[Federal Register Volume 69, Number 51 (Tuesday, March 16, 2004)]
[Notices]
[Page 12302]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-5917]


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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 Dongguan Fay Candle Co., Ltd. (Fay) under the 
antidumping duty 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 withdrawal of requests 
for review by the National Candle Association (petitioner) and Fay.

EFFECTIVE DATE: March 16, 2004.

FOR FURTHER INFORMATION CONTACT: Mark Hoadley or Sally Gannon at (202) 
482-3148 and (202) 482-0162, respectively, Import Administration, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street and Constitution Avenue, N.W., Washington, D.C. 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 
petitioner to conduct an administrative review of the antidumping duty 
order on petroleum wax candles from the PRC for 23 companies, including 
Fay. Fay, along with one other company, Qingdao Kingking Applied 
Chemistry Co., Ltd. (Qingdao Kingking), named in petitioner's request 
as well, also requested a review.
    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 23 candle companies for which a review was requested. 
On December 24, 2003, the Department received a timely withdrawal from 
petitioner of its request for a review of all 23 companies for which it 
had requested a review. Consequently, on January 27, 2004, the 
Department rescinded the review for 21 of the 23 companies. Petroleum 
Wax Candles from the People's Republic of China: Rescission, in Part, 
of Antidumping Duty Administrative Review, 69 FR 6258 (February 10, 
2004). Because Fay and Qingdao Kingking had requested reviews 
themselves, we did not rescind the review of these two companies. 
However, in a letter dated January 26, 2004, Fay withdrew its request 
for 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 petitioner and Fay have now both withdrawn their requests for 
review, and because they were the only parties to request a review for 
Fay, we are rescinding this administrative review, in part, for the 
period August 1, 2002 to July 31, 2003, for Fay. We will continue the 
administrative review with respect to Qingdao Kingking.
    Petitioner's request was received within the 90-day period for 
withdrawal of review requests specified in section 351.213(d)(1). Fay's 
request was received after the end of this period. However, the 
Department is authorized to extend this deadline if it decides that it 
is reasonable to do so. See section 351.213(d)(1). Although Fay 
submitted its withdrawal request more than 90 days after the initiation 
publication date, the Department has decided that it is reasonable to 
extend the deadline and accept the request. Petitioner and Fay were the 
only parties to request this review and the review has not progressed 
to a point where it would be unreasonable to allow parties to withdraw 
their requests for review. See Certain In-Shell Raw Pistachios from 
Iran: Rescission of Antidumping Duty Administrative Review, 68 FR 16764 
(April 7, 2003). Additionally, we conclude that this withdrawal does 
not constitute an ``abuse'' of our procedures. See Antidumping Duties; 
Countervailing Duties; Final Rule, 62 FR 27296, 27317 (May 19, 1997).
    The Department will issue appropriate assessment instructions 
directly to 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 Fay 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) of the Department's 
regulations. Timely written notification of the return or 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 section 
351.213(d)(4) of the Department's regulations and sections 751(a)(1) 
and 777(i)(1) of the Tariff Act of 1930, as amended.

    Dated: March 3, 2004.
James J. Jochum,
Assistant Secretary for Import Administration.
[FR Doc. 04-5917 Filed 3-15-04; 8:45 am]
BILLING CODE 3510-DS-S