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Commerce Postpones Candle Circumvention
Requests Until February 2005

December 16, 2004

We wish to advise you that the U.S. Department of Commerce has decided to postpone its decisions on whether to initiate circumvention inquiries that were requested by the National Candle Association ("NCA"). These petitions requested that Commerce determine that imports of palm oil or vegetable-based wax candles are circumventing the antidumping order on petroleum wax candles from China. The new due dates for Commerce to decide are February 11, 2005, on the later-developed merchandise (LDM) petition, and February 15, 2005, for the minor alterations petition.

In addition to the foregoing, Commerce has issued to the NCA supplemental questionnaires regarding each of the two petitions. The NCA is to file its responses by December 27, 2004, but we anticipate that the NCA might ask for and receive a short extension. These questionnaires are detailed, and request that the NCA provide additional factual information to substantiate its claims, particularly focusing on the differences between palm oil candles and petroleum wax candles.  

In most circumvention cases, detailed information, such as that being requested in the Commerce supplemental questionnaires, is often provided after initiation. Here, it is being requested before initiation. In effect, it would appear that a greater burden is being placed on the NCA to show that Commerce should initiate circumvention proceedings.  

We anticipate that there will be an opportunity to file comments on the responses submitted by the NCA. It may be important to refute many of the factual allegations made by the NCA. Left unrefuted, Commerce may take the NCA's "facts" as a given.  

If you would like to have a copy of the extension letter for Commerce or the Commerce supplemental questionnaires issued to the NCA, we would be pleased to email them to you. In addition, if you are interested in joining our growing coalition to oppose these NCA petitions, we would be pleased to discuss this matter with you.

If you have any questions with regard to this newsletter, please do not hesitate to contact Stephen Spraitzar at (415) 288-0427 or at, or George Tuttle at (415) 288-0425 or at

Stephen Spraitzar and George Tuttle are attorneys 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.

Copyright 2005 by Tuttle Law Offices.

All 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.


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