King & Spalding LLP, a leading international law firm, achieved an important victory for US semiconductor manufacturers on July 1 when the United States Court of Appeals for the Federal Circuit overturned a United States Court of International Trade ruling ordering the Department of Commerce to refund antidumping duties on Korean- made dynamic random access memory semiconductors, or DRAMs, a case originally brought by Micron Technology, Inc.
The ruling now orders imported DRAM entries to be liquidated at the higher cash deposit rate of 4.97% and will likely govern three other cases currently stayed or pending at the Court of International Trade.
"This is a significant win for US semiconductors and the domestic economy alike, as it tightens regulation and helps to secure industry jobs in the United States," said Gilbert B. Kaplan, King & Spalding partner who led the team representing Micron Technology. "Its impact on future investigations will no doubt be present, and we are thrilled to have contributed to this important victory for our clients."
Micron first successfully prosecuted an antidumping investigation against DRAMs from Korea in the early 1990s, requiring all importers of Korean DRAMs to pay cash deposits equal to estimated antidumping duties upon merchandise entrance to the US. The United States Court of International Trade subsequently sided with the Korean importers and ordered Commerce to refund the cash deposits paid on the merchandise. Micron and the Government appealed the case to the Federal Circuit in June 2004.
