[Federal Register Volume 67, Number 117 (Tuesday, June 18, 2002)]
[Notices]
[Pages 41395-41397]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-15341]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-504]


Petroleum Wax Candles from the People's Republic of China: Notice 
of Final Results of New Shipper Review

AGENCY: Import Administration, International Trade Administration, U.S. 
Department of Commerce.
SUMMARY: On January 24, 2002, the Department of Commerce (the 
Department) published the preliminary results of its new shipper review 
of the antidumping duty order on petroleum wax candles from the 
People's Republic of China (PRC). See Preliminary Results of 
Antidumping Duty New Shipper Review: Petroleum Wax Candles from the 
People's Republic of China, 67 FR 3478 (January 24, 2002) (Preliminary 
Results). The new shipper review covers the period August 1, 2000 
through January 31, 2001.
    Based on our analysis of comments received, we have made changes to 
the margin calculations. Therefore, the final

[[Page 41396]]

results differ from the preliminary results. The final weighted-average 
dumping margin for the reviewed firm is listed below in the section 
entitled ``Final Results of Review.''

EFFECTIVE DATE: June 18, 2002.

FOR FURTHER INFORMATION CONTACT: Sally Gannon or Javier Barrientos 
Antidumping/Countervailing Duty Enforcement Office VII, Import 
Administration, International Trade Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue, NW, Washington DC 20230; 
telephone (202) 482-0162 and (202) 482-2243, respectively.

SUPPLEMENTARY INFORMATION:

Applicable Statute

    Unless otherwise indicated, all citations to the statute are 
references to the Tariff Act of 1930 (the Act), as amended. In 
addition, unless otherwise indicated, all citations to the Department's 
regulations are to the regulations codified at 19 CFR part 351 (2001). 
The Department has conducted this new shipper review in accordance with 
section 751 of the Act.

Background

    The company covered by this new shipper review is Shanghai New Star 
Im/Ex Co., Ltd. (New Star). Since the publication of the Preliminary 
Results, the following events have occurred. On February 13, 2002, we 
received a timely submission of publicly available information on the 
surrogate values for petroleum wax candles from the National Candles 
Association, petitioner in this proceeding. On February 24, 2002, we 
received case briefs from New Star and petitioner. On March 4, 2002, we 
received rebuttal briefs from New Star and petitioner. New Star's 
briefs were filed not only on its own behalf, but also on behalf of its 
U.S. importer. On April 12, 2002, the Department issued its notice of 
extension of the time limit for the final results of the antidumping 
new shipper review to May 30, 2002. See Petroleum Wax Candles from the 
People's Republic of China: Notice of Extension of Time Limit for Final 
Results of the Antidumping New Shipper Review, (67 FR 19160, April 18, 
2002). On May 7, 2002, the Department held a public hearing. The 
Department has now completed this review in accordance with section 751 
(a)(2)(B) of the Act.

Scope of Antidumping Duty 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 (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.

Analysis of Comments Received

    All issues raised in the briefs filed by parties to this new 
shipper review are addressed in the Memorandum from Joseph A. Spetrini, 
Deputy Assistant Secretary for AD/CVD Enforcement Group III, to Faryar 
Shirzad, Assistant Secretary for Import Administration: Issues and 
Decision Memorandum for the Final Results of the Antidumping New 
Shipper Review of Petroleum Wax Candles from the People's Republic of 
China, dated May 30, 2001 (Decision Memo), 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 Commerce Building. In addition, a complete 
version of the Decision Memo can be accessed directly on the internet 
at http://ia.ita.doc.gov. The paper copy and electronic version of the 
Decision Memo are identical in content.

Separate Rates

    In the Preliminary Results, we found that New Star met the 
requirements for receiving a separate rate. No new information or 
evidence of changed circumstances has been presented since then to 
warrant reconsideration of this finding. Accordingly, New Star has been 
assigned a separate rate, the rate listed below under ``Final Results 
of Review,'' for purposes of these final results.

Changes Since the Preliminary Results

    Based on our analysis of comments received, we have made certain 
changes in the margin calculations. These include changes to the : time 
period chosen for factor values; inflation adjustment for electricity; 
percent factors for factory overhead, SG&A, and profit; and, foreign 
port brokerage, handling, and loading costs. For a discussion of the 
issues and changes made, refer to the Decision Memo.

Final Results of Review

    We determine that the following weighted-average margin exists for 
the period August 1, 2000 through January 31, 2001:

------------------------------------------------------------------------
                    Manufacturer/Exporter                       Percent
------------------------------------------------------------------------
Shanghai New Star Import/Export Co., Ltd....................      95.22%
------------------------------------------------------------------------

Assessment Rates

    The Department shall determine, and the U.S. Customs Service 
(Customs) shall assess, antidumping duties on all appropriate entries. 
We have calculated importer-specific assessment rates. We will direct 
Customs to assess the rate against the entered customs value for each 
entry of subject merchandise from New Star during the POR.

Cash Deposit Requirements

    The deposit requirement at the rate noted above, under ``Final 
Results of Review,'' will be effective for all shipments exported by 
New Star of petroleum wax candles from the PRC entered, or withdrawn 
from warehouse, for consumption on or after the date of publication of 
this notice, as provided by section 751(a)(2)(C) of the Act.
    For all other companies, the following rates are in effect and 
remain unaffected by the results of this new shipper review: (1) 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; (2) for all other PRC exporters, the rate will be 
the current PRC-wide ad valorem rate, which is 54.21 percent; and (3) 
for all other 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.

Notifications to Parties

    This notice 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 subsequent assessment 
of double antidumping duties.
    This notice also serves as a reminder to parties subject to 
administrative

[[Page 41397]]

protective order (APO) of their responsibility concerning the 
disposition of proprietary information disclosed under APO in 
accordance with section 351.305(a)(3) of the Department's regulations. 
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 new shipper review and notice are in accordance with sections 
751(a)(2)(B) and 777(i)(1) of the Act.

    DATED: May 30, 2002
Faryar Shirzad,
Assistant Secretary for Import Administration.

Appendix

List of Issues
1. Affiliation of Exporter and U.S. Importer
2. Time Periods for Factor Values
3. Factor Value For Coal
4. Inflation Adjustment For Electricity
5. Factor Identification For Additive
6. Percent Factors For Factory Overhead, SG&A, and Profit
7. Number of Labor Hours Incurred in Candle Production
8. Ocean Freight
9. Foreign Port Brokerage, Handling, and Loading Expenses And Marine 
Insurance
[FR Doc. 02-15341 Filed 6-17-02; 8:45 am]
BILLING CODE 3510-DS-S