[Federal Register Volume 75, Number 222 (Thursday, November 18, 2010)]
[Notices]
[Page 70713]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-29263]


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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 Expedited Third Sunset Review of Antidumping Duty Order

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

DATES: Effective Date: November 18, 2010.
SUMMARY: On July 9, 2010, the Department of Commerce (``Department'') 
initiated the third sunset review of the antidumping duty order on 
petroleum wax candles from the People's Republic of China (``PRC''). On 
the basis of a timely notice of intent to participate and an adequate 
substantive response filed on behalf of a domestic interested party, as 
well as an inadequate response from any respondent interested parties 
(in this case, no response), the Department conducted an expedited 
sunset review. As a result of the sunset review, the Department finds 
that revocation of the antidumping duty order would be likely to lead 
to continuation or recurrence of dumping at the margins identified in 
the Final Results of Review section of this notice.

FOR FURTHER INFORMATION CONTACT: Tim Lord, 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) 482-7425.

SUPPLEMENTARY INFORMATION: 

Background

    On July 9, 2010, the Department published the notice of initiation 
of the third sunset review of the antidumping duty order on petroleum 
wax candles from the PRC pursuant to section 751(c) of the Tariff Act 
of 1930, as amended (``the Act''). See Initiation of Five-Year 
(``Sunset'') Review, 75 FR 39494 (July 9, 2010). On July 16, 2010, the 
Department received a notice of intent to participate from a domestic 
interested party, the National Candle Association (``NCA'' or 
``Petitioner''). Submission of the notice of intent to participate 
filed by Petitioner was within the deadline specified in section 
351.218(d)(1)(i) of the Department's regulations. Petitioner claimed 
interested party status under section 771(9)(E) of the Act, as NCA is a 
trade association, a majority of whose members manufacture candles in 
the United States. On August 9, 2010, the Department received a 
substantive response from Petitioner within the deadline specified in 
section 351.218(d)(3)(i) of the Department's regulations. We did not 
receive any adequate substantive responses from any respondent 
interested parties to this proceeding. As a result, pursuant to section 
751(c)(3)(B) of the Act and section 351.218(e)(1)(ii)(C)(2) of the 
Department's regulations, the Department determined to conduct an 
expedited sunset review of the order.

Scope of the Order

    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; 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 (``HTS'') item number 
3406.00.00. The HTS item number is provided for convenience and customs 
purposes. The written description remains dispositive.

Analysis of Comments Received

    All issues raised in this review are addressed in the Issues and 
Decision Memorandum (``Decision Memorandum'') from Susan H. Kuhbach, 
Acting Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations, to Ronald K. Lorentzen, Deputy Assistant Secretary for 
Import Administration, dated November 8, 2010, which is hereby adopted 
by this notice. The issues discussed in the Decision Memorandum 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 the Central Records Unit in room 7046 of the main 
Commerce building.
    In addition, a complete version of the Decision Memorandum can be 
accessed directly on the Internet at http://ia.ita.doc.gov/frn. The 
paper copy and electronic version of the Decision Memorandum are 
identical in content.

Final Results of Review

    Pursuant to sections 752(c)(1) and (3) of the Act, we determine 
that revocation of the antidumping duty order on petroleum wax candles 
from the PRC would be likely to lead to continuation or recurrence of 
dumping at the following percentage margins:

------------------------------------------------------------------------
                                                                Margin
             Manufacturers/producers/exporters                (percent)
------------------------------------------------------------------------
PRC-Wide...................................................       108.30
------------------------------------------------------------------------

    This notice also serves as the only reminder to parties subject to 
administrative protective order (``APO'') of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with section 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(c), and 777(i)(1) of the Act.

    Dated: November 8, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2010-29263 Filed 11-17-10; 8:45 am]
BILLING CODE 3510-DS-P