has now extended the final determination for the 2001-2002 Annual
Review on candles exported from the PRC until March 8, 2004, at
which time the countrywide rate may be increased to 95.74%.
newsletter, updates status of the 2001-02 and 2002-03 antidumping
administrative reviews of petroleum wax candles from China, as
described in our newsletter of October 15, 2003.
December 17, 2003, Commerce published a Federal Register
notice, indicating that the final determination for the 2001-02
Administrative Review will be postponed for 60 days, up to and
including March 8, 2004. Commerce indicates that they need more
time to complete their review for two of the Chinese exporters
involved in the review (Dongguan Fay Candle Co. and Qingdao Kingking).
its September 9, 2003, Federal Register notice, Commerce
indicated that the China-wide rate on candles imported from China
would now be 95.74%. The final determination is now due March
8, 2004. The September 9, 2003, notice indicated that the 95.74%
rate would apply to all of the companies in Attachment I, which
listed over 90 Chinese candle suppliers. What the preliminary
notice did not indicate, but which we expect to be articulated
in the final determination, is that the 95.74% rate will also
apply to all other Chinese candle suppliers who have not been
given a specific company rate. This means that the 54.21% China-wide
rate will most likely be replaced by the 95.74% rate on March
regard to retroactive duties, only importers whose entries are
unliquidated and who purchased during the period of review (August
1, 2001-July 31, 2002) from the suppliers named in the September
9, 2003, Federal Register notice will be subject to the
95.74% rate. We recommend that importers determine whether they
purchased from these suppliers during the period of review and
whether their entries remain unliquidated at this time to determine
whether they may receive substantial retroactive antidumping duty
increases, if the 95.74% becomes final
importers who imported from companies not named in the September 9,
2003, Federal Register notice, their entries should have
already liquidated at the 54.21% rate. We also recommend that
the liquidation status of these entries be determined.
our last newsletter, we reported that for the 2002-03 review (August
1, 2002, to July 31, 2003), only 23 Chinese exporters/producers
of petroleum wax candles were named in the review. It is our
understanding that Commerce recently forwarded a Quantity and
Value (Q & V) questionnaire to the 23 named companies, which
were listed in one of our prior
newsletters on this topic. This so-called "mini-questionnaire"
is intended to determine the major exporters of petroleum wax
candles from China. Once the responses are reviewed at Commerce
(they were due December 15, 2003), we expect Commerce to determine
which of the 23 companies will be issued the full antidumping
recommend that importers determine as soon as possible whether
any of their Chinese suppliers have received this mini-questionnaire
and whether they have provided responses. Responding to these
questionnaires is complex, and we recommend that assistance be
obtained to review that adequacy of these responses to the full-length
questionnaires issued by Commerce.
you have any questions on any of the issues raised in this newsletter
or any other Customs related issues, please contact Stephen Spraitzar
at (415) 288-0427 or via email at email@example.com, or George R. Tuttle at
(415) 288-0425 or via email at firstname.lastname@example.org.
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.