[Federal Register Volume 64, Number 116 (Thursday, June 17, 1999)]
[Notices]
[Pages 32481-32485]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-15445]


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DEPARTMENT OF COMMERCE

International Trade Administration
[A-570-504]


Final Results of Expedited Sunset Review: Petroleum Wax Candles 
from the People's Republic of China

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

ACTION: Notice of final results of expedited sunset review: Petroleum 
wax candles from the People's Republic of China.

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SUMMARY: On January 4, 1999, the Department of Commerce (``the 
Department'') initiated a sunset review of the antidumping order on 
petroleum wax candles from the People's Republic of China (64 FR 364) 
pursuant to section 751(c) of the Tariff Act of 1930, as amended (``the 
Act''). On the basis of a notice of intent to participate and 
substantive comments filed on behalf of the domestic industry and 
inadequate response (in this case, no response) from respondent 
interested parties, the Department determined to conduct an expedited 
review. As a result of this review, the Department finds that 
revocation of the antidumping order would be likely to lead to 
continuation or recurrence of dumping at the levels indicated in the 
Final Results of Review section of this notice.

FOR FURTHER INFORMATION CONTACT: Scott E. Smith or Melissa G. Skinner, 
Office of Policy for Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
6397 or (202) 482-1560, respectively.

Effective Date: June 17, 1999.

Statute and Regulations

    This review was conducted pursuant to sections 751(c) and 752 of 
the Act. The Department's procedures for the conduct of sunset reviews 
are set forth in Procedures for Conducting Five-year (``Sunset'') 
Reviews of Antidumping and Countervailing Duty Orders, 63 FR 13516 
(March 20, 1998) (``Sunset Regulations''). Guidance on methodological 
or analytical issues relevant to the Department's conduct of sunset 
reviews is set forth in the Department's Policy Bulletin 98:3--
``Policies Regarding the Conduct of Five-year (``Sunset'') Reviews of 
Antidumping and Countervailing Duty Orders; Policy Bulletin, 63 FR 
18871 (April 16, 1998) (``Sunset Policy Bulletin'').

Scope

    The merchandise subject to this antidumping order is 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.1 This product is currently classified under 
Harmonized Tariff Schedule (HTS) item number

[[Page 32482]]

3406.00.00. The HTS item number is provided for convenience and U.S. 
Customs purposes. The written product description remains dispositive.
---------------------------------------------------------------------------

    \1\ There have been numerous clarifications to the scope of this 
order. For a complete listing of these clarifications, see Appendix 
A.
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    This review covers imports from all manufacturers and exporters of 
petroleum wax candles from the People's Republic of China.

Background

    On January 4, 1999, the Department initiated a sunset review of the 
antidumping order on petroleum wax candles from the People's Republic 
of China (63 FR 66527), pursuant to section 751(c) of the Act. The 
Department received a Notice of Intent to Participate on behalf of the 
National Candle Association (``NCA'') on January 15, 1999, within the 
deadline specified in Sec. 351.218(d)(1)(i) of the Sunset Regulations. 
The NCA claimed interested party status under section 771(9) of the 
Act.2 The NCA stated that it is a trade association 
comprised of 40 domestic producers of the subject merchandise. In 
addition, the NCA noted that it was the petitioner in the original 
investigation. We received a complete substantive response from the NCA 
on February 3, 1999, within the 30-day deadline specified in the Sunset 
Regulations under Sec. 351.218(d)(3)(i). We did not receive a 
substantive response from any respondent interested party to this 
proceeding. As a result, pursuant to 19 CFR 351.218(e)(1)(ii)(C), the 
Department determined to conduct an expedited, 120-day review of this 
order.
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    \2\ In its substantive response of February 3, 1999, the NCA 
claimed interested party status under section 771(9)(E) of the Act, 
as a trade association, a majority of whose members manufacture 
candles in the United States.
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Determination

    In accordance with section 751(c)(1) of the Act, the Department 
conducted this review to determine whether revocation of the 
antidumping order would be likely to lead to continuation or recurrence 
of dumping. Section 752(c) of the Act provides that, in making this 
determination, the Department shall consider the weighted-average 
dumping margins determined in the investigation and subsequent reviews 
and the volume of imports of the subject merchandise for the period 
before and the period after the issuance of the antidumping order, and 
shall provide to the International Trade Commission (``the 
Commission'') the magnitude of the margin of dumping likely to prevail 
if the order is revoked.
    The Department's determinations concerning continuation or 
recurrence of dumping and the magnitude of the margin are discussed 
below. In addition, the NCA's comments with respect to continuation or 
recurrence of dumping and the magnitude of the margin are addressed 
within the respective sections below.

