69 FR 75 pgs. 20858-20859 - Amended Notice of Final Results of the Antidumping DutyAdministrative Review: Petroleum Wax Candles from the People's Republic ofChina
Type: NOTICEVolume: 69Number: 75Pages: 20858 - 20859
Docket number: [A-570-504]
FR document: [FR Doc. 04-8800 Filed 4-16-04; 8:45am]
Agency: Commerce Department
Sub Agency: International Trade Administration
Official PDF Version: PDF Version
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-504]
Amended Notice of Final Results of the Antidumping DutyAdministrative Review: Petroleum Wax Candles from the People's Republic ofChina
AGENCY:
Import Administration, International TradeAdministration, Department of Commerce.
SUMMARY:
On March 15, 2004, the Department of Commerce(Department) published the final results of its administrative review ofthe antidumping duty order on petroleum wax candles from the People'sRepublic of China (PRC) for the period from August 1, 2001 to July 31, 2002in the Federal Register . See Notice of FinalResults and Rescission, In Part, of the Antidumping Duty AdministrativeReview: Petroleum Wax Candles from the People's Republic of China , 69Fed. Reg. 12121 (March 15, 2004) ( Final Results ). We areamending our Final Results to correct ministerial errorsalleged by the National Candle Association (the Petitioner) pursuant tosection 751(h) of the Tariff Act of 1930, as amended (the Act).
EFFECTIVE DATE:
April 19, 2004.
FOR FURTHER INFORMATION CONTACT:
Sally Gannon at (202)482-0162 or Mark Hoadley at (202) 482-3148, Office of AD/CVDEnforcement VII, Import Administration, International Trade Administration,U.S. Department of Commerce, 14th Street and Constitution Avenue, NW.,Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Scope of the Antidumping Order
The products covered by this order are certain scented or unscentedpetroleum wax candles made from petroleum wax and having fiber orpaper-cored wicks. They are sold in the following shapes: tapers,spirals, and straight-sided dinner candles; rounds, columns, pillars,votives; and various wax-filled containers. The products wereclassified under the Tariff Schedules of the United States (TSUS) item755.25, Candles and Tapers. The products are currently classified underthe Harmonized Tariff Schedule of the United States, Annotated forStatistical Reporting Purposes (2004) (HTSUS) item 3406.00.00. Althoughthe HTSUS subheading is provided for convenience and customs purposes, ourwritten description of the scope of this proceeding remainsdispositive.
Amendment of Final Results
On March 15, 2004, the Department published the final results for itsreview of the antidumping duty order on petroleum wax candles from the PRC. See Final Results . On March 23, 2004, in accordance withsection 751(h) of the Act and 19 C.F.R. 351.224(c)(2), the Petitionertimely filed an allegation that there were ministerial errors in the Final Results . The Petitioner contends that in the Final Results , the Department erred in its calculations ofsurrogate values from the Indian import data used by the Department as thebasis for valuation of certain of the factors of production. Dongguan FayCandle Co., Ltd. (the Respondent) did not allege any ministerial errors,nor did they rebut the Petitioner's allegations. The Petitioner allegestwo types of ministerial errors.
For the following factors of production: Masonite board, Styrofoam,wick, metal plate, metal stand, metal star, and wick stand, the Petitioneralleges that the Department incorrectly multiplied the value of Indianimports by 100 million rupees (100,000,000 rupees), instead of the correctfigure of one billion rupees (1,000,000,000 rupees), prior to division bythe quantity of imports in kilograms. The Petitioner notes that the Indianimport data is provided in billions of rupees, and, therefore, must bemultiplied by 1,000,000,000 rupees in the Department's formula to calculatethe correct surrogate value. The Petitioner states that the correctmultiplier was used in other comparable formulas for other factors ofproduction calculations disclosed by the Department in this case. ThePetitioner suggests the following formula in order to correct the surrogatevalue for these inputs:
(sum of total value * 1,000,000,000 rupees) / sum of total quantity
For banding strap, the Petitioner alleges that the Department usedaverage unit values in rupees per kilogram, instead of the Indian pricedata in the numerator of the formula used to calculate the surrogate value.As a result, according to the Petitioner, when the average unit values weresummed, the calculated total was not the total value of imports. ThePetitioner suggests that the Department use the Indian import data tocalculate the surrogate value for banding strap in order to correct thisministerial error.
