  DEPARTMENT OF COMMERCE                                 Unassembled DRAMS include
                                                2009)). These deposit requirements,                                                                            processed wafers, uncut die, and cut
                                                when imposed, shall remain in effect                    International Trade Administration                     die. Processed wafers fabricated in the
                                                until further notice.                                   [C–580–851]                                            ROK, but assembled into finished
                                                                                                                                                               semiconductors outside the ROK are
                                                Notifications to Interested Parties                                                                            also included in the scope. Processed
                                                                                                        Dynamic Random Access Memory
                                                  This notice also serves as a final                    Semiconductors From the Republic of                    wafers fabricated outside the ROK and
                                                                                                        Korea: Final Results of Countervailing                 assembled into finished semiconductors
                                                reminder to importers of their
                                                                                                        Duty Administrative Review                             in the ROK are not included in the
                                                responsibility under 19 CFR
                                                                                                                                                               scope.
                                                351.402(f)(2) to file a certificate                     AGENCY:    Import Administration,                         The scope of the order additionally
                                                regarding the reimbursement of                          International Trade Administration,                    includes memory modules containing
                                                antidumping duties prior to liquidation                 Department of Commerce.                                DRAMS from the ROK. A memory
                                                of the relevant entries during this                     SUMMARY: On September 14, 2010, the                    module is a collection of DRAMS, the
                                                review period. Failure to comply with                   Department of Commerce published in                    sole function of which is memory.
                                                this requirement could result in the                    the Federal Register its preliminary                   Memory modules include single in-line
                                                Department’s presumption that                           results of administrative review of the                processing modules, single in-line
                                                reimbursement of the antidumping                        countervailing duty order on dynamic                   memory modules, dual in-line memory
                                                duties occurred and the subsequent                      random access memory semiconductors                    modules, small outline dual in-line
                                                assessment of doubled antidumping                       from the Republic of Korea for the                     memory modules, Rambus in-line
                                                duties.                                                 period January 1, 2008, through August                 memory modules, and memory cards or
                                                  This notice also serves as a reminder                 10, 2008. We provided interested parties               other collections of DRAMS, whether
                                                to parties subject to administrative                    with an opportunity to comment on the                  unmounted or mounted on a circuit
                                                protective orders (APOs) of their                       preliminary results. Our analysis of the               board. Modules that contain other parts
                                                responsibility concerning the                           comments submitted led to a change in                  that are needed to support the function
                                                disposition of proprietary information                  the net subsidy rate. The final net                    of memory are covered. Only those
                                                disclosed under APO in accordance                       subsidy rate for Hynix Semiconductor,                  modules that contain additional items
                                                with 19 CFR 351.305, which continues                    Inc. is listed below in the section                    which alter the function of the module
                                                to govern business proprietary                          entitled ‘‘Final Results of Review.’’                  to something other than memory, such
                                                information in this segment of the                      DATES: Effective Date: January 13, 2011.
                                                                                                                                                               as video graphics adapter boards and
                                                proceeding. Timely written notification                                                                        cards, are not included in the scope.
                                                                                                        FOR FURTHER INFORMATION CONTACT:                       The scope also covers future DRAMS
                                                of the return or destruction of APO                     Shane Subler or Jennifer Meek, AD/CVD
                                                materials or conversion to judicial                                                                            module types.
