Although Commerce is moving forward with the Administrative
Review of over 100 Chinese exporters of petroleum wax candles
from China, there has been an unexpected delay in verification,
due to the SARS epidemic in China. Other developments concerning
this Administrative Review are discussed below.
of 2001-02 Administrative Review
After initiating the Administrative Review, Commerce
forwarded a questionnaire to all 105 companies concerning the
total quantity and value of sales to the United States for the
purpose of determining the largest exporters to the U.S. Because
Commerce does not have sufficient resources to review responses
from all 105 Chinese exporters, Commerce has selected five "mandatory
respondents", including the following:
Dongguan Fay Candle Co.
Smartcord International Co., Ltd./Rich Talent Trading
Qingdao Kingking Applied Chemistry Co., Ltd.
Amstar Business Co., Ltd.
Jiangsu Holly Corporation
It is Commerce's intention to utilize the questionnaire
responses from these five mandatory respondents to determine the
new antidumping duty rate for the 105 companies under review.
Questionnaires have already been issued to the five
mandatory respondents, and responses have been received. Commerce
has also issued supplemental questionnaires to two of the companies,
and is currently waiting for their responses.
It is Commerce's intention to travel to China to verify
the questionnaire responses. However, because of the SARS epidemic
in China, the time for the verification has not yet been scheduled.
Thus, it appears that there will be a delay in the publication
of the preliminary determination. Once the Commerce officials
return from the verification, they will publish their preliminary
determination, which will provide a new proposed antidumping duty
rate for the companies under review. This rate will be determined
based upon the questionnaire responses from the five mandatory
respondents. After publication of the preliminary determination,
interested parties will have 30 days in which to submit comments.
After receiving and reviewing the comments, Commerce will issue
its final determination. It should be noted that if the five
mandatory respondents fail to respond, respond inadequately, or
do not pass the verification, Commerce will use "best facts
available" to determine the new antidumping duty rate, which
will probably be higher than the current 54.21%.
Administrative Review for 2002-03
We anticipate that the National Candles Association
will file another request for Administrative Review by August
31, 2003, in order to review the antidumping duty rate for the
period of 2002-03. This request will most likely include all
of the 105 companies in the current review, as well as other companies
that are discovered by the NCA.
Needless to say, the area of antidumping duties is
a difficult and complicated one. Professional advice should be
sought with regard to completing a questionnaire and for counsel
in participating effectively in these antidumping proceedings.
Our law firm specializes in the practice of antidumping,
Customs, and international trade. Our firm is especially fortunate
to have associated itself with a consultant who was a former antidumping
analyst at Commerce and who worked on many antidumping cases involving
We have had substantial experience with regard to
the AD order on candles from China and other AD cases. As an
example, we represented an exporter of porcelain-on-steel-cookware
from China and assisted the exporter in answering the Commerce
questionnaire. As a result of our efforts, Commerce reduced the
company’s AD duties from 66.23% to zero.
If you or any of your suppliers believe you may be
subject to the Commerce antidumping administrative review, please
do not hesitate to contact us. We can provide assistance in responding
to Commerce questionnaires, as well as advice on other strategies
for minimizing final duty obligations.
The Law Offices of George R. Tuttle, PC, specialize
in the area of antidumping and international trade. If you wish
any additional information on this matter, please email Steve
Spraitzar at email@example.com,
or contact him by telephone at (415) 288-0427.
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 such.
© 2005 by Tuttle Law Offices.
rights reserved. Information has been obtained from sources believed
to be reliable. However, because of the possibility of human or
mechanical error by our offices or by others, we do not guarantee
the accuracy, adequacy, or completeness of any information and are
not responsible for any errors, omissions, or for the results obtained
from the use of such information.