[Federal Register Volume 66, Number 49 (Tuesday, March 13, 2001)]
[Notices]
[Pages 14545-14546]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-6230]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-504]


Petroleum Wax Candles From the People's Republic of China: Final 
Results of Antidumping Duty Administrative Review

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

ACTION: Notice of final results of antidumping duty administrative 
review of petroleum wax candles from the People's Republic of China.

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SUMMARY: On September 7, 2000, the Department of Commerce (the 
Department) published the preliminary results of the administrative 
review of the antidumping duty order on petroleum wax candles from the 
People's Republic of China (PRC) (65 FR 54224) (Preliminary Results). 
This review covers 21 respondents. The period of review is August 1, 
1998 through July 31, 1999. Based on our analysis of the comments 
received, we have made no changes to the Preliminary Results and 
therefore continue to find that all 21 respondents should be assigned a 
dumping margin based upon the facts otherwise available. The final 
dumping margin for the reviewed firms is listed below in the section 
entitled ``Final Results of the Review.''

EFFECTIVE DATE: March 13, 2001.

FOR FURTHER INFORMATION CONTACT: Matthew Renkey at (202) 482-2312 or 
Abdelali Elouaradia at (202) 482-1374, Import Administration, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street and Constitution Avenue, NW., Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

The Applicable Statute and Regulations

    Unless otherwise indicated, all citations to the Tariff Act of 
1930, as amended (the Act), are references to the provisions effective 
January 1, 1995, the effective date of the amendments made to the Act 
by the Uruguay Round Agreements Act (URAA). In addition, unless 
otherwise indicated, all citations to the Department's regulations are 
to 19 CFR part 351 (2000).

Background

    On September 7, 2000, the Department published the Preliminary 
Results of the administrative review of the antidumping duty order on 
petroleum wax candles from the PRC. (65 FR 54224). We invited parties 
to comment on the Preliminary Results of the review. On October 12, 
2000, the respondent Universal Candle Company, Ltd. (Universal) filed 
its case brief. On October 13, 2000, the petitioner, National Candle 
Association, and respondents Liaoning Native Product Import and Export 
Corporation and Tianjin Native Produce Imp. & Exp. Group Corp., Ltd. 
(Liaoning and Tianjin, respectively) filed their case briefs. On 
October 20, 2000, the petitioner and Universal filed rebuttal briefs. 
On November 1, 2000, a public hearing was held with respect to this 
review. The Department has conducted this administrative review in 
accordance with section 751 of the Act.

Scope of the Antidumping Duty Order

    Merchandise covered by this review includes 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 are 
currently classified under the

[[Page 14546]]

Harmonized Tariff Schedule of the United States (HTSUS) item 
3406.00.00. Although the HTSUS subheading is provided for convenience 
and customs purposes, our written description of the scope of the order 
remains dispositive.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this administrative review are addressed in the ``Issues and Decision 
Memorandum'' (Decision Memo) from Joseph A. Spetrini, Deputy Assistant 
Secretary, Import Administration, to Bernard T. Carreau, fulfilling the 
duties of Assistant Secretary for Import Administration, dated March 6, 
2001, which is hereby adopted by this notice.
    A list of the issues which parties have raised and to which we have 
responded, all of which are in the Decision Memo, is attached to this 
notice as an Appendix. Parties can find a complete discussion of all 
issues raised in this review and the corresponding recommendations in 
this public memorandum, which is on file in the Central Records Unit, 
room B-099 of the main Department building. In addition, a complete 
version of the Decision Memo can be accessed directly on the Web at 
http://ia.ita.doc.gov/frn/frnhome.htm. The paper copy and electronic 
version of the Decision Memo are identical in content.

Changes Since the Preliminary Results

    Based on our review of comments received, we have made no changes 
in the margin for the final results.

Final Results of Review

    We determine that the following margin exists for the period August 
1, 1998, through July 31, 1999:

Petroleum Wax Candles

------------------------------------------------------------------------
                                                               Margin
                   Manufacturer/exporter                      (percent)
------------------------------------------------------------------------
People's Republic of China Country-Wide Rate..............        54.21
------------------------------------------------------------------------

Liquidation

    The Department shall determine, and Customs shall assess, 
antidumping duties on all appropriate entries. The Department will 
issue appraisement instructions directly to Customs.

Cash Deposit Requirements

    The following cash 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 publication 
date, as provided for by section 751(a)(2)(C) of the Act: (1) For all 
PRC exporters, all of which were found not to be entitled to separate 
rates, the cash-deposit rate will be the PRC country-wide rate, which 
is 54.21 percent; and (2) for all non-PRC exporters of subject 
merchandise from the PRC, the cash-deposit rate will be the rate 
applicable to the PRC supplier of that exporter. These deposit 
requirements, when imposed, shall remain in effect until publication of 
the final results of the next administrative review.

Reminders

    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f) to file a certificate regarding 
the reimbursement of antidumping duties prior to liquidation of the 
relevant entries during this review period. Failure to comply with this 
requirement could result in the Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of doubled antidumping duties.
    This notice also serves as a reminder to parties subject to 
administrative protective orders (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305. 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 terms of an APO is a violation which is 
subject to sanction.
    We are issuing and publishing this determination and notice in 
accordance with sections 751(a)(1) and 777(i) of the Act.

    Dated: March 6, 2001.
Timothy J. Hauser,
Acting Under Secretary for International Trade.

Appendix

List of Issues

1. Use of Adverse Facts Available
2. Separate Rates
3. Cost Allocation Methodology/Adequacy of Information
4. Request for Issuance of Additional Supplemental Questionnaires
5. Options for Dumping Margin
6. Inappropriate Dumping Margin

[FR Doc. 01-6230 Filed 3-12-01; 8:45 am]
BILLING CODE 3510-DS-P