Petroleum Wax Candles From the People's Republic of China: Final Results of the 2004-2005 Antidumping Duty Administrative Review, 62417-62418 [E6-17888]
Download as PDF
<![CDATA[
Federal Register / Vol. 71, No. 206 / Wednesday, October 25, 2006 / Notices
antidumping duty order within 120
days after the date on which the notice
of preliminary results is published in
the Federal Register. However, if the
Department determines that it is not
practicable to complete the review
within the specified time period, section
751(a)(3)(A) of the Act allows the
Department to extend this deadline to
180 days.
Completion of the final results within
the originally anticipated time limit,
October 20, 2006, is impracticable
because the Department requires
additional time to address the
comments of the interested parties as
raised in their June 19, 2006, briefs, June
27, 2006, rebuttal briefs, July 17, 2006,
comments on bentonite and coal
powder usage, and July 24, 2006,
rebuttal comments on this issue.
Because it is not practicable to complete
the review within the time specified
under the Act, the Department is
extending the time limit for completion
of the final results by 15 days to
November 4, 2006, in accordance with
Section 751(a)(3)(A) of the Act.
However, because November 4, 2006,
falls on a Saturday, the signature day
will roll over to the next business day,
November 6, 2006, in accordance with
our practice. See Notice of Clarification:
Application of Next Business Day Rule
for Administrative Determination
Deadlines Pursuant to the Tariff Act of
1930, As Amended, 70 FR 24533 (May
10, 2005).
Additionally, on April 29, 2005,
Shanxi Zhongding Auto Parts Co. Ltd.
agreed to waive the time limits of its
new shipper review, pursuant to 19 CFR
351.214(j)(3), and to have its review
conducted concurrently with the 2004/
2005 administrative review of this order
for the period April 1, 2004, through
March 31, 2005. Therefore, the final
results of this new shipper review will
also be extended by 15 days to
November 6, 2006.
Dated: October 18, 2006.
Stephen J. Claeys,
Deputy Assistant Secretary for Import
Administration
[FR Doc. 06–8896 Filed 10–21–06; 8:45 am]
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
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:
AGENCY:
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.
mstockstill on PROD1PC61 with NOTICES
BILLING CODE 3510–DS–M
Scope of the Antidumping Duty Order 1
The products covered by the Order
are certain scented or unscented
petroleum wax candles made from
petroleum wax and having fiber or
1 See Antidumping Duty Order: Petroleum Wax
Candles From the People’s Republic of China, 51 FR
30686 (August 28, 1986) (‘‘the Order’’).
VerDate Aug<31>2005
15:12 Oct 24, 2006
Jkt 211001
PO 00000
Frm 00002
Fmt 4703
Sfmt 4703
62417
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 PRCwide 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
E:\FR\FM\25OCN1.SGM
25OCN1
62418
Federal Register / Vol. 71, No. 206 / Wednesday, October 25, 2006 / Notices
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
PETROLEUM WAX CANDLES FROM THE Department considered candles
containing less than 50 percent
PRC
petroleum wax to be outside the scope
Weighted- of Order. However, given the
average
Department ’s affirmative Final
Manufacturer/exporter
margin
Anticircumvention Determination, a
(percent)
candle containing any amount of
petroleum wax will now be considered
PRC-wide Entity .........................
subject to antidumping duties. As such,
(including Qingdao Youngson Industrial Co., Ltd.) ....................
108.30 following the Final Anticircumvention
Determination, the Department
instructed CBP to suspend liquidation
Cash Deposit Requirements
of entries of candles containing any
The following deposit requirements
amount of petroleum wax beginning
will be effective upon publication of the February 25, 2005. For this POR, the
final results of this administrative
Department will instruct CBP to
review for all shipments of petroleum
liquidate all suspended entries of
wax candles from the PRC entered, or
subject merchandise from the PRC-wide
withdrawn from warehouse, for
entity, including Youngson, at 108.30
consumption on or after the publication percent. This will include those mixeddate of this notice, as provided for by
wax candles composed of petroleum
section 751(a)(1) of the Act: (1) For any
wax and more than 50 percent or more
previously reviewed or investigated PRC palm and/or other vegetable oil-based
or non-PRC exporter, not covered in this waxes subject to the Final
review, with a separate rate, the cash
Anticircumvention Determination that
deposit rate will be the companyentered between February 25, 2005 and
specific rate established in the most
July 31, 2005.