Continuation or Recurrence of Dumping

    Drawing on the guidance provided in the legislative history 
accompanying the Uruguay Round Agreements Act (``URAA''), specifically 
the Statement of Administrative Action (``the SAA''), H.R. Doc. No. 
103-316, vol. 1 (1994), the House Report, H.R. Rep. No. 103-826, pt.1 
(1994), and the Senate Report, S. Rep. No. 103-412 (1994), the 
Department issued its Sunset Policy Bulletin providing guidance on 
methodological and analytical issues, including the bases for 
likelihood determinations. In its Sunset Policy Bulletin, the 
Department indicated that determinations of likelihood will be made on 
an order-wide basis (see section II.A.3). In addition, the Department 
indicated that normally it will determine that revocation of an 
antidumping order is likely to lead to continuation or recurrence of 
dumping where (a) dumping continued at any level above de minimis after 
the issuance of the order, (b) imports of the subject merchandise 
ceased after the issuance of the order, or (c) dumping was eliminated 
after the issuance of the order and import volumes for the subject 
merchandise declined significantly (see section II.A.3).
    In addition to considering guidance on likelihood provided in the 
Sunset Policy Bulletin and legislative history, section 751(c)(4)(B) of 
the Act provides that the Department shall determine that revocation of 
an order is likely to lead to continuation or recurrence of dumping 
where a respondent interested party waives its participation in the 
sunset review. In the instant review, the Department did not receive a 
response from any respondent interested party. Pursuant to 
Sec. 351.218(d)(2)(iii) of the Sunset Regulations, this constitutes a 
waiver of participation.
    The antidumping duty order on petroleum wax candles from People's 
Republic of China was published in the Federal Register on August 28, 
1986 (51 FR 30686). The Department has conducted one administrative 
review of this order.3 The order remains in effect for all 
manufacturers and exporters of the subject merchandise.
---------------------------------------------------------------------------

    \3\ See Petroleum Wax Candles from the People's Republic of 
China; Final Results of Antidumping Duty Administrative Review, 53 
FR 47742 (November 25, 1988).
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    In its substantive response, the NCA argues that revocation of the 
order against candles from the People's Republic of China would likely 
result in the continuation of dumping (see February 3, 1999 Substantive 
Response of the NCA at 10). With respect to whether dumping continued 
at any level above de minimis after the issuance of the order, the NCA 
states that the dumping margin has remained at 54.21 percent for all 
exports of the subject merchandise during the entire life of the order 
(see February 3, 1999 Substantive Response of the NCA at 11). Further, 
with respect to whether imports of the subject merchandise ceased after 
the issuance of the order, the NCA states that, following the 
imposition of the order, imports of the candles from the People's 
Republic of China decreased dramatically and remained relatively low 
for several years. The NCA argues, however, that there has been an 
increase in the imports of non-subject candles from the People's 
Republic of China in recent years. They believe the exclusion of 
certain types of candles from the order, through means of scope 
clarifications, has permitted an increase in the imports of candles 
that can enter the United States without restriction (see February 3, 
1999 Substantive Response of the NCA at 11).
    In conclusion, the domestic interested parties argued that the 
Department should determine that there is a likelihood that dumping 
continue if the order were to be revoked because (1) dumping margins 
have existed for all known exporters of the subject merchandise during 
the entire life of the order and (2) shipments of subject merchandise 
decreased significantly following the imposition of the order and have 
not regained their pre-order levels.
    In making its decision, the Department considered the existence of 
dumping margins and the volume of imports before and after the issuance 
of the order. As discussed in section II.A.3 of the Sunset Policy 
Bulletin, the SAA at 890, and the House Report at 63-64, if companies 
continue dumping with the discipline of an order in place, the 
Department may reasonably infer that dumping would continue if the 
discipline were removed. In the instant proceeding, a dumping margin of 
54.21 percent has existed throughout the life of the order for 
shipments of the subject merchandise from all Chinese producers/
exporters.4
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    \4\ The Department established a dumping margin of 54.21 percent 
for all producers, manufacturers, and exporters of the subject 
merchandise in the original investigation of this case (see 
Petroleum Wax Candles from the People's Republic of China: Final 
Determination of Sales at Less Than Fair Value, 51 FR 25085 (July 
19, 1986)). In the antidumping duty order, the Department published 
an ``all others'' rate of 54.21 percent as well as a 54.21 percent 
rate for China National Native Produce and Animal By-Product Import 
& Export Corp. (see Antidumping Duty Order: Petroleum Wax Candles 
From the People's Republic of China, 51 FR 30686 (August 28, 1986)). 
In the only administrative review of this order, the Department also 
published an ``all others'' rate of 54.21 percent as well as 54.21 
percent rate for P&C Enterprises (Hong Kong) (see Petroleum Wax 
Candles from the People's Republic of China; Final Results of 
Antidumping Duty Administrative Review, 53 FR 47742 (November 25, 
1988)).

