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Council Regulation (EC) No 2116/2005 of 20 December 2005 amending Regulation (EC) No 1480/2003 imposing a definitive countervailing duty and collecting definitively the provisional duty imposed on imports of certain electronic microcircuits known as DRAMs (dynamic random access memories) originating in the Republic of Korea
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THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 2026/97 of 6 October 1997 on protection against subsidised imports from countries not members of the European Community(1) (the basic Regulation), and in particular Article 24(3) thereof,
Having regard to the proposal submitted by the Commission after consulting the Advisory Committee,
Whereas:
A. PROCEDURE
B. PRODUCT CONCERNED
C. RESULTS OF THE INVESTIGATION
D. PROPOSED SPECIAL PROVISIONS
clarifying the description of the product concerned;
ensuring that the origin of multi-combinational forms of DRAMs is correctly declared and customs authorities are enabled to perform the appropriate checks;
ensuring the levy of the countervailing duty on [X1import of (non-customised) multi-combinational forms of DRAMs] originating in countries other than the Republic of Korea and incorporating DRAM chips and/or mounted DRAMs originating in the Republic of Korea;
ensuring the levy of the countervailing duty in case of lack of information or lack of cooperation by the declarant.
No | Product/origin description | Reference number |
---|---|---|
1. | [X1(Non-customised) 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 |
2. | (Non-customised) 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 [X1price of the (non-customised) multi-combinational form of DRAM | D011 |
3. | (Non-customised) 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 (non-customised) multi-combinational form of DRAM | D012 |
4. | (Non-customised) 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 (non-customised) multi-combinational form of DRAM | D013 |
5. | (Non-customised) 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 (non-customised) multi-combinational form of DRAM | D014 |
6. | (Non-customised) 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 (non-customised) multi-combinational form of DRAM | D015 |
7. | (Non-customised) 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 (non-customised) multi-combinational form of DRAM] | D016 |
No 2: a duty rate of 0 % should apply;
No 3: a duty rate of 3,4 % should apply;
No 4: a duty rate of 6,9 % should apply;
No 5: a duty rate of 10,4 % should apply;
No 6: a duty rate of 13,9 % should apply;
No 7: a duty rate of 17,4 % should apply.
HAS ADOPTED THIS REGULATION:
Editorial Information
X1 Substituted by Corrigendum to Council Regulation (EC) No 2116/2005 of 20 December 2005 amending Regulation (EC) No 1480/2003 imposing a definitive countervailing duty and collecting definitively the provisional duty imposed on imports of certain electronic microcircuits known as DRAMs (dynamic random access memories) originating in the Republic of Korea (Official Journal of the European Union L 340 of 23 December 2005).
Council Regulation (EC) No 1480/2003 is hereby amended as follows:
Article 1(1) shall be replaced by the following:
‘1.A definitive countervailing duty is hereby 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.
DRAMs defined in the preceding paragraph take the following forms:
DRAM wafers falling within CN code ex 8542 21 01 (TARIC code 8542 21 01 10),
DRAM chips (dies) falling within CN code ex 8542 21 05 (TARIC code 8542 21 05 10),
mounted DRAMs falling within CN codes 8542 21 11, 8542 21 13, 8542 21 15 and 8542 21 17,
multi-combinational forms of DRAMs (memory modules, memory boards or other aggregate forms) falling within CN codes ex 8473 30 10 (TARIC code 8473 30 10 10), ex 8473 50 10 (TARIC code 8473 50 10 10) and ex 8548 90 10 (TARIC code 8548 90 10 10),
[X1chips and/or mounted DRAMs incorporated in (non-customised) multi-combinational forms of DRAMs provided the (non-customised) multi-combinational form of DRAM] is originating in countries other than the Republic of Korea, falling within CN codes ex 8473 30 10 (TARIC code 8473 30 10 10), ex 8473 50 10 (TARIC code 8473 50 10 10) and ex 8548 90 10 (TARIC code 8548 90 10 10).’;
Article 1(2) shall be replaced by the following:
‘2.The rate of the definitive countervailing duty applicable to the net free-at-Community-frontier price, before duty, shall be as follows:
Korean producers | Rate of duty (%) | TARIC additional code |
---|---|---|
Samsung Electronics Co., Ltd (Samsung) 24th Fl., Samsung Main Bldg 250, 2-Ga, Taepyeong-Ro Jung-Gu, Seoul | 0 % | A437 |
Hynix Semiconductor Inc. 891, Daechidong Kangnamgu, Seoul | 34,8 % | A693 |
All other companies | 34,8 % | A999’ |
Article 1(3) shall be renumbered Article 1(7).
a new Article 1(3) shall be inserted as follows:
‘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 | Rate of duty (%) |
---|---|---|---|
1. | [X1(Non-customised) 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 | 0 % |
2. | (Non-customised) 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 [X1price of the (non-customised) multi-combinational form of DRAM | D011 | 0 % |
3. | (Non-customised) 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 (non-customised) multi-combinational form of DRAM | D012 | 3,4 % |
4. | (Non-customised) 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 (non-customised) multi-combinational form of DRAM | D013 | 6,9 % |
5. | (Non-customised) 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 (non-customised) multi-combinational form of DRAM | D014 | 10,4 % |
6. | (Non-customised) 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 (non-customised) multi-combinational form of DRAM | D015 | 13,9 % |
7. | (Non-customised) 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 (non-customised) multi-combinational form of DRAM] | D016 | 17,4 %’ |
a new Article 1(4) shall be inserted as follows:
‘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. This statement shall be made on company-headed paper and be validated by a stamp of the company.’;
a new Article 1(5) shall be inserted as follows:
‘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 34,8 % 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 34,8 % shall apply to the multi-combinational forms of DRAMs.’
A new Article 1(6) shall be inserted as follows:
‘6.For the purpose of data verifications by Member State's customs authorities, Article 28(1), 28(3), 28(4) and 28(6) of Council Regulation (EC) No 2026/97 shall apply mutatis mutandis.’
Editorial Information
X1 Substituted by Corrigendum to Council Regulation (EC) No 2116/2005 of 20 December 2005 amending Regulation (EC) No 1480/2003 imposing a definitive countervailing duty and collecting definitively the provisional duty imposed on imports of certain electronic microcircuits known as DRAMs (dynamic random access memories) originating in the Republic of Korea (Official Journal of the European Union L 340 of 23 December 2005).
This Regulation shall enter into force on the 15th day following its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
NB: This declaration shall be issued by the last manufacturer of the multi-combinational form of DRAMs, made on company-headed paper and be validated by a stamp of the company.U.K.
Multi-combinational form of DRAMs | [X1Price of the DRAM chips and/or mounted DRAMs manufactured by all companies other than Samsung and incorporated in the multi-combinational form of DRAMs] | |||
---|---|---|---|---|
Quantity | Price(Total net-free-at-Community frontier) | Origin | Price as a % of the total net free-at-Community frontier price of the multi-combinational form of DRAMs | TARIC additional code of the Korean manufacturer |
OJ L 288, 21.10.1997, p. 1. Regulation as last amended by Regulation (EC) No 461/2004 (OJ L 77, 13.3.2004, p. 12).
Council Regulation (EEC) No 2913/92 (OJ L 302, 19.10.1992, p. 1). Regulation as last amended by Regulation (EC) No 648/2005 of the European Parliament and of the Council (OJ L 117, 4.5.2005, p. 13).
Annex 11 to Commission Regulation (EEC) No 2454/93 (OJ L 253, 11.10.1993, p. 1).
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