Final Results of Antidumping Duty Administrative Review: Petroleum Wax Candles from the People's Republic of China, 52355-52357 [E7-18068]
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Federal Register / Vol. 72, No. 177 / Thursday, September 13, 2007 / Notices
in an investigation, the hearing
normally will be held two days after the
deadline for submission of the rebuttal
briefs at the U.S. Department of
Commerce, 14th Street and Constitution
Avenue, N.W., Washington, DC 20230.
Parties should confirm by telephone the
time, date, and place of the hearing 48
hours before the scheduled time.
Interested parties who wish to request
a hearing, or to participate if one is
requested, must submit a written
request within 30 days of the
publication of this notice. Requests
should specify the number of
participants and provide a list of the
issues to be discussed. Oral
presentations will be limited to issues
Margin (percent)
raised in the briefs. We will make our
final determination within 75 days after
the date of this preliminary
determination.
280.57
This determination is issued and
280.57
280.57 published pursuant to sections 733(f)
and 777(i)(1) of the Act.
Suspension of Liquidation
In accordance with section 733(d) of
the Act, we are directing U.S. Customs
and Border Protection (CBP) to suspend
liquidation of all entries of glycine from
Japan that are entered, or withdrawn
from warehouse, for consumption on or
after the date of publication of this
notice in the Federal Register. We will
instruct CBP to require a cash deposit or
the posting of a bond equal to the
margins, as indicated in the chart below.
These suspension–of-liquidation
instructions will remain in effect until
further notice. The dumping margins are
as follows:
Manufacturer or Exporter
Nu–Scaan
Nutraceuticals Co.,
Ltd. ............................
Yuki Gosei Co., Ltd. .....
Showa Denko K.K. .......
Hayashi Pure Chemical
Industries Co., Ltd. ....
CBC Co., Ltd. ...............
Seino Logix Co., Ltd. ....
Estee Lauder Group
Companies K.K. ........
Chelest Corporation ......
All Others ......................
280.57
280.57
280.57
280.57
280.57
165.34
ebenthall on PRODPC61 with NOTICES
International Trade Commission
Notification
In accordance with section 733(f) of
the Act, we have notified the ITC of our
preliminary determination of sales at
less than fair value. If our final
antidumping determination is
affirmative, the ITC will determine
whether the imports covered by that
determination are materially injuring, or
threatening material injury to, the U.S.
industry. The deadline for the
Commission’s determination would be
the later of 120 days after the date of this
preliminary determination or 45 days
after the date of our final determination.
Public Comment
Case briefs for this investigation must
be submitted no later than 30 days after
the publication of this notice. Rebuttal
briefs must be filed within five days
after the deadline for submission of case
briefs. A list of authorities used, a table
of contents, and an executive summary
of issues should accompany any briefs
submitted to the Department. Executive
summaries should be limited to five
pages total, including footnotes.
Section 774 of the Act provides that
the Department will hold a hearing to
afford interested parties an opportunity
to comment on arguments raised in case
or rebuttal briefs, provided that such a
hearing is requested by an interested
party. If a request for a hearing is made
VerDate Aug<31>2005
16:19 Sep 12, 2007
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Dated: September 6, 2007.
David M. Spooner,
Assistant Secretary for Import
Administration.
[FR Doc. E7–18080 Filed 9–12–07; 8:45 am]
BILLING CODE 3510–DS–S
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
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.
AGENCY:
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52355
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 Order1
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–
1 Final scope rulings on petroleum wax candles
scope inquiries addressed by the Department can be
found at: https://ia.ita.doc.gov/download/candlesprc-scope/.
E:\FR\FM\13SEN1.SGM
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52356
Federal Register / Vol. 72, No. 177 / Thursday, September 13, 2007 / Notices
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 companies2 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.
ebenthall on PRODPC61 with NOTICES
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 https://www.trade.gov/ia/
. The paper copy and electronic version
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.
VerDate Aug<31>2005
15:29 Sep 12, 2007
Jkt 211001
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.
Final Results of Review
We determine that the following
percentage weighted–average margins
exist for the POR:
Manufacturer/Exporter
Margin (Percent)
Deseado International,
Ltd. ............................
108.30 %
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.
Adverse Facts Available
Cash Deposit Requirements
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.
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.
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 711045 (December 20, 1999) (where the respondent was
wholly owned by persons located in Hong Kong).
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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.
E:\FR\FM\13SEN1.SGM
13SEN1
Federal Register / Vol. 72, No. 177 / Thursday, September 13, 2007 / Notices
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
and NOAA, the renewal charter has
been modified as follows: (1) The term
of the Chairperson has been specified to
be until the end of the selected
member’s term on the SAB. (2) Members
whose terms on the SAB have expired
may remain on at the specific request of
the Under Secretary for a period of time
not to exceed one year beyond the
original end date of the final term. (3)
Members of the SAB’s task forces and
working groups shall be appointed by
the Under Secretary or his designee in
accordance with applicable Department
of Commerce appointment procedures
for members of advisory committees.
FOR FURTHER INFORMATION CONTACT: Dr.
Cynthia Decker, Executive Director,
Science Advisory Board, NOAA, Rm.