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[[Page 32483]]

    Consistent with section 752(c) of the Act, the Department also 
considered the volume of imports of the subject merchandise before and 
after issuance of the order. The statistics on imports of petroleum wax 
candles between 1983 and 1998, provided by the domestic interested 
parties and confirmed by U.S. Census Bureau IM146 reports, indicate 
that annual imports of candles from the People's Republic of China 
covered under the HTSUS item number decreased sharply the year the 
order was created but, in recent years, have again increased and even 
surpassed the levels attained prior to the imposition of the order. The 
NCA argues that a substantial portion of the increase in import volumes 
of merchandise covered by the HTSUS item number may be attributed to 
merchandise determined by the Department to be excluded from the scope 
of the order and is, therefore, not relevant to this sunset 
determination.5 Nonetheless, the Department can confirm, 
through an examination of U.S. Census Bureau IM146 Reports, that 
imports of subject merchandise continue in substantial quantities.
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    \5\ See Appendix A for a list of scope determinations made in 
this case.
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    We find that the existence of a deposit rate above a de minimis 
level coupled with the continued exportation of subject merchandise is 
highly probative of the likelihood of continuation or recurrence of 
dumping. The SAA at 890, and the House Report at 63-64, state that the 
``(e)xistence of dumping margins after the order, or the cessation of 
imports after the order, is highly probative of the likelihood of 
continuation or recurrence of dumping. If companies continue to dump 
with the discipline of an order in place, it is reasonable to assume 
that dumping would continue if the discipline were removed.'' A dumping 
margin continues in effect for exports of the subject merchandise by 
all known PRC exporters. Therefore, given that dumping has continued 
over the life of the order and respondent interested parties have 
waived their right to participate in this review before the Department, 
and absent argument and evidence to the contrary, the Department 
determines that, consistent with Section II.A.3 of the Sunset Policy 
Bulletin, dumping is likely to continue if the order were revoked.

Magnitude of the Margin

    In the Sunset Policy Bulletin, the Department stated that it will 
normally provide to the Commission the margin that was determined in 
the final determination in the original investigation. Further, for 
companies not specifically investigated or for companies that did not 
begin shipping until after the order was issued, the Department 
normally will provide a margin based on the ``all others'' rate from 
the investigation. (See section II.B.1 of the Sunset Policy Bulletin.) 
Exceptions to this policy include the use of a more recently calculated 
margin, where appropriate, and consideration of duty absorption 
determinations. (See sections II.B.2 and 3 of the Sunset Policy 
Bulletin.)
    The Department, in its final determination of sales at less than 
fair value, published a weighted-average dumping margin for all 
producers, manufacturers, and exporters of petroleum wax candles from 
the People's Republic of China (51 FR 25085, July 10, 1986). The 
Department has not issued any duty absorption findings in this case.
    In its substantive response, the NCA states that the dumping margin 
established in the original investigation is at least as high as the 
margin likely to prevail if the order were revoked. The NCA, echoing 
the guidance provided by the Sunset Policy Bulletin, argues that this 
margin best reflects the behavior of the PRC exporters absent the 
constraints of an antidumping order (see February 3, 1999 Substantive 
Response of the NCA at 12).
    The Department agrees with the NCA's argument concerning the choice 
of the margin rate to report to the Commission. An examination of the 
margin history of the order as well as an examination of import 
statistics of the subject merchandise, as provided by U.S. Census 
Bureau IM146 Reports, confirms that dumping margins have existed 
throughout the life of the order and that imports of the subject 
merchandise continue.
    The Department finds the margin from the original investigation is 
the only calculated rate that reflects the behavior of producers and 
exporters without the discipline of the order. Therefore, consistent 
with the Sunset Policy Bulletin, we determine that the margin 
calculated in the Department's original investigation is probative of 
the behavior of PRC producers and exporters of petroleum wax candles if 
the order were revoked. We will report to the Commission the country-
wide rate from the original investigation contained in the Final 
Results of Review section of this notice.

