The following is an update on the status of the
ongoing antidumping reviews on imports of petroleum wax candles
from China by the U.S. Department of Commerce.
It is anticipated that the final determination
will be issued by Commerce on March 8, 2004, and it is expected
that the final China-wide rate will be at or near the 95.74% rate.
In our last newsletter, we reported that 23 Chinese
companies were being reviewed by Commerce for the 2002-03 review
On February 10, 2003, the Commerce Department
published notice that the National Candle Association, the party
that originally requested the review of the 23 Chinese companies,
has withdrawn its request for review of these 23 companies. This
means that the rate in affect for the 2001-2002 review period
(probably the 95.7% rate) will be applied to entries made in the
2002-2003 review period.
The companies for which a review has been terminated
Amstar Business Co., Ltd.;
AtHome America; Avon Products, Inc.;
Candle World Industrial Co.;
Dalian Hanbo Lighting Co., Ltd.;
Guangdong Xin Hui City Si Qian Art & Craft Factory;
Jiangsu Holly Corporation;
Li & Fung Trading Ltd.;
Premier Candle Co. Ltd.;
Shandong Jiaye Gen. Merch.;
Shanghai Charming Wax Co., Ltd.;
Simon Int'l Ltd.;
Sincere Factory Company;
Smartcord Int'l Co., Ltd./Rich Talent Trading;
Suzhou Ind'l Park Nam Kwong;
Taizhou Int'l Trae Corp.;
Two's Company Inc.;
Universal Candle Co., Ltd.;
Zen Continental Co., Inc.; and,
Hang-Scanwell International/Scanwell Freight Express
the NCA withdrew its request for review of the 23 Chinese exporters,
Commerce will continue with its own review of two of these companies
because they filed their own separate requests for review of their
own antidumping rates. The two companies for which Commerce will
continue its review are Fay Candle and Qingdao Kingking.
will now proceed in issuing a full antidumping questionnaire to
these two companies.
the Commerce Department regulations, a “new shipper”
is permitted to file a request for administrative review either
during the anniversary month of the antidumping order (August
for candles from China), or six months after the anniversary month
(in this case, February 2004).
“new shipper” is a supplier that was not reviewed
during the original investigation (which, for candles, was in
1986), and has not been subsequently reviewed by Commerce. Thus,
the 90+ Chinese suppliers who were reviewed in the 2001-02 administrative
review are not permitted to file new shipper reviews.
this year, new shipper requests for the candle AD order must
be filed with Commerce in Washington, D.C. during the period of
February 1 – 29, 2004.
Commerce initiates a review, they will issue a questionnaire to
the new shipper, and, typically, information for six months prior
to the request will be reviewed, in contrast to twelve months’
worth of data that is reviewed in a regular administrative review.
Chinese suppliers who have not been reviewed by Commerce should
seriously consider the opportunities presented by filing a new
you have any questions on any of the issues raised in the newsletter
or any other Customs-related issues, please contact Stephen Spraitzar
at (415) 288-0427 or via email at firstname.lastname@example.org, or George R. Tuttle at
(415) 288-0425 or via email at email@example.com.
Spraitzar is an attorney with the Law Offices of George R. Tuttle
in San Francisco. The information in this article is general
in nature, and is not intended to constitute legal advice or to
create an attorney-client relationship with respect to any event
or occurrence, and may not be considered as such.