                                                                                                        Operations, Office 1, Import                              The scope of the order additionally
                                                protective order is hereby requested.                   Administration, U.S. Department of                     includes, but is not limited to, video
                                                Failure to comply with the regulations                  Commerce, 14th Street and Constitution                 random access memory and
                                                and the terms of an APO is a                            Avenue, NW., Washington, DC 20230;                     synchronous graphics random access
                                                sanctionable violation.                                 telephone: (202) 482–0189 or (202) 482–                memory, as well as various types of
                                                  This notice is issued and published in                2778, respectively.                                    DRAMS, including fast page-mode,
                                                accordance with sections 751(a)(1) and                  SUPPLEMENTARY INFORMATION:                             extended data-out, burst extended data-
                                                777(i)(1) of the Act.                                                                                          out, synchronous dynamic RAM,
                                                                                                        Background
                                                  Dated: January 5, 2011.                                                                                      Rambus DRAM, and Double Data Rate
                                                                                                          The following events have occurred                   DRAM. The scope also includes any
                                                Ronald K. Lorentzen,                                    since the publication of the preliminary               future density, packaging, or assembling
                                                Deputy Assistant Secretary for Import                   results of this review. See Dynamic                    of DRAMS. Also included in the scope
                                                Administration.                                         Random Access Memory                                   of the order are removable memory
                                                Appendix—List of Issues in Issues and                   Semiconductors From the Republic of                    modules placed on motherboards, with
                                                Decision Memorandum                                     Korea: Preliminary Results of                          or without a central processing unit,
                                                                                                        Countervailing Duty Administrative                     unless the importer of the motherboards
                                                Comment 1: Ministerial Errors                           Review, 75 FR 55764 (September 14,                     certifies with U.S. Customs and Border
                                                Comment 2: Offsetting for U.S. Sales that               2010) (‘‘Preliminary Results’’).                       Protection (‘‘CBP’’) that neither it, nor a
                                                  Exceed Normal Value                                     On October 14, 2010, we received a                   party related to it or under contract to
                                                Comment 3: Contemporaneous Model                        case brief from the petitioner, Micron                 it, will remove the modules from the
                                                  Matching                                              Technology, Inc. (‘‘Micron’’), and a joint             motherboards after importation. The
                                                Comment 4: Date of Sale                                 case brief from Hynix Semiconductor,                   scope of the order does not include
                                                Comment 5: U.S. Indirect Selling Expenses               Inc. (‘‘Hynix’’) and the Government of                 DRAMS or memory modules that are re-
                                                Comment 6: Circumstance of Sale                         the Republic of Korea (‘‘GOK’’). On                    imported for repair or replacement.
                                                  Adjustment                                            October 19, 2010, Micron submitted a                      The DRAMS subject to the order are
                                                Comment 7: The Use of Quarterly Costs for               rebuttal brief. Hynix and the GOK also                 currently classifiable under subheadings
                                                  the Cost Recovery Test                                submitted a joint rebuttal brief on this               8542.21.8005, 8542.21.8020 through
                                                Comment 8: TKSI SG&A Ratio for Purchases                date.                                                  8542.21.8030, and 8542.32.0001 through
                                                  from Affiliates
srobinson on DSKHWCL6B1PROD with NOTICES




                                                                                                                                                               8542.32.0023 of the Harmonized Tariff
                                                Comment 9: Profit Sharing Expenses                      Scope of the Order                                     Schedule of the United States
                                                  Included in G&A                                         The products covered by the order are                (‘‘HTSUS’’). The memory modules
                                                Comment 10: G&A ratio includes Offsets for              dynamic random access memory                           containing DRAMS from the ROK,
                                                  Other Income                                          semiconductors (‘‘DRAMS’’) from the                    described above, are currently
                                                Comment 11: The COP Database                            Republic of Korea (‘‘ROK’’), whether                   classifiable under subheadings
                                                [FR Doc. 2011–626 Filed 1–12–11; 8:45 am]               assembled or unassembled. Assembled                    8473.30.1040, 8473.30.1080,
                                                BILLING CODE 3510–DS–P                                  DRAMS include all package types.                       8473.30.1140, and 8473.30.1180 of the


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                                                                              Federal Register / Vol. 76, No. 9 / Thursday, January 13, 2011 / Notices                                                      2337

                                                HTSUS. Removable memory modules                         Random Access Memory                                    instructions pursuant to the final results
                                                placed on motherboards are classifiable                 Semiconductors from the Republic of                     of this administrative review.
