[Federal Register Volume 69, Number 27 (Tuesday, February 10, 2004)]
[Notices]
[Pages 6258-6259]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-2860]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-504]


Petroleum Wax Candles from the People's Republic of China: 
Rescission, in Part, of Antidumping Duty Administrative Review

AGENCY: Import Administration, International Trade Administration, U.S. 
Department of Commerce.
SUMMARY: The Department of Commerce (``the Department'') is rescinding 
its administrative review of twenty-one companies under the antidumping 
order on petroleum wax candles from the People's Republic of China 
(PRC) for the period August 1, 2002 through July 31, 2003. This 
rescission, in part, is based on the timely withdrawl of the request 
for review by the only interested party that requested a review of 
these twenty-one companies. A complete list of the companies for which 
the administrative review is being rescinded is provided in the 
Rescission, in Part, of Administrative Review section below. The 
Department is not rescinding its review of Dongguan Fay Candle Co., 
Ltd. (Fay Candle) and Qingdao Kingking Applied Chemistry Co., Ltd. 
(Qingdao Kingking), because each of these companies self-requested an 
administrative review.

EFFECTIVE DATE: February 10, 2004

FOR FURTHER INFORMATION CONTACT: Javier Barrientos or Sally Gannon at 
(202) 482-2243 and (202) 482-0162, respectively, Import Administration, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street and Constitution Avenue, N.W., Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

Background

    The Department published in the Federal Register an antidumping 
duty order on petroleum wax candles from the PRC on August 28, 1986 (51 
FR 30686). Pursuant to its Notice of Opportunity to Request an 
Administrative Review, 68 FR 45218 (August 1, 2003), and in accordance 
with section 751(a)(1)(B) of the Act and section 351.213(b) of the 
Department's regulations, the Department received a timely request by 
the National Candle Association (``Petitioner'') to conduct an 
administrative review of the antidumping duty order on petroleum wax 
candles from the PRC for twenty-three companies. Two of the twenty-
three companies requested by the Petitioner (Fay Candle and Qingdao 
Kingking) individually requested a review. As such, the Petitioner was 
the sole requestor for twenty-one companies.
    On September 30, 2003, the Department published its Notice of 
Initiation of Antidumping and Countervailing Duty Administrative 
Reviews, Requests for Revocation in Part and Deferral of Administrative 
Review, 68 FR 56262 (September 30, 2003) (Initiation Notice), 
initiating on all twenty-three candle companies for which an 
administrative review was requested. On December 24, 2003, the 
Department received a timely withdrawal from the Petitioner of its 
request for an administrative review of all twenty-three companies for 
which it had requested a review.

Rescission, in Part, of Administrative Review

    Pursuant to section 351.213(d)(1) of the Department's regulations, 
the Department may rescind an administrative review, ``if a party that 
requested the review withdraws the request within 90 days of the date 
of publication of notice of initiation of the requested review.'' 
Because the Petitioner has timely withdrawn its request for review 
within the ninety-day period, and because Petitioner was the sole party 
to request a review for twenty-one of the twenty-three companies for 
which a review was requested, we are rescinding this administrative 
review, in part, for the period August 1, 2002 to July 31, 2003, for 
the following companies: Amstar Business Co., Ltd.; AtHome America; 
Avon Products, Inc.; Candle World Industrial Co.; Dalian Hanbo Lighting 
Co., Ltd.; Generaluxe Factory; Guangdong Xin Hui City Si Qian Art & 
Craft Factory; Jiangsu Holly Corporation; Li & Fung Trading Ltd.; 
Premier Candle Co. Ltd.; Shandong Jiaye Gen. Merch.; Shanghai Charming 
Wax Co., Ltd.; Simon Int'l Ltd.; Sincere Factory Company; Smartcord 
Int'l Co., Ltd./Rich Talent Trading; Suzhou Ind'l Park Nam Kwong; 
Taizhou Int'l Trae Corp.; Two's Company Inc.; Universal Candle Co., 
Ltd.; Zen Continental Co., Inc.; and, Zhong Hang-Scanwell 
International/Scanwell Freight Express (LAX), Inc. However, we will 
continue the administrative review with respect to Fay Candle and 
Qingdao Kingking, as these companies individually submitted a request 
for review.
    The Department will issue appropriate assessment instructions 
directly to the U.S. Customs and Border Protection (Customs) within 15 
days of the publication of this notice. The Department will direct 
Customs to assess antidumping duties for these companies at the cash 
deposit rate in effect on the date of entry for entries during the 
period August 1, 2002 to July 31, 2003.

Notification to Parties

    This notice serves as a reminder to importers of their 
responsibility under section 351.402(f) of the Department's regulations 
to file a certificate regarding the reimbursement of antidumping duties 
prior to liquidation of the relevant entries during this period of 
time. 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 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 or

[[Page 6259]]

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 sanctionable violation.
    This notice is issued and published in accordance with sections 
351.213(d)(4) of the Department's regulations and, sections 
751(a)(2)(C) and 777(i)(1) of the Tariff Act of 1930, as amended.

    Dated: January 27, 2004.
James J. Jochum,
Assistant Secretary for Import Administration.
[FR Doc. 04-2860 Filed 2-9-04; 8:45 am]
BILLING CODE 3510-DS-S