[Federal Register Volume 68, Number 194 (Tuesday, October 7, 2003)]
[Notices]
[Pages 57876-57877]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-25383]


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DEPARTMENT OF COMMERCE

International Trade Adminstration

[A-570-504]


Petroleum Wax Candles from the People's Republic of China: 
Initiation of Antidumping Duty New Shipper Reviews

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) has received 
timely requests to conduct new shipper reviews of the antidumping duty 
order on petroleum wax candles from the People's Republic of China 
(PRC). In accordance with 19 CFR 351.214(d), we are initiating a review 
for Shanghai R&R Imp./Exp. Co., Ltd. (Shanghai) and its producer Qing 
Yuan Huaxing Arts and Crafts Candle Co., Ltd. (Qing Yuan), and for 
Changshan Import/Export Co., Ltd. (Changshan) and its producer Shaoxing 
Youcheng Artcraft Knitting Co., Ltd. (Shaoxing). We are also initiating 
a review for Shandong Huihe Trade Co., Ltd. (Huihe), which is both the 
exporter and the producer.

EFFECTIVE DATE: October 7, 2003.

FOR FURTHER INFORMATION CONTACT: Douglas Kirby or Dana Mermelstein, 
Office of AD/CVD Enforcement 7, Import Administration, International 
Trade Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, N.W., Washington, D.C. 20230; telephone: (202) 
482-0961 or (202) 482-1391, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On August 14, 2003, the Department received timely requests from 
Shanghai and Changshan and on August 28, 2003 the Department received a 
timely request from Huihe pursuant to section 751(a)(2)(B) of the 
Tariff Act of 1930 (the Act) and in accordance with 19 CFR 351.214(c), 
for new shipper reviews under the antidumping duty order on petroleum 
wax candles from the PRC. This order has an August anniversary month. 
On August 27, 2003, the Department issued a letter to Shanghai and 
Changshan noting that there were similarities in the new shipper review 
requests for both companies, and we asked whether Shanghai and 
Changshan were related in any way. Shanghai and Changshan, in their 
response of August 29, 2003, replied that the similarities occurred 
because the sales by both Shanghai and Changshan occurred shortly after 
their counsel conducted a program in China discussing the U.S. 
antidumping law. Shanghai and Changshan further explained that, because 
of the schedule for filing new shipper review requests, they both 
arranged the sales and made the shipments on relatively short notice. 
While we noted the similarities in the shipments, the two companies 
claimed that they are not affiliated, and therefore they requested 
separate new shipper reviews. The Department will continue to examine 
carefully any similarities between Shanghai and Changshan throughout 
the review.

Initiation of Reviews

    Pursuant to 19 CFR 351.214(b)(2)(i), 19 CFR 351.214(b)(2)(ii) and 
19 CFR 351.214(b)(2)(iii)(A), in their August 14, 2003 requests for 
review, Shanghai and Changshan certified that they did not export the 
subject merchandise to the United States during the period of 
investigation (POI) and that neither they nor their producers are 
affiliated with any company which exported subject merchandise to the 
United States during the POI. Pursuant to 19 CFR 351.214(b)(ii)(B), 
Shanghai's producer, Qing Yuan, and Changshan's producer,

[[Page 57877]]

