For Immediate Release: October 2, 2006
FACT SHEET
Commerce Finds Mixed-Wax Candles Are Later-Developed Products
of Petroleum Wax Candles
On October 2, the Department of Commerce announced its final determination of circumvention of the antidumping duty order on petroleum wax candles from the People's Republic of China (PRC).
Commerce determined that mixed-wax candles composed of petroleum wax and more than 50 percent or more palm and/or other vegetable oil-based waxes (mixed-wax candles) are later-developed products of petroleum wax candles.
In addition, Commerce has 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 .
On February 25, 2005, Commerce concurrently initiated later-developed merchandise and minor alterations anticircumvention inquiries on mixed-wax candles. Due to the issuance of the affirmative final determination that mixed-wax candles are a later-developed product, the minor alterations anticircumvention inquiry has been rescinded, as the products subject to that inquiry have already been determined to be within the scope of the order.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; round, columns, pillars, votives; and various wax-filled containers. The products were classified under subheading 755.25 of the Tariff Schedules of the United States. The products covered are currently classified under subheading 3406.00.00 of the Harmonized Tariff Schedule of the United States (HTSUS). Although the HTSUS subheading is provided for convenience and Customs purposes, our written description remains dispositive.
From 2004 to 2005, imports of candles from the PRC decreased 32.29% by volume and were valued at an estimated $126 million in 2005.
NEXT STEPS
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Commerce will require suspension of liquidation of entries of mixed-wax candles, containing any amount of petroleum wax, from the PRC that were entered, or withdrawn from warehouse, for consumption on or after February 25, 2005, the date of initiation of this anticircumvention inquiry.
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U.S Customs and Border Protection will require a cash deposit in the amount of 108.30 percent for all such unliquidated entries, which is the most recently calculated PRC-wide rate.
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However, interested parties may submit a scope request, pursuant to section 351.225(c) of Commerce's regulations, regarding whether a certain type of mixed-wax candle is outside the scope of the order.
FINAL RATES:
Merchandise Subject to Suspension of Liquidation |
Cash Deposit Amount (PRC-wide rate) |
Mixed-Wax Candles Containing Any
Amount of Petroleum Wax |
108.30 % |
Case Calendar :
EVENT |
DATE |
Petition Filed |
October 8, 2004 |
Anticircumvention Inquiry Initiated |
February 25, 2005 |
DOC Preliminary Determination |
June 2, 2006 |
DOC Final Determination |
September 29, 2006 |
Import Statistics:
Petroleum Wax Candles |
2002 |
2003 |
2004 |
2005 |
Value (USD) |
$160,595,833 |
$165,320,212 |
$197,643,517 |
$126,034,894 |
Volume (kg) |
79,000,643 |
83,300,550 |
94,381,144 |
59,328,534 |
Source: U.S. ITC Trade DataWeb for HTS 3406.00.00. The subject merchandise falls under a "basket" category, and therefore data for the exact import quantities and values are unavailable.