Final Results of Review

    As a result of this review, the Department finds that revocation of 
the antidumping order would likely lead to continuation or recurrence 
of dumping at the margins listed below:

------------------------------------------------------------------------
                                                                Margin
                   Manufacturer/exporter                      (percent)
------------------------------------------------------------------------
All Chinese Manufacturers/Exporters........................        54.21
------------------------------------------------------------------------

    This notice serves as the only reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305 of the Department's regulations. 
Timely notification of 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 five-year (``sunset'') review and notice are in accordance 
with sections 751(c), 752, and 777(i)(1) of the Act.

    Dated: June 11, 1999.
Robert S. LaRussa,
Assistant Secretary for Import Administration.

Appendix A

    The following is a list of scope clarifications issued by the 
Department, the date of the determination, and the party who 
requested the clarification.
    Please note that scope requests received after July 1, 1997 have 
been analyzed pursuant to the Department's revised scope regulations 
(19 CFR part 351).

------------------------------------------------------------------------
                                                        Department's
            Date                Interested party        determination
------------------------------------------------------------------------
6 Jan 99....................  Meijer..............  Wax-filled container
                                                     (rabbit-shaped)
                                                     within scope.

[[Page 32484]]

 
24 Dec 98...................  Endar...............  ``Floating'' candle
                                                     within scope.
18 Dec 98...................  Boston Warehouse....  Citronella outdoor
                                                     candle not within
                                                     scope.
18 Dec 98...................  Ocean State Jobbers.  80% beeswax, 20%
                                                     petroleum wax
                                                     candles not within
                                                     scope.
15 Dec 98...................  Target Stores.......  Citronella outdoor
                                                     candles not within
                                                     scope.
11 Dec 98...................  Et Al. Imports......  80% beeswax, 20%
                                                     petroleum wax
                                                     candles not within
                                                     scope.
10 Dec 98...................  Costco Wholesale....  81% beeswax, 19%
                                                     petroleum wax
                                                     candles not within
                                                     scope.
31 Aug 98...................  Leader Light........  Parffin/palm oil in
                                                     stearic acid shell
                                                     in scope wax-filled
                                                     container.
24 Aug 98...................  Kohl's..............  Various; gold rope,
                                                     angel, and vine
                                                     decorated in scope;
                                                     star and tree w.f.
                                                     containers in
                                                     scope; container
                                                     with Xmas scene
                                                     outside scope.
2 Jul 98....................  Et Al. Imports......  Bamboo-shaped candle
                                                     outside scope.
11 Jul 98...................  Meijer, Inc.........  Various candles and
                                                     w.f. containers
                                                     (see scope ruling);
11 Jun 98...................  Meijer, Inc.........  Sweetheart tapers
                                                     and wax-filled
                                                     glass containers
                                                     with decorative
                                                     hearts are within
                                                     the scope of the
                                                     order. A wax-filled
                                                     porcelain bunny,
                                                     and Easter taper
                                                     with a chick
                                                     attached, an Easter
                                                     bunny head teal
                                                     light, a Valentine
                                                     heart teal light, a
                                                     heart-shaped candle
                                                     on a heart base, a
                                                     ``candy kiss''
                                                     candle, and a
                                                     ``bunny long ears''
                                                     flame are outside
                                                     the scope of the
                                                     order.
6 May 98....................  Polardreams Inc.....  Granular petroleum
                                                     wax candle kits are
                                                     within the scope of
                                                     the order.
16 Mar 98...................  American Drug Stores  Spherical ``wax
                                                     veneer'' candle
                                                     outside scope.
15 Dec 97...................  Meijer, Inc.........  Gold/green rectangle
                                                     ``Noel'' outside
                                                     scope, gold/green
                                                     rectangle ``Joy'',
                                                     ``Peace'' candles
                                                     in scope; flame
                                                     candle in scope;
                                                     wax-filled
                                                     Valentines candle
                                                     mug outside scope.
Filed Incorrectly...........  Fimax, Inc..........  Decorated spherical
                                                     candles; received 3
                                                     Sep 97; contacted
                                                     about correcting
                                                     deficiencies but no
