Taiwan Prevails at CAFC in SRAM Antidumping Litigatio
2001-09-25
The US Court of Appeals for the Federal Circuit (CAFC) released its decision in favor of Taiwan in the SRAM antidumping litigation, vindicating Taiwan SRAM companies’ resolve and commitment to fight the case to the end.

  A three-judge Panel at the CAFC released its decision on the case on September 21, after a final oral argument on Micron's appeal of the Court of International Trade's ("CIT") decision sustaining the International Trade Commission's ("ITC") negative second remand determination held early last month. The Panel upheld the CIT determination that Taiwan SRAM imports were not causing material injury to the US industry and did not pose a threat of such harm. The CAFC Panel ruled that the two remand decisions made by the CIT to the ITC were in seek for supporting explanation for its prior affirmative injury determination and therefore it supported the CIT’s remand decision. It approved the ITC’s second negative determination and the CIT’s decision affirming that second negative determination. The Panel ruled that Taiwan SRAM imports did not ‘contribute materially’ to the injury of the US SRAM industry; whereas non-subject factors, such as worldwide supply and demand effects, the learning curve, and imports from other regions, had a predominant effect on the US industry, other than the imports from Taiwan.

  The CAFC Panel recognized that the memory semiconductor industry is highly cyclic, and was predominantly affected by mis-forecasts in worldwide supply and demand, rather than by imports from Taiwan. “This recognition by a high US court, such as the CAFC, may operate as a disincentive to Micron on whether to file a new antidumping case on other DRAM or SRAM manufacturers” said Dr. Gordon Wen-Hsien Chen, President of Taiwan Semiconductor Industry Association.
( For further information, please contact: Rachel Huang, Director of General Affairs, TSIA
TEL: +886-3-5913560 E-mail: rachel@tsia.org.tw )