[Federal Register Volume 69, Number 241 (Thursday, December 16, 2004)]
[Notices]
[Pages 75302-75303]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E4-3676]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-504]


Petroleum Wax Candles From the People's Republic of China; Final 
Results of the Expedited Sunset Review of the Antidumping Duty Order

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

SUMMARY: On August 2, 2004, the Department of Commerce (``the 
Department'') initiated a sunset review of the antidumping duty order 
on Petroleum Wax Candles (``candles'') from the People's Republic of 
China (``PRC'') pursuant to section 751(c) of the Tariff Act of 1930, 
as amended (``the Act''). On the basis of a notice of intent to 
participate and an adequate substantive response filed on behalf of 
domestic interested parties and inadequate response (in this case, no 
response) from respondent interested parties, the Department conducted 
an expedited (120-day) sunset review. As a result of this sunset 
review, the Department finds that revocation of the antidumping duty 
order would be likely to lead to continuation or recurrence of dumping. 
The dumping margins are identified below in the ``Final Results of 
Review'' section of this notice.

EFFECTIVE DATE: December 16, 2004.

FOR FURTHER INFORMATION: Hilary E. Sadler, Esq., Office of Policy for 
Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street & Constitution Avenue, NW., 
Washington, DC 20230; telephone: (202) 482-4340.

SUPPLEMENTARY INFORMATION

Background

    On August 2, 2004, the Department published the notice of 
initiation of the second sunset review of the antidumping duty order on 
candles from the PRC pursuant to section 751(c) of the Act. See 
Initiation of Five-Year (``Sunset'') Reviews, 69 FR 46134 (August 2, 
2004). The Department received the Notice of Intent to Participate from 
the domestic interested parties, the National Candles Association 
(``NCA'') and its participating member companies: AcScents Aromatics 
Fine Candles, Inc.; Alene Candles, Inc.; Arizona Natural Resources, 
Inc.; Armadilla Wax Works, Inc.; Aromatique, Inc.; Best Candle, LLC; 
Blyth HomeScents Intl.; BMC Manufacturing, LLC; Bright Glow Candle 
Corp.; Bright of America; Bullfrog Light Co.; Candle Lamp Co.;

[[Page 75303]]

Candle-Lite, Inc.; Carolina CandleLites, Inc.; Casey Pottery Co.; 
Cathedral Candle Co.; Changing Paradigms, LLC; Covered Bridge Candle 
Co.; Dadant & Sons, Inc.; Dial Corp.; Dianne's Custom Candles; Dreamers 
Candles; Early American Candle; Empire Candle Manufacturing, LLC; Evan 
Scent, Inc.; General Wax & Candle Co.; GlobalTech Industries, Inc.; 
Gold Canyon Candles, LLC; Guildhouse--An American Greetings Corp.; 
Hanna's Candle Co.; Heartland Fragrance & Herb Co.; Heritage Candles, 
Inc.; Hillhouse Natural Farms, Ltd.; Home Essentials, LLC; Home 
Fragrance Holdings, Inc.; Hot Wax Candle Co., Inc.; Lamplight Farms; 
Laredo Candle Co.; Latitudes Intl.; Lumi-Lite Candle Co., Inc.; Miracle 
Candle Co.; Natures Finest Candles; Old Virginia Candle Co.; Old 
Williamsburgh Candle Corp.; Olio, Inc.; Panacea Products Corp.; Park 
Avenue Candles; Primal Elements, Inc.; Private Gardens--Trapp Candles; 
Reed Candle Co.; Root Candles; Salt City Candle Co.; Starlume, Inc.; 
Surgipath Medical Industries, Inc. dba Cera Bella; Suzzette's Cabin 
Candles; Tyler Candle Co.; USA Labs, Inc.; Votivo, Ltd.; Williamsburg 
Soap and Candle Co.; Wizard Candles, Inc.; and Yankee Candle Co, Inc. 
(collectively ``the domestic interested parties''), within the deadline 
specified in section 351.218(d)(1)(i) of the Department's Regulations 
(``Sunset Regulations''). The domestic interested parties claimed 
interested party status under section 771(9)(E) of the Act, as a trade 
association, the majority of members of which manufacture, produce, or 
wholesale a domestic-like product in the United States. We received a 
complete substantive response only from the domestic interested parties 
within the 30-day deadline specified in 19 CFR 351.218(d)(3)(i). We 
received no response from the respondent interested parties. As a 
result, pursuant to section 751(c)(5)(A) of the Act and 19 CFR 
351.218(e)(1)(ii)(C)(2), the Department conducted an expedited (120-
day) sunset review of this order.

Scope of the 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 
originally classifiable under the Tariff Schedules of the United States 
item 755.25, Candles and Tapers. The products are currently 
classifiable under the Harmonized Tariff Schedule item number 
3406.00.00.
    The Department determined several products were excluded from the 
scope of this order. For a complete list of the Department's scope 
rulings, please check our Web site at http://www.ia.ita.doc.gov/download/candles-prc-scope. Also, additional scope determinations are 
pending. The written description remains dispositive.

Analysis of Comments Received

    All issues raised in these reviews are addressed in the ``Issues 
and Decision Memorandum'' (``Decision Memo'') from Ronald K. Lorentzen, 
Acting Director, Office of Policy, Import Administration, to James J. 
Jochum, Assistant Secretary for Import Administration, dated December 
10, 2004, which is hereby adopted by this notice. The issues discussed 
in the Decision Memo include the likelihood of continuation or 
recurrence of dumping and the magnitude of the margins likely to 
prevail if the order were revoked. Parties can find a complete 
discussion of all issues raised in this review and the corresponding 
recommendations in this public memorandum which is on file in room B-
099 of the main Commerce Building.
    In addition, a complete version of the Decision Memo can be 
accessed directly on the Web at http://ia.ita.doc.gov/frn, under the 
heading ``December 2004.'' The paper copy and electronic version of the 
Decision Memo are identical in content.

Final Results of Reviews

    We determine that revocation of the antidumping duty order on 
candles from the PRC would be likely to lead to continuation or 
recurrence of dumping at the following weighted-average percentage 
margins:

------------------------------------------------------------------------
                                                               Weighted
                                                                average
              Manufacturers/exporters/producers                 margin
                                                               (percent)
------------------------------------------------------------------------
PRC-wide....................................................      108.30
------------------------------------------------------------------------

    This notice also serves as the only reminder to parties subject to 
administrative protective orders (``APO'') of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305 of the 
Department's regulations. Timely 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 violation which is subject to sanction.
    We are issuing and publishing the results and notice in accordance 
with sections 751(c), 752, and 777(i)(1) of the Act.

    Dated: December 10, 2004.
James J. Jochum,
Assistant Secretary for Import Administration.
[FR Doc. E4-3676 Filed 12-15-04; 8:45 am]
BILLING CODE 3510-DS-P