[Federal Register Volume 69, Number 69 (Friday, April 9, 2004)]
[Notices]
[Pages 18871-18872]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-8118]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-504]


Petroleum Wax Candles From the People's Republic of China: 
Rescission 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 Qingdao Kingking Applied Chemistry Ltd., Co. 
(Kingking) 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 is based on the withdrawal of 
requests for review by the National Candle Association (petitioner) and 
Kingking.

EFFECTIVE DATE: April 9, 2004.

FOR FURTHER INFORMATION CONTACT: Mark Hoadley or Sebastian Wright (202) 
482-0162 and (202) 482-5254, respectively, Office of AD/CVD Enforcement 
VII, Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue, NW., 
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 Sec.  351.213(b) of the 
Department's regulations, the Department received a timely request by 
the petitioner to conduct an administrative review of the antidumping 
duty order on petroleum wax candles from the PRC for 23 companies, 
including Kingking. Kingking 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 withdrawal from the 
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, in part, for 21 of the 23 companies; 
the Department did not rescind the review with respect to Dongguan Fay 
Candle Co., Ltd. (Fay Candle) or Kingking since these companies had 
each requested its own review as well. See Petroleum Wax Candles from 
the People's Republic of China: Rescission, in Part, of Antidumping 
Duty Administrative Review, 69 FR 6258 (February 10, 2004). On January 
26, 2004, Fay Candle withdrew its request for a review. On March 3, 
2004, the Department rescinded the review, in part, for Fay Candle. See 
Petroleum Wax candles from the People's Republic of China, Rescission, 
in Part, of Antidumping Duty Administrative Review, 69 FR 12302 (March 
16, 2004). In a letter dated February 26, 2004, and received by the 
Department on March 2, 2004, Kingking then withdrew its request for a 
review.

Rescission of Administrative Review

    Pursuant to Sec.  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.'' The 
petitioner's request for the withdrawal of the review with respect to 
Kingking was received within the 90-day period as specified in Sec.  
351.213(d)(1). Kingking's request for withdrawal was received after the 
end of this period. However, the Department is authorized to extend 
this deadline if it decides that doing so is reasonable. See Sec.  
351.213(d)(1). Although Kingking submitted its withdrawal request more 
than 90 days after the initiation publication date, the Department has 
decided that it is reasonable to extend

[[Page 18872]]

the deadline and accept the request. The petitioner and Kingking 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 e.g., 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).
    Therefore, we are rescinding this administrative review with 
respect to Kingking for the period August 1, 2002 to July 31, 2003. 
Because all of the parties who requested reviews for this review period 
have now withdrawn their requests for review, the Department with this 
notice has now rescinded the review with respect to all of the 
companies on which it initiated an administrative review for the period 
August 1, 2002 through July 31, 2003.
    The Department will issue appropriate assessment instructions 
directly to U.S. Customs and Border Protection (CBP) within 15 days of 
the publication of this notice. The Department will direct CBP to 
assess antidumping duties for Kingking at the cash deposit rate in 
effect on the date of entry for entries during the period August 1, 
2002 through July 31, 2003.

Notification to Parties

    This notice serves as a reminder to importers of their 
responsibility under Sec.  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 Sec.  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 Sec.  
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 31, 2004.
Jeffrey May,
Acting Assistant Secretary for Import Administration.
[FR Doc. 04-8118 Filed 4-8-04; 8:45 am]
BILLING CODE 3510-DS-P