[Federal Register Volume 72, Number 177 (Thursday, September 13, 2007)]
[Notices]
[Pages 52355-52357]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-18068]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-504]


Final Results of Antidumping Duty Administrative Review: 
Petroleum Wax Candles from the People's Republic of China

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

EFFECTIVE DATE: September 13, 2007.
SUMMARY: On May 10, 2007, the Department of Commerce (``Department'') 
published its preliminary results in the antidumping duty 
administrative review of petroleum wax candles from the People's 
Republic of China (``PRC''). See Petroleum Wax Candles from the 
People's Republic of China: Preliminary Results and Partial Rescission 
of the Eighth Administrative Review, 72 FR 26595 (May 10, 2007) 
(``Preliminary Results''). We invited interested parties to comment on 
the Preliminary Results.

FOR FURTHER INFORMATION CONTACT: Irene Gorelik, Import Administration, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street and Constitution Avenue, NW, Washington, DC 20230; telephone: 
(202) 482-6905.

SUPPLEMENTARY INFORMATION:

Case History

    This administrative review covers one manufacturer/exporter of 
subject merchandise: Deseado International, Ltd. (``Deseado''). 
Petitioner is the National Candle Association (``NCA''). The 
Preliminary Results in this administrative review were published on May 
10, 2007. On June 12, 2007, Petitioner and Deseado submitted comments. 
On June 18, 2007, Petitioner and Deseado submitted rebuttal comments. 
No interested parties requested a hearing.

Period of Review

    The period of review (``POR'') covers August 1, 2005, through July 
31, 2006.

Scope of the Order\1\
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    \1\ Final scope rulings on petroleum wax candles scope inquiries 
addressed by the Department can be found at: http://ia.ita.doc.gov/download/candles-prc-scope/index.html.
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    The products covered by Notice of Antidumping Duty Order: Petroleum 
Wax Candles from the People's Republic of China, 51 FR 30686 (August 
28, 1986) (``Candles 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 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 Candles 
Order and Petroleum Wax Candles From the People's Republic of China: 
Notice of Final Results of Antidumping Duty New Shipper Review, 69 FR 
77990 (December 29, 2004).
    Additionally, on October 6, 2006, the Department published its 
final determination of circumvention of the antidumping duty order 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 Final 
Determination of Circumvention of the Antidumping Duty Order, 71 FR 
59075 (October 6, 2006). The Department determined that candles 
composed of petroleum wax and over 50 percent or more palm and/or other 
vegetable oil-

[[Page 52356]]

based waxes (mixed-wax candles) are later-developed products of 
petroleum wax candles. In addition, the Department determined that 
mixed-wax candles containing any amount of petroleum are covered by the 
scope of the antidumping duty order on petroleum wax candles from the 
PRC.

Partial Rescission of Administrative Review

    In the Preliminary Results, the Department issued a notice of 
intent to rescind the administrative review with respect to thirteen 
companies\2\ because all thirteen companies submitted timely 
withdrawals of their requests for an administrative review. See 
Preliminary Results, 72 FR at 26596. The Department received no 
comments on this issue, and we did not receive any further information 
since the issuance of the Preliminary Results that provides a basis for 
a reconsideration of this determination. Therefore, consistent with 19 
CFR 351.213(d), we are rescinding this administrative review with 
respect to the thirteen companies named below in footnote 2.
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    \2\ Amstar Business Company Limited, Apex Enterprises 
International Ltd. and Apex's producer, Golden Industrial Co., Ltd., 
Fuzhou Eastown Arts Co., Ltd., Gift Creative Company, Ltd., Maverick 
Enterprise Co., Ltd. and Maverick's producer Great Founder 
International Co., Qingdao Kingking Applied Chemistry Co., Ltd., 
Shantou Jinyuan Mingfeng Handicraft Co., Shanghai Shen Hong Arts and 
Crafts Co., Ltd. and Shen Hong's producer Shanghai Changran 
Enterprise, Ltd ., Shenzhen Sam Lick Manufactory (and affiliated 
exporter Prudential (HK) Candles Manufacturing Co., Ltd)., and 
Transfar International Corp.
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Analysis of Comments Received

    All issues raised in the comments submitted by Petitioner and 
Deseado are addressed in the ``Memorandum to the Assistant Secretary 
for Import Administration: Antidumping Duty Order on Petroleum Wax 
Candles from the People's Republic of China: Issues and Decision 
Memorandum for Final Results of the Eighth Administrative Review,'' 
(``Issues & Decision Memorandum''), which is hereby adopted by this 
notice. A list of the issues raised, all of which are in the Issues and 
Decision Memorandum, is attached to this notice as Appendix I. Parties 
can find a complete discussion of all issues raised in the comments and 
the corresponding recommendations in this public memorandum, which is 
on file in the Central Records Unit, room B-099 of the Department of 
Commerce building. In addition, a complete version of the Issues and 
Decision Memorandum can be accessed directly on the Web at http://www.trade.gov/ia/. The paper copy and electronic version of the Issues 
and Decision Memorandum are identical in content.

