[Federal Register Volume 70, Number 60 (Wednesday, March 30, 2005)]
[Notices]
[Pages 16217-16218]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-1400]


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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 one company, Shangyu City Garden Candle 
Factory (``Garden Candle''), under the antidumping duty order on 
Petroleum Wax Candles from the People's Republic of China for the 
period August 1, 2003, through July 31, 2004. This rescission, in part, 
is based on the withdrawal for a request for review by Garden Candle. 
The Department is not rescinding its review of Shanghai R&R Import/
Export Co., Ltd (``Shanghai R&R'').

EFFECTIVE DATE: March 30, 2005.

FOR FURTHER INFORMATION CONTACT: Nicole Bankhead or Alex Villanueva at 
(202) 482-9068 and (202) 482-3208, respectively, AD/CVD Operations, 
Office 9, 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 People's Republic of China 
on August 28, 1986 (51 FR 30686). Pursuant to its Notice of Opportunity 
to Request an Administrative Review, 69 FR 46496 (August 3, 2004), and 
in accordance with section 751(a)(1) of the Tariff Act of 1930, as 
amended, and section 351.213(b) of the Department's regulations, the 
Department received timely requests for review from two companies: 
Garden Candle and Shanghai R&R. No other interested party requested a 
review.
    On September 22, 2004, the Department published its Notice of 
Initiation of Antidumping and Countervailing Duty Administrative 
Reviews, Requests for Revocation in Part, 69 FR 56745 (September 22, 
2004), initiating on both companies for which an administrative review 
was requested.

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.'' The 
Department may also extend this time limit if it decides that it is 
reasonable to do so. Id.
    While Garden Candle's withdrawal of its own request for review was 
not timely, according to section 351.213(d)(1) of the Department's 
regulations, the Department may extend this time limit if it decides 
that it is reasonable to do so. In this case, the Department has 
determined that rescinding the review of Garden Candle is appropriate. 
Continuing this review would only require Garden Candle and the 
Department to expend time and resources on a review in which the party 
that requested the review is no longer interested. The Department has 
only released one supplemental questionnaire with respect to Garden 
Candle and has not yet conducted a verification. Therefore, the 
Department does not believe the administrative review has proceeded to 
a point at which it would be ``unreasonable'' to rescind the review. 
The Department has therefore determined that it is reasonable to extend 
the 90-day time limit for Garden Candle to request its withdrawal from 
the administrative review, and is rescinding its antidumping 
administrative review with respect to Garden Candle in accordance

[[Page 16218]]

with section 351.213(d)(1) of the Department's regulations.
    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 this company at the cash deposit rate in 
effect on the date of entry for entries during the period August 1, 
2003, through July 31, 2004.

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 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)(2)(C) 
and 777(i)(1) of the Tariff Act of 1930, as amended.

    Dated: March 16, 2005.
Barbara E. Tillman,
Acting Deputy Assistant Secretary for Import Administration.
[FR Doc. E5-1400 Filed 3-29-05; 8:45 am]
BILLING CODE 3510-DS-S