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Hynix Calls ITC's Upheld 44% Duties 'Very Disappointing'

Online staff -- EDN, July 23, 2003

The U.S. International Trade Commission today upheld its ruling by the U.S. Department of Commerce (DOC), imposing 44.7 percent duties on Hynix Semiconductor Inc.

The June decision found that Hynix was responsible for causing injury to the DRAM industry when it accepted what DOC said was illegal government subsidies funneled into Hynix through Korean banks.

An unnamed official at Hynix today said in statement that "Hynix is very disappointed by the International Trade Commission's affirmative injury determination in the DRAMs case."

He added, however, that it was difficult to offer much comment on the ITC's determination because the ITC's written rationale was not yet available. "Today we just learned the outcome, not the reasons why," the official was quoted as saying.

According to Hynix, the company will receive the ITC's rationale in a couple of weeks, at which point Hynix will review its options. Its two possible options are appealing the ITC's decision to the Court of International Trade, and/or having the Korea government appeal the decision to the WTO. Both options could be pursued at the same time, Hynix said.

The official also said that today's determination will not bring any significant changes in Hynix's DRAM production and business operation, as the memory maker has been prepared to fall back on its U.S.-based plant since the original charges from Micron Technology Inc. began to gain footing.

"Hynix will increase the production of DRAMs in its Eugene, Oregon, fab, which is not subject to the CVD duty imposition, to continue to provide quality DRAMs to its U.S. customers," the official said. "Therefore, our existing customers in the U.S. will not be affected at all by today's decision."

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