The Act, as well as the Department's regulations, define a ministerialerror as one involving "addition, subtraction, or other arithmeticfunction, clerical errors resulting from inaccurate copying, duplication,or the like, and any other type of unintentional error which the Secretaryconsiders ministerial." See section 751(h) of the Actand 19 CFR 351.224(f).
After reviewing Petitioner's allegations, we have determined that thealleged errors are ministerial errors pursuant to section 751(h) of the Actand 19 CFR 351.224(f). Therefore, we are amending the FinalResults to correct the above-described ministerial errors.First, the Petitioner is correct that to calculate the total Indian importvalues, the value in the statistics must be multiplied by one billionrupees. Therefore, for Masonite board, Styrofoam, wick, metal plate, metalstand, metal star, and wick stand, we are amending the formula used tocalculate the surrogate values to reflect that the data are provided inbillions of Indian Rupees. As stated above, the correct formula used forthese amended final results is: (sum of total value * 1,000,000,000) / sumof total quantity. See Memorandum to the File through SallyGannon from Sebastian Wright Regarding Correction of Ministerial Errors inthe Determination of Surrogate Values for Use in the Amended Final Resultsof the Administrative Review of Petroleum Wax Candles from the People'sRepublic of China , dated April 2, 2004 (Ministerial Error Memo). (Thismemorandum is on the record of this review and is on file in roomB-099 of the Central Records Unit of the main Department of Commercebuilding.) With regard to banding strap, we agree that the Departmentinadvertently used average unit values rather than total import values tocalculate the surrogate value. Therefore, we used the Indian import totalvalue data for banding strap as provided by the World Trade Atlas for theperiod of review. See Ministerial Error Memo .
Amended Final Results of Review
In the Final Results , the Department determined that theRespondent, Shandong Jiaye General Merchandise Co., Ltd. (Shandong Jiaye) ,and Shanghai Charming Wax Co., Ltd. (Shanghai Charming) each remainedeligible for a separate, company-specific rate. We also determinedto apply total adverse facts available (AFA) to the PRC entity. See FinalResults. As AFA, and as the PRC-wide rate, the Department assignedFay Candle's calculated rate from the instant review, which was the highestrate determined in the current or any previous segment of this proceeding.See Final Results. As a result of correcting the ministerial errorsdescribed supra, we are amending the rates for each company that wedetermined was eligible for a separate rate, and for the PRC entity rate,as stated below. We are also amending the AFA rate, which we applied tothe 97 companies identified in Attachment II of the Final Results, toreflect the ministerial corrections.
We determine that the following percentage margins exist for the periodAugust 1, 2001 through July 31, 2002.
| Manufacturer/Exporter | Margin |
|---|---|
| Dongguan Fay Candle Co., Ltd. | 108.30percent |
| Shanghai Charming Wax Co., Ltd. | 108.30percent |
| Shandong Jiaye General Merchandise Co.,Ltd. | 108.30 percent |
| PRC-Wide Rate | 108.30percent |
Assessment and Cash Deposit Requirements
The following deposit requirements will be effective upon publication ofthese amended final results for this administrative review for allshipments of petroleum wax candles from the PRC entered, or withdrawn fromwarehouse, for consumption on or after the date of publication, as providedby section 751(a)(2)(C) of the Act: (1) the cash deposit rates for FayCandle, Shanghai Charming, and Shandong Jiaye will be the rates listedabove in the "Amended Final Results of Review" section; (2) forpreviously-reviewed PRC and non-PRC exporters with separaterates, the cash deposit rate will be the company-specific rateestablished for the most recent period; (3) for all other PRC exporters,the cash deposit rate will be the new PRC-wide rate, as listed abovein the "Amended Final Results of Review" section; and, (4) forall other non-PRC exporters, the cash deposit rate will be the rateapplicable to the PRC exporter that supplied that exporter. These depositrequirements shall remain in effect until publication of the final resultsof the next administrative review.
Accordingly, the Department will determine, and U.S. Customs and BorderProduction (CBP) shall assess, antidumping duties on all appropriateentries. The Department will issue appropriate assessment instructionsdirectly to CBP within 15 days of publication of these amended finalresults of review.
We are issuing and publishing this determination and notice inaccordance with sections 751(a)(1), 751(h), and 777(i)(1) of the Act and 19C.F.R. 351.224(f).
Dated: April 12, 2004.
Jeffrey A. May,
Acting Assistant Secretary for Import Administration.
[FR Doc. 04-8800 Filed 4-16-04; 8:45am]
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