                                                under subheadings 8443.99.2500,                         Korea from Christian Marsh, Deputy                        This notice also serves as a reminder
                                                8443.99.2550, 8471.50.0085,                             Assistant Secretary for Antidumping                     to parties subject to administrative
                                                8471.50.0150, 8517.30.5000,                             and Countervailing Duty Operations, to                  protective order (‘‘APO’’) of their
                                                8517.50.1000, 8517.50.5000,                             Ronald K. Lorentzen, Deputy Assistant                   responsibility concerning the
                                                8517.50.9000, 8517.61.0000,                             Secretary for Import Administration                     disposition of proprietary information
                                                8517.62.0010, 8517.62.0050,                             (‘‘Decision Memorandum’’), which is                     disclosed under APO in accordance
                                                8517.69.0000, 8517.70.0000,                             hereby adopted by this notice. Attached                 with 19 CFR 351.305(a)(3). Timely
                                                8517.90.3400, 8517.90.3600,                             to this notice as an appendix is a list of              written notification of return/
                                                8517.90.3800, 8517.90.4400,                             the issues which parties have raised and                destruction of APO materials or
                                                8542.21.8005, 8542.21.8020,                             to which we have responded in the                       conversion to judicial protective order is
                                                8542.21.8021, 8542.21.8022,                             Decision Memorandum. Parties can find                   hereby requested. Failure to comply
                                                8542.21.8023, 8542.21.8024,                             a complete discussion of all issues                     with the regulations and the terms of an
                                                8542.21.8025, 8542.21.8026,                             raised in this review and the                           APO is a sanctionable violation.
                                                8542.21.8027, 8542.21.8028,                             corresponding recommendations in this                     This administrative review and notice
                                                8542.21.8029, 8542.21.8030,                             public memorandum, which is on file in                  are issued and published in accordance
                                                8542.31.0000, 8542.33.0000,                             the Department’s Central Records Unit,                  with section 751(a)(1) of the Tariff Act
                                                8542.39.0000, 8543.89.9300, and                         Room 7046 of the main Department                        of 1930, as amended.
                                                8543.89.9600 of the HTSUS. However,                     building. In addition, a complete                         Dated: January 5, 2011.
                                                the product description, and not the                    version of the public Decision                          Ronald K. Lorentzen,
                                                HTSUS classification, is dispositive of                 Memorandum can be accessed directly
                                                whether merchandise imported into the                                                                           Deputy Assistant Secretary for Import
                                                                                                        on the Internet at http://                              Administration.
                                                United States falls within the scope.                   www.ia.ita.doc.gov/frn. The paper copy
                                                Scope Rulings                                           and electronic version of the Decision                  Appendix I—Comments in the Decision
                                                                                                        Memorandum are identical in content.                    Memorandum
                                                   On December 29, 2004, the
                                                Department of Commerce                                  Final Results of Review                                   Comment 1: Income Tax Treatment of
                                                (‘‘Department’’) received a request from                                                                        Hynix’s Debt Restructuring
                                                                                                          In accordance with 19 CFR                               Comment 2: Allocation Method for
                                                Cisco Systems, Inc., to determine                       351.221(b)(5), we calculated an
                                                whether removable memory modules                                                                                Tax Benefit
                                                                                                        individual subsidy rate for the producer,                 Comment 3: Clerical Error Allegations
                                                placed on motherboards that are                         Hynix. For the period January 1, 2008,
                                                imported for repair or refurbishment are                                                                          Comment 4: Circumvention of the
                                                                                                        through August 10, 2008, we find that                   Order
                                                within the scope of the CVD Order. See                  the ad valorem net subsidy rate for
                                                Notice of Countervailing Duty Order:                                                                            [FR Doc. 2011–615 Filed 1–12–11; 8:45 am]
                                                                                                        Hynix is 1.93 percent.