Changes Since the Preliminary Results

    There have been no changes since the Preliminary Results.

Separate Rates

    In the Preliminary Results, we determined that a separate rate 
analysis was not necessary with respect to Deseado because it reported 
that it is owned wholly by an entity located and registered in a market 
economy (i.e., Hong Kong).\3\ Therefore, we assigned Deseado a separate 
rate. For the final results, we continue to find that the evidence 
placed on the record of this administrative review by Deseado 
demonstrates that a separate rate analysis is unnecessary to determine 
whether Deseado is under de jure or de facto control of the PRC 
government and we will continue to assign Deseado a separate rate. See 
Issues and Decision Memorandum at Comment 2.
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    \3\ See Brake Rotors From the People's Republic of China: Final 
Results and Partial Rescission of Fifth New Shipper Review, 66 FR 
44331 (August 23, 2001), results unchanged from Brake Rotors From 
the People's Republic of China: Preliminary Results and Partial 
Rescission of Fifth New Shipper Review, 66 FR 29080-1 (May 29, 2001) 
(where the respondent was wholly owned by a U.S. registered 
company); Brake Rotors From the People's Republic of China: Final 
Results and Partial Rescission of Fourth New Shipper Review and 
Rescission of Third Antidumping Duty Administrative Review, 66 FR 
27063 (May 16, 2001) (where the respondent was wholly owned by a 
company located in Hong Kong), results unchanged from Brake Rotors 
From the People's Republic of China: Preliminary Results and Partial 
Rescission of the Fourth New Shipper Review and Rescission of the 
Third Antidumping Duty Administrative Review, 66 FR 1303-6 (January 
8, 2001); and Notice of Final Determination of Sales at Less Than 
Fair Value: Creatine Monohydrate From the People's Republic of 
China, 64 FR 71104-5 (December 20, 1999) (where the respondent was 
wholly owned by persons located in Hong Kong).
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Adverse Facts Available

    For the reasons discussed in the Issues and Decision Memorandum, 
and in accordance with sections 776(a)(2)(A), (B), and (C), and 776(b) 
of the Tariff Act of 1930, as amended (``Act''), for the final results, 
we continue to determine that the application of adverse facts 
available (``AFA'') is appropriate for Deseado because it failed to 
cooperate by not acting to the best of its ability to comply with the 
Department's multiple requests for sales and cost data and 
significantly impeded this proceeding. See Issues and Decision 
Memorandum at Comment 1. As AFA, we will continue to apply the rate of 
108.30 percent, the highest calculated rate from any segment of this 
proceeding, as described in the Preliminary Results.

Final Results of Review

    We determine that the following percentage weighted-average margins 
exist for the POR:

------------------------------------------------------------------------
                Manufacturer/Exporter                  Margin (Percent)
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Deseado International, Ltd..........................            108.30 %
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Assessment Rates

    The Department will determine, and U.S. Customs and Border 
Protection (``CBP'') shall assess, antidumping duties on all 
appropriate entries. For these final results, Deseado received a 
dumping margin based upon total AFA. We will, therefore, instruct CBP 
to liquidate entries manufactured or exported by Deseado, according to 
the AFA rate listed above. The Department intends to issue assessment 
instructions to CBP 15 days after the date of publication of these 
final results of review.

Cash Deposit Requirements

    The following deposit requirements will be effective upon 
publication of this notice of final results of administrative review 
for all shipments of petroleum wax candles from the PRC entered, or 
withdrawn from warehouse, for consumption on or after the date of 
publication, as provided by section 751(a)(1) of the Act: (1) the cash 
deposit rate for Deseado will be the rate indicated above; (2) for 
previously investigated companies not listed above, the cash deposit 
rate will continue to be the company-specific rate published for the 
most recent period; (3) for all other PRC exporters of subject 
merchandise which have not been found to be entitled to a separate 
rate, the cash-deposit rate will be the PRC-wide rate of 108.30 
percent; and (4) for all non-PRC exporters of subject merchandise, the 
cash-deposit rate will be the rate applicable to the PRC supplier of 
that exporter. These cash deposit requirements shall remain in effect 
until further notice.

Notification to Interested Parties

    This notice serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during the review period. Pursuant to 19 CFR 
351.402(f)(3), failure to comply with this requirement could result in 
the Department's presumption that reimbursement of antidumping duties 
occurred and the subsequent assessment of doubled antidumping duties.

[[Page 52357]]

    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 as explained in the administrative protective order itself. 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 the terms of an APO is a sanctionable 
violation.
    This determination and notice are issued and published in 
accordance with sections 751(a) and 777(i)(1) of the Act.

    Dated: September 7, 2007.
David M. Spooner,
Assistant Secretary for Import Administration.

Appendix I

Comment 1: Total Adverse Facts Available (``AFA'')
Comment 2:Separate Rate Status
Comment 3: Scope of the Antidumping Duty Order
Comment 4: Retroactive Application of the Anti-Circumvention 
Determination
[FR Doc. E7-18068 Filed 9-12-07; 8:45 am]
BILLING CODE 3510-DS-S