recent segment of those proceedings; (2)
Reimbursement of Duties
for all other PRC exporters, the cash
deposit rate will be the PRC-wide rate
This notice also serves as a final
indicated above; and (3) the cash
reminder to importers of their
deposit rate for any non-PRC exporter of responsibility under 19 CFR 351.402(f)
subject merchandise from the PRC who
to file a certificate regarding the
does not have its own rate will be the
reimbursement of antidumping duties
rate applicable to the PRC exporter that
prior to liquidation of the relevant
supplied the non-PRC exporter. These
entries during this POR. Failure to
deposit requirements, when imposed,
comply with this requirement could
shall remain in effect until publication
result in the Secretary’s presumption
of the final results of the next
that reimbursement of antidumping
administrative review.
duties occurred and the subsequent
assessment of doubled antidumping
Assessment Rates
duties.
Normally, the Department will issue
Administrative Protective Orders
appraisement instructions directly to
U.S. Customs and Border Protection
This notice also serves as a reminder
(‘‘CBP’’) within 15 days of publication
to parties subject to administrative
of the final results of this administrative protective orders (‘‘APO’’) of their
review. On September 29, 2006, the
responsibility concerning the return or
Department issued the final
destruction of proprietary information
determination on a concurrent laterdisclosed under APO in accordance
developed merchandise
with 19 CFR 351.305, which continues
anticircumvention inquiry on petroleum to govern business proprietary
wax candles from the PRC. See Laterinformation in this segment of the
Developed Merchandise
proceeding. Timely written notification
Anticircumvention Inquiry of the
of the return/destruction of APO
mstockstill on PROD1PC61 with NOTICES
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:
VerDate Aug<31>2005
15:12 Oct 24, 2006
Jkt 211001
PO 00000
Frm 00003
Fmt 4703
Sfmt 4703
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
DEPARTMENT OF COMMERCE
International Trade Administration
[A–489–807]
Certain Steel Concrete Reinforcing
Bars From Turkey; Notice of Extension
of Time Limits for Preliminary Results
of Antidumping Duty Administrative
Review and New Shipper Review
Import Administration,
International Trade Administration,
Department of Commerce.
DATES: Effective Date: October 25, 2006.
FOR FURTHER INFORMATION CONTACT: Irina
Itkin or Alice Gibbons, AD/CVD
Operations, Office 2, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW., Washington, DC 20230;
telephone: (202) 482–0656 or (202) 482–
0498, respectively
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On May 31, 2006, the Department of
Commerce (the Department) published a
notice of initiation of administrative
review of the antidumping duty order
on certain steel concrete reinforcing bars
(rebar) from Turkey. See Initiation of
Antidumping and Countervailing Duty
Administrative Reviews and Request for
Revocation in Part, 71 FR 30864 (May
31, 2006). The period of review is April
1, 2005, through March 31, 2006, and
the preliminary results are currently due
no later than January 2, 2007, the first
business day after December 31, 2006.
The review covers five producers/
exporters of the subject merchandise to
the United States.
In addition, on May 26, 2006, the
Department published a notice of
initiation of a new shipper review of the
antidumping duty order on rebar from
Turkey for Kroman Celik Sanayii A.S.,
a producer of subject merchandise, and
its affiliated export trading company,
E:\FR\FM\25OCN1.SGM
25OCN1
]]>Agencies
[Federal Register Volume 71, Number 206 (Wednesday, October 25, 2006)]
[Notices]
[Pages 62417-62418]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-17888]
-----------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\1\ See Antidumping Duty Order: Petroleum Wax Candles From the
People's Republic of China, 51 FR 30686 (August 28, 1986) (``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; 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
