AD1442

 

Amendment to the definitive countervailing duty on imports of drams originating in the Republic of Korea

1. The Commission have advised by Commission Regulation (EC) No 584/2006, OJ L103, an amendment to the definitive countervailing duty imposed on imports of certain electronic integrated circuits known as Dynamic Random Access Memories (DRAMs) manufactured using variations of metal oxide-semiconductors (MOS) process technology, including Complementary MOS types (CMOS), of all types, densities, variations, access speed, configuration, package or frame, etc, originating in the Republic of Korea with effect from 13 April 2006.

The product concerned is currently classified under commodity codes:

8473 3010 10
8473 5010 10
8542 2101 10
8542 2105 10
8542 2111 00
8542 2113 00
8542 2115 00
8542 2117 00
8548 9010 10

2. The rate of the definitive countervailing duty applicable to the net, free-at-Community-frontier price, before duty, has been amended as follows -

Republic of Korea - 32.9% - additional code - A999
Samsung Electronics Co, Ltd (‘Samsung’) - Nil - additional code - A437 (no change)
Hynix Semiconductor Inc - 32.9% - additional code - A693

All other countries should use the following additional codes/reference numbers

3. Upon presentation to the Member State’s Customs authorities of the customs declaration for release into free circulation of multi-combinational forms of DRAMs, the declarant shall indicate in box 44 of the Single Administrative Document (SAD) the reference number corresponding to the below product/origin descriptions indicated in the following table. The rate of the definitive countervailing duty applicable to the net-free-at-Community-frontier price, before duty, shall be as follows:

No


Product/origin description


Reference number


Additional code


Rate of duty (%)


1


Multi-combinational forms of DRAMs originating in countries other than the Republic of Korea, incorporating DRAM chips and/or mounted DRAMs originating in countries other than the Republic of Korea or originating in the Republic of Korea and manufactured by Samsung.


D010


X010


0%
(No change)


2


Multi-combinational forms of DRAMs originating in countries other than the Republic of Korea, incorporating DRAM chips and/or mounted DRAMs originating in the Republic of Korea and manufactured by all companies other than Samsung and representing less than 10% of the net free-at-Community-frontier price of the multi-combinational form of DRAM.


D011


X011


0%
(No change)


3


Multi-combinational forms of DRAMs originating in countries other than the Republic of Korea, incorporating DRAM chips and/or mounted DRAMs originating in the Republic of Korea and manufactured by all companies other than Samsung and representing 10% or more but less than 20% of the net free-at-Community-frontier price of the multi-combinational form of DRAM.


D012


X012


3.2%


4


Multi-combinational forms of DRAMs originating in countries other than the Republic of Korea, incorporating DRAM chips and/or mounted DRAMs originating in the Republic of Korea and manufactured by all companies other than Samsung and representing 20% or more but less than 30% of the net free-at-Community-frontier price of the multi-combinational form of DRAM.


D013


X013


6.5%


5


Multi-combinational forms of DRAMs originating in countries other than the Republic of Korea, incorporating DRAM chips and/or mounted DRAMs originating in the Republic of Korea and manufactured by all companies other than Samsung and representing 30% or more but less than 40% of the net free-at-Community-frontier price of the multi-combinational form of DRAM.


D014


X014


9.8%


6


Multi-combinational forms of DRAMs originating in countries other than the Republic of Korea, incorporating DRAM chips and/or mounted DRAMs originating in the Republic of Korea and manufactured by all companies other than Samsung and representing 40% or more but less than 50% of the net free-at-Community-frontier price of the multi-combinational form of DRAM.


D015


X015


13.1%


7


Multi-combinational forms of DRAMs originating in countries other than the Republic of Korea, incorporating DRAM chips and/or mounted DRAMs originating in the Republic of Korea and manufactured by all companies other than Samsung and representing 50% or more of the net free-at-Community-frontier price of the multi-combinational form of DRAM.


D016


X016


16.4%


4. With reference to paragraph 3, the indication in box 44 of the SAD of the reference number in case of the product/origin description falling under number 1 shall, as such, be considered as sufficient supporting evidence. For all remaining product/origin descriptions, the declarant shall submit a statement issued by the last manufacturer certifying the origin, the manufacturers and the value of all components of the multi-combinational form of DRAM, in conformity with the requirements set in the Annex (copy attached). This statement shall be made on company-headed paper and be validated by a stamp of the company.

5. In case of no indication of any reference number in the SAD, as foreseen in paragraph 3, or if the customs declaration is not accompanied by any statement in the cases required in paragraph 4, the multi-combinational form of DRAM shall - unless the contrary is proved - be considered as originating in the Republic of Korea and manufactured by all companies other than Samsung, and the countervailing duty rate of 32.9 per cent shall apply.

In cases where some of the DRAM chips and/or mounted DRAMs incorporated in multi-combinational forms of DRAMs are not clearly marked and their manufacturers are not clearly identifiable from the statement required in paragraph 4, it should be assumed, unless the contrary is proved, that such DRAM chips and/or mounted DRAMs are originating in the Republic of Korea and have been manufactured by companies subject to the countervailing duty. In such cases, the countervailing duty rate applicable to multi-combinational forms of DRAMs shall be calculated on the basis of the percentage represented by the net free-at-Community-frontier price of the DRAM chips and/or mounted DRAMs originating in the Republic of Korea out of the net free-at-Community-frontier price of the multi-combinational forms of DRAM, as established in the table contained in paragraph 3, numbers 2 to 7. Should, however, the value of the aforementioned DRAM chips and/or mounted DRAMs be such to determine that the multi-combinational forms of DRAMs in which they are incorporated becomes of Korean origin, the countervailing duty rate of 32.9 per cent shall apply to the multi-combinational forms of DRAMs.

CHIEF has been updated. The printed tariff will be amended in due course.

This information should be displayed to the public upon receipt.

Anti-dumping duty notices are now available by email. To receive future notices by email please send your telephone, fax number and email address to: chris.o’connell@hmrc.gsi.gov.uk

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$START-DATA$ title=AD1442^ summary=Amendment to the definitive countervailing duty on imports of drams originating in the Republic of Korea.^ doctype=ReferenceDocument^ date=06-Mar-2007^ author=hd114469^ $END-DATA$
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