Taiwan Semiconductor Industry Association v. International Trade Commission

During its first investigation, the International Trade Commission found that Taiwanese imports of static random access memory chips (SRAMs) at less than fair value (LTFV) injured the domestic industry. Static Random Access Memory Semiconductors From Taiwan, 63 Fed. Reg. 8,909, 8,910 (Dep’t Commerce, Feb. 23, 1998) (final determ.) (Commissioner Miller dissenting) (First Determination). On review, the United States Court of International Trade neither affirmed nor reversed. Rather, the court remanded the Commission’s determination for the Commission to explain the causal nexus between LTFV Taiwanese imports and domestic price declines in light of the dominant presence of non-subject imports. Taiwan Semiconductor Indus. Assoc. v. United States, 59 F. Supp. 2d 1324 (Ct. Int’l Trade 1999) (Taiwan I). Because the Court of International Trade did not abuse its discretion in requesting clarification from the Commission, this court affirms the Court of International Trade’s initial remand.

On remand, the Commission again found that Taiwanese imports of SRAMs at LTFV injured domestic industry. Commission’s Determ. on Remand (List 2, Doc. 406) (Aug. 30, 1999). The Court of International Trade again neither affirmed nor reversed. The court remanded the Commission’s determination for more explanation on two issues relating to price depression and lost revenues. Taiwan Semiconductor Indus. Assoc. v. United States, 93 F. Supp. 2d 1283 (Ct. Int’l Trade 2000) (Taiwan II). On the second remand, the Commission determined that there was no material injury, or threat thereof, to the domestic industry by reason of imported Taiwanese SRAMs. Commission’s Determ. on Remand (List 2, Doc. 411) (June 23, 2000) (Redetermination). The Court of International Trade affirmed the Commission’s negative material injury determination. Taiwan Semiconductor Indus. Assoc. v. United States, 118 F. Supp. 2d 1250 (Ct. Int’l Trade 2000) (Taiwan III). Because the record contains substantial evidence that factors other than LTFV Taiwanese imports caused the material injury to domestic industry, this court affirms.