[Federal Register: April 19, 2004 (Volume 69, Number 75)]
[Notices]
[Page 20858-20859]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19ap04-42]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-504]
Amended Notice of Final Results of the Antidumping Duty
Administrative Review: Petroleum Wax Candles from the People's Republic
of China
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On March 15, 2004, the Department of Commerce (Department)
published the final results of its administrative review of the
antidumping duty order on petroleum wax candles from the People's
Republic of China (PRC) for the period from August 1, 2001 to July 31,
2002 in the Federal Register. See Notice of Final Results and
Rescission, In Part, of the Antidumping Duty Administrative Review:
Petroleum Wax Candles from the People's Republic of China, 69 Fed. Reg.
12121 (March 15, 2004) (Final Results). We are amending our Final
Results to correct ministerial errors alleged by the National Candle
Association (the Petitioner) pursuant to section 751(h) of the Tariff
Act of 1930, as amended (the Act).
EFFECTIVE DATE: April 19, 2004.
FOR FURTHER INFORMATION CONTACT: Sally Gannon at (202) 482-0162 or Mark
Hoadley at (202) 482-3148, Office of AD/CVD Enforcement VII, Import
Administration, International Trade Administration, U.S. Department of
Commerce, 14th Street and Constitution Avenue, NW., Washington, DC
20230.
SUPPLEMENTARY INFORMATION:
Scope of the Antidumping Order
The products covered by this 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; rounds, columns, pillars,
votives; and various wax-filled containers. The products were
classified under the Tariff Schedules of the United States (TSUS) item
755.25, Candles and Tapers. The products are currently classified under
the Harmonized Tariff Schedule of the United States, Annotated for
Statistical Reporting Purposes (2004) (HTSUS) item 3406.00.00. Although
the HTSUS subheading is provided for convenience and customs purposes,
our written description of the scope of this proceeding remains
dispositive.
Amendment of Final Results
On March 15, 2004, the Department published the final results for
its review of the antidumping duty order on petroleum wax candles from
the PRC. See Final Results. On March 23, 2004, in accordance with
section 751(h) of the Act and 19 C.F.R. 351.224(c)(2), the Petitioner
timely filed an allegation that there were ministerial errors in the
Final Results. The Petitioner contends that in the Final Results, the
Department erred in its calculations of surrogate values from the
Indian import data used by the Department as the basis for valuation of
certain of the factors of production. Dongguan Fay Candle Co., Ltd.
(the Respondent) did not allege any ministerial errors, nor did they
rebut the Petitioner's allegations. The Petitioner alleges two types of
ministerial errors.
For the following factors of production: Masonite board, Styrofoam,
wick, metal plate, metal stand, metal star, and wick stand, the
Petitioner alleges that the Department incorrectly multiplied the value
of Indian imports by 100 million rupees (100,000,000 rupees), instead
of the correct figure of one billion rupees (1,000,000,000 rupees),
prior to division by the quantity of imports in kilograms. The
Petitioner notes that the Indian import data is provided in billions of
rupees, and, therefore, must be multiplied by 1,000,000,000 rupees in
the Department's formula to calculate the correct surrogate value. The
Petitioner states that the correct multiplier was used in other
comparable formulas for other factors of production calculations
disclosed by the Department in this case. The Petitioner suggests the
following formula in order to correct the surrogate value for these
inputs:
(sum of total value * 1,000,000,000 rupees) / sum of total quantity
For banding strap, the Petitioner alleges that the Department used
average unit values in rupees per kilogram, instead of the Indian price
data in the numerator of the formula used to calculate the surrogate
value. As a result, according to the Petitioner,
[[Page 20859]]
when the average unit values were summed, the calculated total was not
the total value of imports. The Petitioner suggests that the Department
use the Indian import data to calculate the surrogate value for banding
strap in order to correct this ministerial error.
The Act, as well as the Department's regulations, define a
ministerial error as one involving ``addition, subtraction, or other
arithmetic function, clerical errors resulting from inaccurate copying,
duplication, or the like, and any other type of unintentional error
which the Secretary considers ministerial.'' See section 751(h) of the
Act and 19 CFR 351.224(f).
