August 21, 2009
The U.S. Department of Commerce (DOC) has recently indicated that it may include the so-called “novelty” candles (candles in the shape of an identifiable object or those candles with a holiday-specific design) within the scope of the Anti-Dumping Order on petroleum wax candles from China. Since the issuance of the ADD order, such novelty candles have been excluded from the scope of the order. DOC has indicated that there are an extremely large number of scope requests on novelty candles, and DOC is now seeking comments about whether these should be within the scope of the order.
As such, the DOC is inviting public comments by September 16th on the best method “to consider whether these novelty candles should or should not be included within the scope of the Order given the extremely large number of scope determinations requested by outside parties.”
DOC intends to issue a preliminary determination with respect to this issue 60 days after September 16, 2009, after which parties will be able to file a brief within 30 days after the issuance of the preliminary determination. DOC intends to issue a final determination within 60 days after receiving comments to the draft response.
Needless to say, inclusion of novelty candles within the scope of the ADD order will be a major departure from existing practice and will impose great burdens and additional costs on importers of novelty candles.
If you would like a copy of the Federal Register Notice, please email Steve Spraitzar at email@example.com or call to discuss at 415-288-0427.
Stephen S. 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.
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