Taiwan Semiconductor Industry v. United States, (1999)

Extract

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Taiwan Semiconductor Industry v. United States, (1999)

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UNITED STATES COURT OF INTERNATIONAL TRADE

TAIWAN SEMICONDUCTOR INDUSTRY ASSOCIATION, ET AL.,

Plaintiffs, and MOTOROLA, INC.,

Plaintiff-Intervenor, v. UNITED STATES,

Defendant, and MICRON TECHNOLOGY, INC.

Defendant-Intervenor.

[The International Trade Commission's affirmative material injury determination is remanded.]

Decided: June 30, 1999 White & Case, LLP (Christopher F. Corr, Richard G. King, and Amy E. Farrell) for Plaintiffs.

Covington & Burling (Harvey M. Applebaum) for Plaintiff-Intervenor.

Lyn M. Schlitt, General Counsel; James A. Toupin, Deputy General Counsel; Michael Diehl, Office of the General Counsel, U.S. International Trade Commission, for Defendant.

Hale and Dorr LLP (Gilbert B. Kaplan, Michael D. Esch, Paul W. Jameson, and Cris R. Revaz) for Defendant-Intervenor.

OPINION

POGUE, Judge: This action is before the Court on Plaintiffs'

BEFORE: Pogue, Judge Court No. 98-05-01460 Public Version

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motion for judgment on the agency record pursuant to USCIT Rule 56.2. Taiwan Semiconductor Industry Association; Taiwan Semiconductor Manufacturing Company, Ltd.; Winbond Electronics Corporation; Alliance Semiconductor Corporation; Galvantech, Inc.; and Integrated Silicon Solution, Inc. (collectively, "Plaintiffs") seek review of the final determination of the U.S. International Trade Commission ("Commission") in Static Random Access Memory Semiconductors from the Republic of Korea and Taiwan, Inv. Nos. 731-TA-761 & 762 (Final)(List 2, Doc. 395)(Apr. 9, 1998)("Final Determination").1 Specifically, Plaintiffs challenge the Commission's determination that the industry in the United States producing static random access memory semiconductors ("SRAMs") is materially injured by reason of imports from Taiwan that are sold at less than fair value ("LTFV"). The Court has jurisdiction pursuant to 28 U.S.C. § 1581(c)(1994).

Background

SRAMs are integrated circuits containing thousands or millions of cells that allow data to be stored and retrieved at high speeds. Unlike dynamic random access memory semiconductors ("DRAMs"), SRAMs are capable of retaining their information without the need for periodic electrical "refresh," and therefore, they generally consume less power than DRAMs. Moreover, SRAMs are more complex in

1List 1 consists of the documents within the public portion of the record made before the Commission. List 2 consists of the documents within the confident...

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