11230, 1315 East-West Highway, Silver
Spring, Maryland 20910. (Phone: 301–
734–1156, Fax: 301–713–1459, E-mail:
Cynthia.Decker@noaa.gov); or visit the
NOAA SAB Web site at https://
www.sab.noaa.gov.
52357
(4) Other business.
(5) Discussion of future meetings and
topics.
(6) Adjournment.
The meeting is open to the public.
Any member of the public who wishes
to file a written statement with the
committee should mail a copy of the
statement to the attention of: Global
Markets Advisory Committee, c/o
Acting Chairman Walter L. Lukken,
Commodity Futures Trading
Commission, Three Lafayette Centre,
1155 21st Street NW., Washington, DC
20581, before the meeting. Members of
the public who wish to make oral
statements should inform Acting
Chairman Lukken in writing at the
foregoing address at least three business
days before the meeting. Reasonable
provision will be made, if time permits,
for oral presentations of no more than
five minutes each in duration.
For further information concerning
this meeting, please contact Erin Shaw
at 202–418–5078.
Dated: September 5, 2007.
Mark E. Brown,
Chief Financial Officer and Chief
Administrative Officer, Office of Oceanic and
Atmospheric Research, National Oceanic and
Atmospheric Administration.
[FR Doc. E7–18097 Filed 9–12–07; 8:45 am]
Issued by the Commission in Washington,
DC on September 10, 2007.
David A. Stawick,
Secretary of the Commission.
[FR Doc. E7–18090 Filed 9–12–07; 8:45 am]
BILLING CODE 3510–KD–P
BILLING CODE 6351–01–P
National Oceanic and Atmospheric
Administration
COMMODITY FUTURES TRADING
COMMISSION
DEPARTMENT OF DEFENSE
Science Advisory Board; Notice of
Charter Renewal
Global Markets Advisory Committee
Meeting
Office of Oceanic and
Atmospheric Research (OAR), National
Oceanic and Atmospheric
Administration (NOAA), Department of
Commerce (DOC).
ACTION: Notice of charter renewal.
This is to give notice, pursuant to
section 10(a) of the Federal Advisory
Committee Act, 5 U.S.C. App. 2, section
10(a), that the Commodity Futures
Trading Commission’s Global Markets
Advisory Committee will conduct a
public meeting on Tuesday, October 2,
2007. The meeting will take place in the
first floor hearing room of the
Commission’s Washington, DC
headquarters, Three Lafayette Centre,
1155 21st Street NW., Washington, DC
20581 from 1 to 4 p.m. The purpose of
the meeting is to discuss global marketsrelated issues in the financial services
and commodity markets. The meeting
will be chaired by Walter L. Lukken,
who is Acting Chairman of the
Commission and Chairman of the Global
Markets Advisory Committee.
The agenda will consist of the
following:
(1) Call to order and introductions.
(2) Report on activities of CFTC Office
of International Affairs.
(3) Cross-border clearing issues.
[FR Doc. E7–18068 Filed 9–12–07; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
AGENCY:
SUMMARY: The Department of
Commerce’s Chief Financial Officer and
Assistant Secretary for Administration
has renewed the charter for the Science
Advisory Board (SAB) for a 2-year
period, through August 8, 2009. The
SAB is a federal advisory committee
under the Federal Advisory Committee
Act (Pub. L. 92–463).
DATES: Renewed through August 8,
2009.
The
charter has evolved since the SAB’s
inception in 1997 so as to accurately
describe the SAB’s purpose,
membership, and administrative
provisions. To more fully align the
charter with the current state of the SAB
ebenthall on PRODPC61 with NOTICES
SUPPLEMENTARY INFORMATION:
VerDate Aug<31>2005
16:19 Sep 12, 2007
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Office of the Secretary
Termination of Federal Advisory
Committee
AGENCY:
ACTION:
DoD.
Notice.
SUMMARY: Under the provisions of the
Federal Advisory Committee Act of
1972, (5 U.S.C. appendix, as amended),
the government in the sunshine Act of
1976 (5 U.S.C. 552b, as amended),k and
41 CFR 102–3.55, the Department of
Defense gives notice that it will
terminate the charter for the U.S.
Southern Command Advisory Group on
September 30, 2007.
The committee’s charter was filed
April 2, 2007; however, changing
priorities within the U.S. Southern
Command have negated the need for
this advisory committee. The
Department of Defense did not expend
any funds on this committee nor did it
approve the appointment of any
committee members.
FOR FURTHER INFORMATION CONTACT:
Contact Jim Freeman, DoD Committee
E:\FR\FM\13SEN1.SGM
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]]>Agencies
[Federal Register Volume 72, Number 177 (Thursday, September 13, 2007)]
[Notices]
[Pages 52355-52357]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-18068]
-----------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\1\ Final scope rulings on petroleum wax candles scope inquiries
addressed by the Department can be found at: https://ia.ita.doc.gov/
download/candles-prc-scope/.
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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 https://
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.
---------------------------------------------------------------------------
\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)
------------------------------------------------------------------------
Deseado International, Ltd.......................... 108.30 %
------------------------------------------------------------------------
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
