[Federal Register Volume 71, Number 206 (Wednesday, October 25, 2006)]
[Notices]
[Pages 62417-62418]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-17888]


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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 2004-2005 Antidumping Duty Administrative Review

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

SUMMARY: On June 21, 2006, the Department of Commerce (``the 
Department'') published in the Federal Register the preliminary results 
of the administrative review of the antidumping duty order on petroleum 
wax candles (``candles'') from the People's Republic of China 
(``PRC''). See Petroleum Wax Candles from the People's Republic of 
China: Preliminary Results of the 2004-2005 Administrative Review, 71 
FR 35613 (June 21, 2006) (``Preliminary Results''). We gave interested 
parties an opportunity to comment on the Preliminary Results, but we 
did not receive any comments. Therefore, we made no changes to the 
dumping margin calculations for these final results.

DATES: Effective Date: October 24, 2006.

FOR FURTHER INFORMATION CONTACT: Alex Villanueva or Cindy Lai Robinson, 
AD/CVD Operations, Office 9, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482-
3208 or (202) 482-3797, respectively.

SUPPLEMENTARY INFORMATION: 

Case History

    The Preliminary Results in this administrative review were 
published on June 21, 2006. See Preliminary Results. This 
administrative review covers one manufacturer/exporter of subject 
merchandise: Qingdao Youngson Industrial Co., Ltd. (``Youngson''), 
``the Respondent.'' The Petitioner is the National Candle Association 
(``NCA'').

Period of Review

    The period of review (``POR'') covers August 1, 2004, through July 
31, 2005.

Scope of the Antidumping Duty Order \1\
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    \1\ See Antidumping Duty Order: Petroleum Wax Candles From the 
People's Republic of China, 51 FR 30686 (August 28, 1986) (``the 
Order'').
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    The products covered by the 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; round, columns, pillars, 
votives; and various wax-filled containers. The products were 
classified under the Tariff Schedules of the United States (``TSUS'') 
755.25, Candles and Tapers. The products covered 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 purposes, our written description remains dispositive. 
See the Order and Notice of Final Results of the Antidumping Duty New 
Shipper Review: Petroleum Wax Candles from the People's Republic of 
China, 69 FR 77990 (December 29, 2004).

Separate Rates

    Youngson has requested a separate, company-specific antidumping 
duty rate. In the Preliminary Results, we determined that Youngson's 
untimely withdrawal from the current administrative review on March 31, 
2006, which was 94 days after the Department's established deadline, 
left certain critical data potentially relevant to separate rates still 
outstanding. Youngson's untimely withdrawal prevented the Department 
from conducting a thorough separate rates analysis or from verifying 
Youngson's information. Therefore, we found that Youngson has not 
demonstrated that it is entitled to a separate rate, and it is deemed 
to be included in the PRC-wide entity and would be assigned the PRC-
wide entity rate. See Preliminary Results, 71 FR at 35614. For these 
final results, we continue to find that Youngson has not demonstrated 
its entitlement to a separate rate.

Analysis of Comments Received

    No interested parties submitted any comments for these final 
results.

Changes Since the Preliminary Results

    We made no changes to the Preliminary Results.

Final Results of the Review

    In the Preliminary Results, we based the dumping margin for 
Youngson on total adverse facts available (``AFA'') for Youngson's 
sales of merchandise subject to the Order pursuant to sections 
776(a)(2), and 776(b) of the Tariff Act of 1930, as amended (``the 
Act''). See Preliminary Results, 71 FR at 35614-15.
    In addition, we continue to find that Youngson is not entitled to a 
separate rate and is part of the PRC-wide entity, which is under 
review. As the PRC-wide entity, in this instance, was

[[Page 62418]]

uncooperative, we continue to find it appropriate to assign an 
antidumping duty margin for the PRC-wide entity based on total AFA 
pursuant to section 776(b) of the Act. As a result, Youngson continues 
to receive the 108.30 percent, PRC-wide entity rate. A complete 
explanation of the selection, corroboration, and application of AFA can 
be found in the Preliminary Results. See Preliminary Results, 71 FR at 
35615.
    The weighted-average dumping margin for the POR is as follows:

                   Petroleum Wax Candles From the PRC
------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                    Manufacturer/exporter                       margin
                                                               (percent)
------------------------------------------------------------------------
PRC-wide Entity.............................................      108.30
(including Qingdao Youngson Industrial Co., Ltd.)...........
------------------------------------------------------------------------

Cash Deposit Requirements

    The following deposit requirements will be effective upon 
publication of the final results of this administrative review for all 
shipments of petroleum wax candles from the PRC entered, or withdrawn 
from warehouse, for consumption on or after the publication date of 
this notice, as provided for by section 751(a)(1) of the Act: (1) For 
any previously reviewed or investigated PRC or non-PRC exporter, not 
covered in this review, with a separate rate, the cash deposit rate 
will be the company-specific rate established in the most recent 
segment of those proceedings; (2) for all other PRC exporters, the cash 
deposit rate will be the PRC-wide rate indicated above; and (3) the 
cash deposit rate for any non-PRC exporter of subject merchandise from 
the PRC who does not have its own rate will be the rate applicable to 
the PRC exporter that supplied the non-PRC exporter. These deposit 
requirements, when imposed, shall remain in effect until publication of 
the final results of the next administrative review.

Assessment Rates

    Normally, the Department will issue appraisement instructions 
directly to U.S. Customs and Border Protection (``CBP'') within 15 days 
of publication of the final results of this administrative review. On 
September 29, 2006, the Department issued the final determination on a 
concurrent later-developed merchandise anticircumvention inquiry on 
petroleum wax candles from the PRC. See Later-Developed Merchandise 
Anticircumvention Inquiry of the Antidumping Duty Order on Petroleum 
Wax Candles from the People's Republic of China: Affirmative 
Preliminary Determination of Circumvention of the Antidumping Duty 
Order, 71 FR 59075 (October 6, 2006) (``Final Anticircumvention 
Determination''). Candles subject to the Final Anticircumvention 
Determination are candles which contain any amount of petroleum wax. 
Prior to the Final Anticircumvention Determination and at the time the 
Department began this administrative review, however, the Department 
considered candles containing less than 50 percent petroleum wax to be 
outside the scope of Order. However, given the Department 's 
affirmative Final Anticircumvention Determination, a candle containing 
any amount of petroleum wax will now be considered subject to 
antidumping duties. As such, following the Final Anticircumvention 
Determination, the Department instructed CBP to suspend liquidation of 
entries of candles containing any amount of petroleum wax beginning 
February 25, 2005. For this POR, the Department will instruct CBP to 
liquidate all suspended entries of subject merchandise from the PRC-
wide entity, including Youngson, at 108.30 percent. This will include 
those mixed-wax candles composed of petroleum wax and more than 50 
percent or more palm and/or other vegetable oil-based waxes subject to 
the Final Anticircumvention Determination that entered between February 
25, 2005 and July 31, 2005.

Reimbursement of Duties

    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f) to file a certificate regarding 
the reimbursement of antidumping duties prior to liquidation of the 
relevant entries during this POR. Failure to comply with this 
requirement could result in the Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of doubled antidumping duties.

Administrative Protective Orders

    This notice also serves as a 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, which continues 
to govern business proprietary information in this segment of the 
proceeding. Timely written notification of the return/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 this administrative review and notice 
in accordance with sections 751(a) and 777(i) of the Act.

    Dated: October 18, 2006.
David M. Spooner,
Assistant Secretary for Import Administration.
 [FR Doc. E6-17888 Filed 10-24-06; 8:45 am]
BILLING CODE 3510-DS-P