Final Results of Antidumping Duty Administrative Review: Petroleum Wax Candles from the People's Republic of China, 52355-52357 [E7-18068]

Download as PDF 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Customs and Border Protection (CBP) to suspend liquidation of all entries of glycine from Japan that are entered, or withdrawn from warehouse, for consumption on or after the date of publication of this notice in the Federal Register.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 Jkt 211001 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: PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 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: http://ia.ita.doc.gov/download/candlesprc-scope/index.html. E:\FR\FM\13SEN1.SGM 13SEN1 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 http://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). PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 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 http:// 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 Jkt 211001 PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 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 13SEN1

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: http://ia.ita.doc.gov/
download/candles-prc-scope/index.html.
---------------------------------------------------------------------------

    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 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.
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

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