May 7, 2004
On April 19, 2004, Commerce published a notice in the Federal Register that it has revised the China-wide rate from 95.95% to 108.30% in the antidumping order on petroleum wax candles from China. In addition , Commerce also raised the AD rate for Dongguan Fay Candle, Shanghai Sharming Wax and Shandong Jiaye General Merchandise to 108.30%. The new 108.30% will be applied to petroleum wax candles from China for the companies reviewed for the period of August 1, 2001-July 31, 2002. The 108.30% will be the new deposit rate for petroleum wax candles entered on or after May 4, 2004.
The petitioners in this Administrative Review, the National Candle Association (NCA), had filed a brief indicating that Commerce had erred in its calculation of the surrogate values from the Indian import data used by Commerce as the basis for valuation of certain of the factors of production. Commerce subsequently agreed with the position of the NCA and recalculated the China-wide rate to 108.30%. Commerce has indicated that liquidation instructions will be issued within 15 days of its April 19, 2004, notice, or by May 4, 2004. These liquidation instructions will instruct CBP to liquidate entries from the named suppliers at the new 108.30% China-wide rate for the period August 1, 2001-July 31, 2002.
Two actions have been filed in the U.S. Court of International Trade to contest certain aspects of Commerce's final determination. However, the scope of review in these two court actions are limited. Moreover, these lawsuits would affect only companies who imported from the two Chinese suppliers named in these lawsuits. Entries of importers from all other reviewed Chinese suppliers will be liquidated at the 108.30% for the period of review.
The next opportunity to request an administrative review with Commerce in order to obtain a lower AD rate for a specific Chinese supplier will be August 2004. Such an administrative review must be filed during the period of August 1-31, 2004.
If you have any questions on any of the issues raised in this newsletter, please contact Steve 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 .
Stephen 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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