                                                Dynamic Random Access Memory                                                                                    BILLING CODE 3510–DS–P
                                                Semiconductors from the Republic of                     Assessment Rates
                                                Korea, 68 FR 47546 (August 11, 2003)                       The Department intends to issue
                                                (‘‘CVD Order’’). The Department                         assessment instructions to CBP fifteen                  DEPARTMENT OF COMMERCE
                                                initiated a scope inquiry pursuant to 19                days after the date of publication of
                                                CFR 351.225(e) on February 4, 2005. On                                                                          International Trade Administration
                                                                                                        these final results of this review. The
                                                January 12, 2006, the Department issued                 Department will instruct CBP to                         [A–570–827]
                                                a final scope ruling, finding that                      liquidate shipments of DRAMS by
                                                removable memory modules placed on                      Hynix entered or withdrawn from                         Certain Cased Pencils From the
                                                motherboards that are imported for                      warehouse, for consumption from                         People’s Republic of China:
                                                repair or refurbishment are not within                  January 1, 2008, through August 10,                     Preliminary Results and Partial
                                                the scope of the CVD Order provided                     2008, at 1.93 percent ad valorem of the                 Rescission of Antidumping Duty
                                                that the importer certifies that it will                F.O.B. invoice price, or 0.0033 U.S.                    Administrative Review
                                                destroy any memory modules that are                     dollars per megabit, as appropriate.1                   AGENCY:   Import Administration,
                                                removed for repair or refurbishment.                                                                            International Trade Administration,
                                                See Memorandum from Stephen J.                          Cash Deposits
                                                                                                                                                                Department of Commerce.
                                                Claeys to David M. Spooner, regarding                     On October 3, 2008, the Department
                                                                                                                                                                DATES: Effective Date: January 13, 2011.
                                                Final Scope Ruling, Countervailing Duty                 published a Federal Register notice
                                                                                                                                                                SUMMARY: The Department of Commerce
                                                Order on DRAMs from the Republic of                     that, inter alia, revoked this order,
                                                Korea (January 12, 2006).                                                                                       (‘‘the Department’’) has preliminarily
                                                                                                        effective August 11, 2008. See Dynamic
                                                                                                                                                                determined that the respondents in this
                                                Period of Review                                        Random Access Memory
                                                                                                                                                                review, for the period December 1, 2008,
                                                                                                        Semiconductors From the Republic of
                                                  The period for which we are                                                                                   through November 30, 2009, have made
                                                                                                        Korea: Final Results of Sunset Review
                                                measuring subsidies, i.e., the period of                                                                        sales of subject merchandise at less than
                                                                                                        and Revocation of Order, 73 FR 57594
                                                review (‘‘POR’’), is January 1, 2008,                                                                           normal value. If these preliminary
                                                                                                        (October 3, 2008). As a result, CBP is no
                                                through August 10, 2008.                                                                                        results are adopted in the final results
                                                                                                        longer suspending liquidation for
srobinson on DSKHWCL6B1PROD with NOTICES




                                                                                                                                                                of this review, we will instruct U.S.
                                                Analysis of Comments Received                           entries of subject merchandise occurring
                                                                                                                                                                Customs and Border Protection (‘‘CBP’’)
                                                                                                        after the revocation. Therefore, there is
                                                  We have addressed all issues raised in                                                                        to assess antidumping duties on all
                                                                                                        no need to issue new cash deposit
                                                the case and rebuttal briefs in the                                                                             appropriate entries.
                                                January 5, 2011, Issues and Decision                      1 For the calculation of the per-megabit rate, see
                                                                                                                                                                    The Department is also rescinding
                                                Memorandum for the Final Results in                     Memorandum to the File from Shane Subler and
                                                                                                                                                                this review for those foreign producers/
                                                the Sixth Administrative Review of the                  Jennifer Meek, ‘‘Final Results Calculations for Hynix   exporters for which requests for review
                                                Countervailing Duty Order on Dynamic                    Semiconductor, Inc.’’ (January 5, 2010).                were timely withdrawn. For the


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Description: RAM-random access memory. The contents of storage unit can be arbitrarily removed or deposited in demand, and the access speed and storage unit of the position-independent memory. This memory will be lost when power is stored content, it is mainly used for storing short-term program. Store information in accordance with different, random access memory is divided into static random access memory (Static RAM, SRAM) and dynamic random access memory (Dynamic RAM, DRAM).