[Federal Register: September 13, 2007 (Volume 72, Number 177)]
[Notices]
[Page 52355-52357]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13se07-30]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-504]
Final Results of Antidumping Duty Administrative Review:
Petroleum Wax Candles from the People's Republic of China
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: September 13, 2007.
SUMMARY: On May 10, 2007, the Department of Commerce (``Department'')
published its preliminary results in the antidumping duty
administrative review of petroleum wax candles from the People's
Republic of China (``PRC''). See Petroleum Wax Candles from the
People's Republic of China: Preliminary Results and Partial Rescission
of the Eighth Administrative Review, 72 FR 26595 (May 10, 2007)
(``Preliminary Results''). We invited interested parties to comment on
the Preliminary Results.
FOR FURTHER INFORMATION CONTACT: Irene Gorelik, Import Administration,
International Trade Administration, U.S. Department of Commerce, 14th
Street and Constitution Avenue, NW, Washington, DC 20230; telephone:
(202) 482-6905.
SUPPLEMENTARY INFORMATION:
Case History
This administrative review covers one manufacturer/exporter of
subject merchandise: Deseado International, Ltd. (``Deseado'').
Petitioner is the National Candle Association (``NCA''). The
Preliminary Results in this administrative review were published on May
10, 2007. On June 12, 2007, Petitioner and Deseado submitted comments.
On June 18, 2007, Petitioner and Deseado submitted rebuttal comments.
No interested parties requested a hearing.
Period of Review
The period of review (``POR'') covers August 1, 2005, through July
31, 2006.
Scope of the Order\1\
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\1\ Final scope rulings on petroleum wax candles scope inquiries
addressed by the Department can be found at: http://ia.ita.doc.gov/download/candles-prc-scope/index.html
.
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The products covered by Notice of Antidumping Duty Order: Petroleum
Wax Candles from the People's Republic of China, 51 FR 30686 (August
28, 1986) (``Candles Order'') are certain scented or unscented
petroleum wax candles made from petroleum wax and having fiber or
paper-cored wicks. They are sold in the following shapes: tapers,
spirals, and straight-sided dinner candles; round, columns, pillars,
votives; and various wax-filled containers. The products were
classified under the Tariff Schedules of the United States 755.25,
Candles and Tapers. The products covered are currently classified under
the Harmonized Tariff Schedule of the United States (``HTSUS'') item
3406.00.00. Although the HTSUS subheading is provided for convenience
purposes, our written description remains dispositive. See Candles
Order and Petroleum Wax Candles From the People's Republic of China:
Notice of Final Results of Antidumping Duty New Shipper Review, 69 FR
77990 (December 29, 2004).
Additionally, on October 6, 2006, the Department published its
final determination of circumvention of the antidumping duty order on
petroleum wax candles from the PRC. See Later-Developed Merchandise
Anticircumvention Inquiry of the Antidumping Duty Order on Petroleum
Wax Candles from the People's Republic of China: Affirmative Final
Determination of Circumvention of the Antidumping Duty Order, 71 FR
59075 (October 6, 2006). The Department determined that candles
composed of petroleum wax and over 50 percent or more palm and/or other
vegetable oil-
[[Page 52356]]
based waxes (mixed-wax candles) are later-developed products of
petroleum wax candles. In addition, the Department determined that
mixed-wax candles containing any amount of petroleum are covered by the
scope of the antidumping duty order on petroleum wax candles from the
PRC.
Partial Rescission of Administrative Review
In the Preliminary Results, the Department issued a notice of
intent to rescind the administrative review with respect to thirteen
companies\2\ because all thirteen companies submitted timely
withdrawals of their requests for an administrative review. See
Preliminary Results, 72 FR at 26596. The Department received no
comments on this issue, and we did not receive any further information
since the issuance of the Preliminary Results that provides a basis for
a reconsideration of this determination. Therefore, consistent with 19
CFR 351.213(d), we are rescinding this administrative review with
respect to the thirteen companies named below in footnote 2.
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\2\ Amstar Business Company Limited, Apex Enterprises
International Ltd. and Apex's producer, Golden Industrial Co., Ltd.,
Fuzhou Eastown Arts Co., Ltd., Gift Creative Company, Ltd., Maverick
Enterprise Co., Ltd. and Maverick's producer Great Founder
International Co., Qingdao Kingking Applied Chemistry Co., Ltd.,
Shantou Jinyuan Mingfeng Handicraft Co., Shanghai Shen Hong Arts and
Crafts Co., Ltd. and Shen Hong's producer Shanghai Changran
Enterprise, Ltd ., Shenzhen Sam Lick Manufactory (and affiliated
exporter Prudential (HK) Candles Manufacturing Co., Ltd)., and
Transfar International Corp.
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Analysis of Comments Received
All issues raised in the comments submitted by Petitioner and
Deseado are addressed in the ``Memorandum to the Assistant Secretary
for Import Administration: Antidumping Duty Order on Petroleum Wax
Candles from the People's Republic of China: Issues and Decision
Memorandum for Final Results of the Eighth Administrative Review,''
(``Issues & Decision Memorandum''), which is hereby adopted by this
notice. A list of the issues raised, all of which are in the Issues and
Decision Memorandum, is attached to this notice as Appendix I. Parties
can find a complete discussion of all issues raised in the comments and
the corresponding recommendations in this public memorandum, which is
on file in the Central Records Unit, room B-099 of the Department of
Commerce building. In addition, a complete version of the Issues and
Decision Memorandum can be accessed directly on the Web at http://www.trade.gov/ia/.