                                                     reply.
25 Sep 97...................  Russ Berrie.........  Heart-shaped
                                                     ``trinket box''
                                                     candle in scope;
8 Sep 97....................  Meijer, Inc.........  Four terra cotta
                                                     containers in
                                                     scope; jack-o'-
                                                     lantern out;
2 Sep 97....................  Russ Berrie.........  Star-shaped
                                                     ``confetti'' pillar
                                                     is within scope.
15 Sep 97...................  Indio Products, Inc.  Assorted tapers,
                                                     columns and votives
                                                     in scope.
25 Sep 97...................  M.G. Maher..........  Red spiral candles
                                                     in scope;
9 Apr 97....................  Dollar Tree Stores..  Holly taper is
                                                     outside scope.
9 Apr 97....................  Hallmark Cards......  Red/white candle
                                                     packaged as
                                                     peppermint candy is
                                                     within scope.
9 Apr 97....................  Inst. Financing       Red/white candle
                               Services.             packaged as
                                                     peppermint candy is
                                                     within scope.
Pending.....................  Ocean State Jobbers.  80/20 beeswax/
                                                     petroleum wax
                                                     tapers and votives;
                                                     received 3 Sep 96;
                                                     no deadline.
Withdrawn...................  Sun-It Corp.........  Citronella tapers;
                                                     received 27 Jun 96;
                                                     no deadline.
Terminated..................  Cost Plus...........  Beeswax/petroleum
                                                     wax tapers; request
                                                     withdrawn by Cost
                                                     Plus.
9 Dec 96....................  Mervyn's............  Cube candle with sun
                                                     face is within
                                                     scope.
30 Oct 96...................  Midwest of Cannon     Certain pillars,
                               Falls.                Easter taper are
                                                     in; asparagus stalk
                                                     is outside scope;
                                                     Cube, oblong within
                                                     scope.
30 Oct 96...................  Enesco Corp.........  Holiday candles,
                                                     disc-shaped candle
                                                     are outside scope;
                                                     Cube, birthday
                                                     within scope.
28 Oct 96...................  Russ Berrie Co., Inc  Heart-shaped terra
                                                     cotta container is
                                                     within scope.
26 Aug 96...................  Delightful            75/25 beeswax/
                               Dimensions.           petroleum wax
                                                     tapers are within
                                                     scope ``until
                                                     otherwise notified
                                                     by the
                                                     Department.'' (USCS
                                                     classification
                                                     ruling).
Terminated..................  Kendal King Graphics  Holiday wax-filled
                                                     tins; terminated 29
                                                     Aug 96 at Kendal's
                                                     request.
25 Sep 96...................  Springwater           Christmas feather
                               Confection vs. the    candle is within
                               United States.        scope, holly
                                                     feather candle is
                                                     outside scope (Slip
                                                     Op. 96-160 CIT;
                                                     remand of 14 Feb 95
                                                     ruling).
24 Jun 96...................  Morris Friedman & Co  Wax-filled bucket,
                                                     wax-filled glass
                                                     containers are
                                                     within scope.
28 Sep 95...................  Concept Marketing...  ``Safe-2-Lite''
                                                     candle is outside
                                                     scope because it is
                                                     a utility candle.
16 May 95...................  Sun It Corporation..  ``Flag Lites,''
                                                     ``Porch Torch,''
                                                     ``Gigantic Fruit,''
                                                     Pumpkin candles are
                                                     outside scope.
Terminated..................  Boomster Imports....  Cube candle;
                                                     terminated 6 Jul
                                                     95.
Terminated..................  Kmart Corporation...  Holiday pillar
                                                     candles; terminated
                                                     26 Jun 95.
14 Feb 95...................  Watkins Incorporated  Holiday pillar
                                                     candle is outside
                                                     scope.
14 Feb 95...................  Springwater           ``Feather'' spiral
                               Confection.           candles are within
                                                     scope (remanded by
                                                     CIT; see 13 May 96,
                                                     above).
13 Jan 95...................  Two's Company.......  Taper with holiday
                                                     figurine is outside
                                                     scope; pillar
                                                     candles with
                                                     decorations are
                                                     within scope.