Shaoxing, each certified that it did not export subject merchandise 
during the period of investigation. Pursuant to 19 CFR 351.214(b)(2)(i) 
Huihe (which is both the producer and exporter) certified that it did 
not export subject merchandise to the United States during the period 
of investigation. Pursuant to 19 CFR 351.214(b)(2)(iii)(B), Shanghai, 
Changshan, and Huihe further certified that their export activities are 
not controlled by the central government of the PRC. Also, in 
accordance with 19 CFR 351.214(b)(2)(iv), Shanghai, Changshan, and 
Huihe submitted documentation establishing the date on which each 
company first shipped the subject merchandise to the United States, the 
volume of each company's first and only shipment, and the date of the 
first sale to an unaffiliated customer in the United States.Therefore, 
in accordance with section 751(a)(2)(B) of the Act and 19 CFR 
351.214(d), we are initiating new shipper reviews under the antidumping 
duty order on petroleum wax candles from the PRC. In accordance with 19 
CFR 351.214(i), we intend to issue the preliminary results not later 
than 180 days from the date of initiation of these reviews. All 
provisions of 19 CFR 351.214 will apply to Shanghai, Changshan and 
Huihe throughout the duration of these new shipper reviews.
    In accordance with 19 CFR 351.214(g)(1)(i)(A), the POR for a new 
shipper review initiated in the month immediately following the 
anniversary month is the twelve-month period immediately preceding the 
anniversary month. Therefore, the POR for these new shipper reviews is 
August 1, 2002 through July 31, 2003. Pursuant to section 751(a)(2)(B) 
of the Act and 19 CFR 351.214(d)(1), we are initiating new shipper 
reviews for shipments of petroleum wax candles from the PRC: (1) 
produced by Qing Yuan and exported by Shanghai; (2) produced by 
Shaoxing and exported by Changshan; and, (3) produced and exported by 
Huihe.
    It is the Department's usual practice in cases involving non-market 
economies to require that a company seeking to establish eligibility 
for an antidumping duty rate separate from the country-wide rate 
provide de jure and de facto evidence of an absence of government 
control over the company's export activities. Accordingly, we will 
issue a questionnaire to Shanghai and Changshan (including a complete 
separate rates section), allowing approximately 37 days for response. 
If the response from each respondent provides sufficient indication 
that it is not subject to either de jure or de facto government control 
with respect to its exports of natural bristle paintbrushes and brush 
heads, the review will proceed. If, on the other hand, a respondent 
does not demonstrate its eligibility for a separate rate, then it will 
be deemed to be affiliated with other companies that exported during 
the POI and not eligible for a separate rate, and the review of that 
respondent will be rescinded.

------------------------------------------------------------------------
   Antidumping Duty New Shipper Reviews        Period to be reviewed
------------------------------------------------------------------------
Shanghai R&R Imp./Exp. Co., Ltd./Produced                8/01/02-7/31/03
 by Qing YuanHuaxing Arts and Crafts
 Candle Co., Ltd.........................
Changshan Import/Export Co., Ltd./                       8/01/02-7/31/03
 Produced by ShaoxingYoucheng Artcraft
 Knitting Co., Ltd.......................
Shandong Huihe Trade Co., Ltd./Produced                  8/01/02-7/31/03
 by ShandongHuihe Trade Co., Ltd.........
------------------------------------------------------------------------

    We will instruct the U.S. Bureau of Customs and Border Protection 
(BCBP) to allow, at the option of the importer, the posting, of a 
single entry bond or security in lieu of a cash deposit for subject 
merchandise exported by and produced by the above listed companies. See 
19 CFR 351.214(e). Shanghai and Changshan certified that they exported 
but did not produce the subject merchandise on which they based their 
new shipper review requests; Qing Yuan certified that it produced the 
subject merchandise exported by Shanghai and Shaoxing certified that it 
produced the subject merchandise exported by Changshan. Therefore, we 
will instruct BCBP to limit the bonding option only to entries of 
subject merchandise: (1) exported by Shanghai and produced by Qing 
Yuan; or (2) exported by Changshan and produced by Shaoxing. Shandong 
Huihe Trade Co., Ltd. certified that it is both the producer and 
exporter of the petroleum wax candles. Therefore, we will instruct BCBP 
to limit the bonding option only to entries of subject merchandise both 
produced and exported by Shandong Huihe Trade Co., Ltd.
    Interested parties may submit applications for disclosure of 
business proprietary information under administrative protective order 
in accordance with 19 CFR 351.305 and 351.306.
    This initiation and notice are in accordance with section 
751(a)(2)(B) of the Act and 19 CFR 351.214.

    Dated: September 30, 2003.
Joseph A. Spetrini,
Deputy Assistant Secretary for Import Administration, Group III.
[FR Doc. 03-25383 Filed 10-6-03; 8:45 am]
BILLING CODE 3510-DS-S