The paper copy and electronic version of the Issues
and Decision Memorandum are identical in content.
Changes Since the Preliminary Results
There have been no changes since the Preliminary Results.
Separate Rates
In the Preliminary Results, we determined that a separate rate
analysis was not necessary with respect to Deseado because it reported
that it is owned wholly by an entity located and registered in a market
economy (i.e., Hong Kong).\3\ Therefore, we assigned Deseado a separate
rate. For the final results, we continue to find that the evidence
placed on the record of this administrative review by Deseado
demonstrates that a separate rate analysis is unnecessary to determine
whether Deseado is under de jure or de facto control of the PRC
government and we will continue to assign Deseado a separate rate. See
Issues and Decision Memorandum at Comment 2.
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\3\ See Brake Rotors From the People's Republic of China: Final
Results and Partial Rescission of Fifth New Shipper Review, 66 FR
44331 (August 23, 2001), results unchanged from Brake Rotors From
the People's Republic of China: Preliminary Results and Partial
Rescission of Fifth New Shipper Review, 66 FR 29080-1 (May 29, 2001)
(where the respondent was wholly owned by a U.S. registered
company); Brake Rotors From the People's Republic of China: Final
Results and Partial Rescission of Fourth New Shipper Review and
Rescission of Third Antidumping Duty Administrative Review, 66 FR
27063 (May 16, 2001) (where the respondent was wholly owned by a
company located in Hong Kong), results unchanged from Brake Rotors
From the People's Republic of China: Preliminary Results and Partial
Rescission of the Fourth New Shipper Review and Rescission of the
Third Antidumping Duty Administrative Review, 66 FR 1303-6 (January
8, 2001); and Notice of Final Determination of Sales at Less Than
Fair Value: Creatine Monohydrate From the People's Republic of
China, 64 FR 71104-5 (December 20, 1999) (where the respondent was
wholly owned by persons located in Hong Kong).
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Adverse Facts Available
For the reasons discussed in the Issues and Decision Memorandum,
and in accordance with sections 776(a)(2)(A), (B), and (C), and 776(b)
of the Tariff Act of 1930, as amended (``Act''), for the final results,
we continue to determine that the application of adverse facts
available (``AFA'') is appropriate for Deseado because it failed to
cooperate by not acting to the best of its ability to comply with the
Department's multiple requests for sales and cost data and
significantly impeded this proceeding. See Issues and Decision
Memorandum at Comment 1. As AFA, we will continue to apply the rate of
108.30 percent, the highest calculated rate from any segment of this
proceeding, as described in the Preliminary Results.
Final Results of Review
We determine that the following percentage weighted-average margins
exist for the POR:
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Manufacturer/Exporter Margin (Percent)
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Deseado International, Ltd.......................... 108.30 %
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Assessment Rates
The Department will determine, and U.S. Customs and Border
Protection (``CBP'') shall assess, antidumping duties on all
appropriate entries. For these final results, Deseado received a
dumping margin based upon total AFA. We will, therefore, instruct CBP
to liquidate entries manufactured or exported by Deseado, according to
the AFA rate listed above. The Department intends to issue assessment
instructions to CBP 15 days after the date of publication of these
final results of review.
Cash Deposit Requirements
The following deposit requirements will be effective upon
publication of this notice of final results of administrative review
for all shipments of petroleum wax candles from the PRC entered, or
withdrawn from warehouse, for consumption on or after the date of
publication, as provided by section 751(a)(1) of the Act: (1) the cash
deposit rate for Deseado will be the rate indicated above; (2) for
previously investigated companies not listed above, the cash deposit
rate will continue to be the company-specific rate published for the
most recent period; (3) for all other PRC exporters of subject
merchandise which have not been found to be entitled to a separate
rate, the cash-deposit rate will be the PRC-wide rate of 108.30
percent; and (4) for all non-PRC exporters of subject merchandise, the
cash-deposit rate will be the rate applicable to the PRC supplier of
that exporter. These cash deposit requirements shall remain in effect
until further notice.
Notification to Interested Parties
This notice serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during the review period. Pursuant to 19 CFR
351.402(f)(3), failure to comply with this requirement could result in
the Department's presumption that reimbursement of antidumping duties
occurred and the subsequent assessment of doubled antidumping duties.
[[Page 52357]]
This notice also serves as a reminder to parties subject to
administrative protective order (``APO'') of their responsibility
concerning the disposition of proprietary information disclosed under
APO as explained in the administrative protective order itself. Timely
written notification of the return/destruction of APO materials or
conversion to judicial protective order is hereby requested. Failure to
comply with the regulations and the terms of an APO is a sanctionable
violation.
This determination and notice are issued and published in
accordance with sections 751(a) and 777(i)(1) of the Act.
Dated: September 7, 2007.
David M. Spooner,
Assistant Secretary for Import Administration.
Appendix I
Comment 1: Total Adverse Facts Available (``AFA'')
Comment 2:Separate Rate Status
Comment 3: Scope of the Antidumping Duty Order
Comment 4: Retroactive Application of the Anti-Circumvention
Determination
[FR Doc. E7-18068 Filed 9-12-07; 8:45 am]
BILLING CODE 3510-DS-S