After reviewing Petitioner's allegations, we have determined that
the alleged errors are ministerial errors pursuant to section 751(h) of
the Act and 19 CFR 351.224(f). Therefore, we are amending the Final
Results to correct the above-described ministerial errors. First, the
Petitioner is correct that to calculate the total Indian import values,
the value in the statistics must be multiplied by one billion rupees.
Therefore, for Masonite board, Styrofoam, wick, metal plate, metal
stand, metal star, and wick stand, we are amending the formula used to
calculate the surrogate values to reflect that the data are provided in
billions of Indian Rupees. As stated above, the correct formula used
for these amended final results is: (sum of total value *
1,000,000,000) / sum of total quantity. See Memorandum to the File
through Sally Gannon from Sebastian Wright Regarding Correction of
Ministerial Errors in the Determination of Surrogate Values for Use in
the Amended Final Results of the Administrative Review of Petroleum Wax
Candles from the People's Republic of China, dated April 2, 2004
(Ministerial Error Memo). (This memorandum is on the record of this
review and is on file in room B-099 of the Central Records Unit of the
main Department of Commerce building.) With regard to banding strap, we
agree that the Department inadvertently used average unit values rather
than total import values to calculate the surrogate value. Therefore,
we used the Indian import total value data for banding strap as
provided by the World Trade Atlas for the period of review. See
Ministerial Error Memo.
Amended Final Results of Review
In the Final Results, the Department determined that the
Respondent, Shandong Jiaye General Merchandise Co., Ltd. (Shandong
Jiaye) , and Shanghai Charming Wax Co., Ltd. (Shanghai Charming) each
remained eligible for a separate, company-specific rate. We also
determined to apply total adverse facts available (AFA) to the PRC
entity. See Final Results. As AFA, and as the PRC-wide rate, the
Department assigned Fay Candle's calculated rate from the instant
review, which was the highest rate determined in the current or any
previous segment of this proceeding. See Final Results. As a result of
correcting the ministerial errors described supra, we are amending the
rates for each company that we determined was eligible for a separate
rate, and for the PRC entity rate, as stated below. We are also
amending the AFA rate, which we applied to the 97 companies identified
in Attachment II of the Final Results, to reflect the ministerial
corrections.
We determine that the following percentage margins exist for the
period August 1, 2001 through July 31, 2002.
------------------------------------------------------------------------
Manufacturer/Exporter Margin
------------------------------------------------------------------------
Dongguan Fay Candle Co., Ltd......................... 108.30 percent
Shanghai Charming Wax Co., Ltd....................... 108.30 percent
Shandong Jiaye General Merchandise Co., Ltd.......... 108.30 percent
PRC-Wide Rate........................................ 108.30 percent
------------------------------------------------------------------------
Assessment and Cash Deposit Requirements
The following deposit requirements will be effective upon
publication of these amended final results for this 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)(2)(C) of the Act: (1) the
cash deposit rates for Fay Candle, Shanghai Charming, and Shandong
Jiaye will be the rates listed above in the ``Amended Final Results of
Review'' section; (2) for previously-reviewed PRC and non-PRC exporters
with separate rates, the cash deposit rate will be the company-specific
rate established for the most recent period; (3) for all other PRC
exporters, the cash deposit rate will be the new PRC-wide rate, as
listed above in the ``Amended Final Results of Review'' section; and,
(4) for all other non-PRC exporters, the cash deposit rate will be the
rate applicable to the PRC exporter that supplied that exporter. These
deposit requirements shall remain in effect until publication of the
final results of the next administrative review.
Accordingly, the Department will determine, and U.S. Customs and
Border Production (CBP) shall assess, antidumping duties on all
appropriate entries. The Department will issue appropriate assessment
instructions directly to CBP within 15 days of publication of these
amended final results of review.
We are issuing and publishing this determination and notice in
accordance with sections 751(a)(1), 751(h), and 777(i)(1) of the Act
and 19 C.F.R. 351.224(f).
Dated: April 12, 2004.
Jeffrey A. May,
Acting Assistant Secretary for Import Administration.
[FR Doc. 04-8800 Filed 4-16-04; 8:45 am]