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February 05, 2002

We wish to discuss an upcoming opportunity in February 2002 for importers of petroleum wax candles from China to potentially reduce the antidumping duties on these products.

Filing A Request For An Administrative Review

One of the most common avenues to potentially reduce antidumping duties (AD) is to file a request for an administrative review with the U.S. Department of Commerce during the "anniversary" month of the particular AD order.  For the AD order on petroleum wax candles from China, the anniversary month is August.  Thus, importers and exporters would normally have had to file their requests during the period of August 1-31, 2001.  The current China-wide AD duty rate on petroleum wax candles from China is 54.21%.

 Request for "New Shipper"Administrative Reviews in February 2002

If importers missed the August 31st filing date, they may be able to take advantage of a relatively new procedure enacted into law as a result of GATT negotiations.  This allows "new shippers" to file requests for administrative reviews at any time with the Department of Commerce.  In general, a new shipper is an exporter or producer that did not export and is not affiliated with a company that did export to the U.S. during the original AD investigation.  To simplify, with respect to the AD order on petroleum wax candles, a new shipper would be an exporter that essentially did not export to the U.S. in 1986.  Since many Chinese exporters of candles have come into existence since 1986, they should be able to take advantage of this new shipper procedure.

As a matter of practice, Commerce will accept reviews of new shipper petitions, either during the anniversary month of the AD order, or six months after the anniversary month, depending upon when the petition is filed.  Thus, the next opportunity for new shippers to file a request with the Department of Commerce in the AD order on petroleum wax candles would be February 1-28, 2002.  After a new shipper petition is received, Commerce will then issue a questionnaire to the exporter and review entries during the six calendar months that preceded February 2002.

The area of antidumping duties is a difficult and a complicated one, and planning your strategy carefully and well in advance is essential.  Professional advice should be sought with regard to responding to an antidumping questionnaire.  Our law firm is familiar with antidumping cases from China, and was successful in reducing the antidumping duties for a Chinese exporter from 66.21% to zero in the antidumping order of Porcelain-On-Steel Cookware from China.  In addition, we are fortunate to be associated with a former Commerce Department analyst, who worked in the antidumping section at Commerce.

If you have any questions on the issues raised in this newsletter, please contact Stephen Spraitzar at (415)-288-0427, or at


Copyright 2002 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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