69 FR 75 pg. 20856 - Dynamic Random Access Memory Semiconductors of One Megabit orAbove From the Republic of Korea: Notice of Court Decision and Suspensionof Liquidation
Type: NOTICEVolume: 69Number: 75Page: 20856
Docket number: [A-580-812]
FR document: [FR Doc. 04-8801 Filed 4-16-04; 8:45 am]
Agency: Commerce Department
Sub Agency: International Trade Administration
Official PDF Version: PDF Version
DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-812]
Dynamic Random Access Memory Semiconductors of One Megabit orAbove From the Republic of Korea: Notice of Court Decision and Suspensionof Liquidation
AGENCY:
Import Administration, International TradeAdministration, Department of Commerce.
ACTION:
Notice of Court Decision and Suspension ofLiquidation.
SUMMARY:
On April 1, 2004, the United States Court ofInternational Trade (CIT) affirmed the Department of Commerce's results ofredetermination on remand of the final results of the seventhadministrative review of the antidumping duty order on Dynamic RandomAccess Memory Semiconductors of One Megabit or Above (DRAMs) from theRepublic of Korea (Korea). See Hynix Semiconductor, Inc., v.United States , Slip Op. 04-30 (April 1, 2004), Court No.01-00988 ( Hynix III ). Consistent with the decision ofthe United States Court of Appeals for the Federal Circuit (FederalCircuit) in Timken Co. v. United States , 893 F.2d 337 (Fed.Cir. 1990) ( Timken ), the Department of Commerce (theDepartment) is notifying the public that Hynix and the CIT'searlier opinion in this case were "not in harmony" with theDepartment's original results.
EFFECTIVE DATE:
April 19, 2004.
FOR FURTHER INFORMATION CONTACT:
Ron Trentham or TomFuttner, Office 4, Group II, AD/CVD Enforcement, Import Administration,International Trade Administration, U.S. Department of Commerce, 14thStreet and Constitution Avenue, NW, Washington, DC 20230; telephone: (202)482-6320 and (202) 482-3814,respectively.
SUPPLEMENTARY INFORMATION:
Background
On October 12, 2001, the Department published a notice of the finalresults of the seventh review of DRAMs from Korea. See DynamicRandom Access Memory Semiconductors of One Megabit or Above From theRepublic of Korea: Final Results of Antidumping Duty AdministrativeReview , 66 FR 52097 (October 12, 2001) ( Final Results ).Subsequent to the Department's Final Results, Hynix Semiconductor, Inc.,filed a suit in the CIT challenging these results. Thereafter, the CITissued an Order and Opinion dated November 24, 2003 in remanding two issuesto the Department. See , Hynix Semiconductor, Inc.v. United States , 295 F. Supp 2d 1365 (CIT 2003) ( HynixII ). Pursuant to the CIT's November 24, 2003 Order and Opinion, theDepartment filed its remand results on December 17, 2003. On April 1,2004, the CIT affirmed the Department's results of redetermination in Hynix III .
Suspension of Liquidation
In its decision in Timken , the Federal Circuit held that,pursuant to 19 U.S.C. 1516a(e), the Department must publish notice of adecision of the CIT which is "not in harmony" with theDepartment's Final Results . The Federal Circuit also heldthat the Department must suspend liquidation of the subject merchandiseuntil there is a "conclusive" decision in the case. The CIT'sdecision in Hynix III and its November 24, 2003 Order andOpinion in this case were not in harmony with the Department's finalantidumping duty results of review. Therefore, publication of this noticefulfills the obligation imposed upon the Department by the decision in Timken . In addition, this notice will serve to continue thesuspension of liquidation. If this decision is not appealed, or ifappealed, if it is upheld, the Department will publish amended finalantidumping duty results.
Dated: April 9, 2004.
James J. Jochum,
Assistant Secretaryfor Import Administration.
[FR Doc. 04-8801 Filed 4-16-04; 8:45 am]
BILLING CODE 3510-DS-S