[[Page 32485]]

 
16 Dec 94...................  Lew-Mark............  Wax-filled ``pansy''
                                                     tins are within
                                                     scope.
Terminated..................  Scentex, Inc........  Candles containing
                                                     potpourri; candles
                                                     produced in Macau;
                                                     terminated 7 Sep
                                                     94.
27 Jul 94...................  Star Merchandise Co.  Certain citronella
                               Inc.                  candles outside
                                                     scope; candles in
                                                     holiday tins
                                                     outside scope;
                                                     certain wax-filled
                                                     containers are
                                                     within scope.
27 Jul 94...................  Success Sales Co....  Holiday pillar
                                                     candles are outside
                                                     scope.
27 Jul 94...................  West Coast            Tapers with holiday
                               Liquidators.          figurines and
                                                     candles molded as
                                                     identifiable
                                                     objects are outside
                                                     scope.
6 Jun 94....................  Kole Imports........  Tapers with holiday
                                                     figurines are
                                                     outside scope
6 Jun 94....................  A J Cohen Co........  Tapers with holiday
                                                     figurines are
                                                     outside scope.
30 Sep 93...................  Cherrydale Farms....  Currier & Ives
                                                     holiday tins are
                                                     outside scope.
30 Sep 93...................  Hallmark Cards, Inc.  ``Party'' rounds are
                                                     within scope;
                                                     certain wedding
                                                     candles are outside
                                                     scope.
10 Jun 93...................  San Francisco Candle  Certain mushroom,
                                                     oval/egg, and
                                                     spherical candles
                                                     are outside scope.
7 Jun 93....................  Primark.............  Certain wax-filled
                                                     tins with Santa
                                                     Claus designs are
                                                     outside scope;
                                                     other wax-filled
                                                     tins within scope.
9 Apr 93....................  Trade Advisory Group  Certain terra cotta
                                                     candles are within
                                                     scope.
9 Apr 93....................  Garrett Hewitt,       ``Giorgio'' candles
                               Int'l.                are within scope.
12 Feb 93...................  Simcha Candle Co....  ``Household''
                                                     candles are outside
                                                     scope; certain
                                                     tealight candles
                                                     are within.
17 Mar 92...................  Wolf D. Barth Co....  Van Gogh
                                                     ``sculpture'' and
                                                     Monet spiral are
                                                     within scope.
11 Dec 91...................  W.M. Stone & Co.....  Easter holiday
                                                     tapers are outside
                                                     scope (USCS
                                                     ruling).
4 Nov 91....................  San Francisco Candle  Moonlite and
                                                     Candylite candles
                                                     are within scope.
3 Sep 91....................  Fabri-Centers, Inc..  Certain citronella
                                                     candles are outside
                                                     scope.
2 Jul 90....................  Rite Aid Corp.......  Certain holiday
                                                     tapers are outside
                                                     scope (USCS
                                                     ruling).
20 Mar 89...................  U.S. Customs Service  ``Party'' candles
                               CIE N-212/85; Supp.   (6\5/8\ by \1/8\)
                               8.                    are outside scope
                                                     Ruling issued
                                                     directly to USCS.
                                                     in ltr to A R
                                                     Beikirch, USCS, 8
                                                     Feb 89.
21 Sep 87...................  U.S. Customs Service  Certain novelty
                               CIE N-212/85; Supp.   candles w/scenes or
                               6.                    symbols outside
                                                     scope; numeral and
                                                     ``identifiable
                                                     object'' candles
                                                     outside scope.
9 Sep 87....................  West Coast            Certain holiday
                               Liquidators.          pillars and tapers
                                                     are outside scope
                                                     (USCS ruling).
23 Aug 87...................  Carmichael            Certain novelty
                               International.        candles are outside
                                                     scope.
23 Jul 87...................  Empire Candle Co....  Candles with metal-
                                                     cored wicks are
                                                     within scope.
13 Jul 87...................  Giftco, Inc.........  Candles w/raised
                                                     holiday motifs are
                                                     outside scope (see
                                                     CIE N-212/85, Supp.
                                                     6, 21 Sep 87).
30 Oct 86...................  Global Marketing      Certain tapers with
                               Services.             permanently
                                                     attached figurines
                                                     are outside scope.
------------------------------------------------------------------------

[FR Doc. 99-15445 Filed 6-16-99; 8:45 am]
BILLING CODE 3510-DS-P