[Federal Register Volume 69, Number 210 (Monday, November 1, 2004)]
[Notices]
[Pages 63362-63363]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E4-2959]


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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 Rescission of Antidumping Duty New Shipper Review of Shanghai 
R&R Import/Export Co., Ltd.

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On September 30, 2003 the Department of Commerce (the 
Department) initiated a new shipper review of Shanghai R&R Import/
Export Co., Ltd (Shanghai R&R) under the antidumping duty order on 
petroleum wax candles from the People's Republic of China (PRC) 
covering the period August 1, 2002, through July 31, 2003. See 
Petroleum Wax Candles from the People's Republic of China: Initiation 
of Antidumping Duty New Shipper Reviews, 68 FR 57876 (October 7, 2003) 
(Initiation Notice). On July 26, 2004, the Department issued its 
preliminary intent to rescind the new shipper review. See Petroleum Wax 
Candles From the People's Republic of China: Preliminary Intent to 
Rescind the Antidumping New Shipper Review of Shanghai R&R Import/
Export Co., Ltd., 68 FR 46509 (August 3, 2004) (Preliminary Rescission 
Notice). The Department is now rescinding this new shipper review. See 
``Rescission of Review'' section below.

EFFECTIVE DATE: November 1, 2004.

FOR FURTHER INFORMATION CONTACT: Scott Lindsay or Dana Mermelstein at 
(202) 482-0780 and (202) 482-1391, Office of AD/CVD Enforcement VI, 
Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue, NW., 
Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

Background

    Since the Department published its preliminary determination to 
rescind this new shipper review, the following events have occurred. On 
September 7, 2004, Shanghai R&R and the National Candle Association 
(petitioner) filed case briefs. On September 9, 2004, the Department 
issued its verification report on the factors of production from 
Quingyuan County Artistic Craft and Candle Factory. See Memorandum For 
the File: Antidumping New Shipper Review of Petroleum Wax Candles from 
the People's Republic of China (PRC) (A-570-504): Factors Verification 
Report for Shanghai R&R Import/Export Co., Ltd at Qingyuan County 
Artistic Craft and Candle Factory. On September 14, 2004, Shanghai R&R 
and the petitioners filed rebuttal briefs. On September 14, 2004 the 
petitioner and Shanghai R&R filed comments on the Factors Verification 
Report. On September 17, 2004, the petitioner filed a rebuttal brief. A 
public hearing was held on September 28, 2004.

Scope of the 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.

Rescission of Review

    Pursuant to sections 351.214(b)(2)(iv) of the Department's 
regulations, a request for a new shipper review must contain 
documentation which establishes the volume of the exporter's first and 
subsequent shipments of subject merchandise to the United States and 
the date of the exporter's first sale of subject merchandise to an 
unaffiliated customer in the United States. At the time Shanghai R&R 
requested this new shipper review, it appeared that the regulatory 
requirements were met and we initiated the new shipper review. See 
Initiation Notice. At verification, the Department found documentation 
which brings into

[[Page 63363]]

question that this sale was, in fact, made to the importer identified 
in Shanghai R&R's initial request for review and in all subsequent 
questionnaire responses. Shanghai R&R's explanation that mistakes were 
made in identifying the importer in certain sales and accounting 
records does not persuade us to find that the importer documented in 
the initial request was correctly identified. As such, we find that our 
initiation of this new shipper review was based on documents that 
failed to establish the date of the first sale to an unaffiliated 
customer in the United States. Therefore, pursuant to section 
351.214(b)(2)(iv)(c) of the Department's regulations, the requirements 
for initiation have not been satisfied, and thus we have determined to 
rescind this new shipper review for Shanghai R&R.
    All issues raised in the case briefs by parties to this proceeding 
and to which we have responded are listed in the Appendix to this 
notice and are addressed in the Issues and Decision Memorandum for the 
Final Results and Rescission of the New Shipper Review of Petroleum Wax 
Candles from the People's Republic of China, dated October 25, 2004, 
which is adopted by this notice. Parties can find a complete discussion 
of the issues raised in this new shipper 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 Memorandum can be accessed 
directly on the Web at http://ia.ita.doc.gov/frn/ index.html. The paper 
copy and electronic version of the Decision Memorandum are identical in 
content. Since the Department is rescinding the new shipper review, we 
are not calculating a company-specific rate for Shanghai R&R.

Cash Deposit Requirements

    The Department will notify Customs and Border Protection (CBP) that 
bonding is no longer permitted to fulfill security requirements for 
shipments from Shanghai R&R of petroleum wax candles from the PRC 
entered, or withdrawn from warehouse, for consumption in the United 
States on or after the publication of this notice of rescission of 
antidumping duty new shipper review in the Federal Register. Further, 
effective upon publication of this notice for all shipments of the 
subject merchandise exported by Shanghai R&R, and entered, or withdrawn 
from warehouse, for consumption, the cash deposit rate will be the PRC-
wide rate of 108.30 percent ad valorem.

Assessment of Antidumping Duties

    The Department will instruct CBP to assess antidumping duties on 
all appropriate entries. Since we are rescinding this antidumping duty 
new shipper review with respect to Shanghai R&R, the PRC-wide rate of 
108.30 percent in effect at the time of entry applies to all exports of 
petroleum wax candles from the PRC by Shanghai R&R entered, or 
withdrawn from warehouse for consumption during the period of review 
(August 1, 2002, through July 31, 2003). The Department will issue 
appropriate assessment instructions directly to CBP within 15 days of 
publication of this notice of rescission of antidumping duty new 
shipper review.

Notification to Importers

    This notice also 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 review period. 
Failure to comply with this requirement could result in the Secretary's 
presumption that reimbursement of antidumping duties occurred and the 
subsequent assessment of double antidumping duties.
    This notice also serves as a reminder to parties subject to 
administrative protective orders (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 material or conversion to judicial protective order is hereby 
requested. Failure to comply with the regulations and terms of an APO 
is a violation, which is subject to sanctions.
    We are issuing and publishing this determination and notice in 
accordance with sections 751(a)(2)(B) and 777(i)(1) of the Tariff Act 
of 1930, as amended.

    Dated: October 25, 2004.
James J. Jochum,
Assistant Secretary for Import Administration.

Appendix--Issues in the Decision Memorandum

Comments

1. Whether Shanghai R&R met the requirements for a new shipper review;
2. The bona fides of Shanghai R&R's sale and use of adverse facts 
available;
3. Shanghai R&R's producer's eligibility as a new shipper;
4. Whether the factors of production information supplied by the 
producer is based on production during the POR.
[FR Doc. E4-2959 Filed 10-29-04; 8:45 am]
BILLING CODE 3510-DS-S