MEMORANDOM
FOR: |
Joseph A.
Spetrini
Deputy Assistant Secretary for Compliance
|
| THROUGH:
|
Roland L.
MacDonald, Director
Office of Agreements Compliance
|
| FROM:
|
Holly
A. Kuga, Director
Office of Antidumping Compliance
|
| SUBJECT:
|
Final
Scope Ruling -- Antidumping Duty Order on Petroleum Wax Candles From the
People’s Republic of China (A-570-504); Primark International |
1. SUMMARY
On March 31, 1993, Primark
International (Primark) requested that the Department of Commerce (the Department)
issue a ruling that Primark’s candles, numbered 10031, 10032, 10033, and 10034,
be found outside the scope of the antidumping duty order on petroleum wax candles
from the People’s Republic of China (PRC).
Based on an analysis of
the information on the record, and in accordance with 19 CFR 353.29(i) (1),
the Department determines that candles numbered 10031 and 10033 are within the
scope of the order, and that candles 10032 and 10034 are outside the scope of
the order.
2. BACKGROUND
a. Scope of the
Order
The products covered by
this order are "certain scented or unscented petroleum wax candles made from
petroleum wax and having fiber or paper-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." (See Antidumping Duty
Order: Petroleum Wax Candles from the PRC, 51 FR 30686, August 28, 1986.)
The need for scope clarification
of the antidumping order on petroleum wax candles has arisen on several occasions
prior to this scope determination request. Relevant to this inquiry is a clarification
issued by the Department to the U.S. Customs Service excluding "Santa Claus"
candles from the scope of the order:
The Department of Commerce
has determined that certain novelty candles, such as Christmas novelty candles,
are not within the scope of the antidumping duty order on petroleum-wax
candles from the People’s Republic of China (PRC). Christmas novelty candles
are candles specially designed for use only in connection with the Christmas
holiday season. This use is clearly indicated by Christmas scenes and symbols
depicted in the candle design. Other novelty candles not within the scope
of the order include candles having scenes or symbols of other occasions
(e.g., religious holidays or special events) depicted in their designs,
figurine candles, and candles shaped in the form of identifiable objects
(e.g., animals or numerals).
(See CIE N-2l2/85, September
21, 1987.)
b. Request
On March 31, 1993, Primark
filed a letter with the Department asking that the Department clarify whether
four of its candles, depicting various holiday scenes on their containers, fall
within the scope of the order on candles from the PRC. Primark’s submission
stated that the candles should be found outside the order as they "fall under
the ‘other novelty types’ [provision]" (See Letter from Janet K. Lutton-Marvin,
on behalf of Primark, to the Department, March 31, 1993).
3. ANALYSIS
In accordance with 19 CFR
353.29(i)(1), in analyzing the scope request in this proceeding, the Department
took into account the descriptions of the merchandise contained in the petition,
the initial investigation, and the determinations of the Department and the
International Trade Commission (ITC). Documents from the underlying investigation
deemed relevant by the Department to the scope of the outstanding order were
made part of the record of this determination. Documents that were not presented
to the Department, or placed by it on the record, do not constitute part of
the record for this determination.
The candles at issue are
containers filled with petroleum wax having fiber wicks. Thus, on their face,
the candles would appear to tall within the scope of the order on petroleum
wax candles from the PRC.
In its letter, Primark requested
that all four of the candles listed be found outside the scope of the order
based on the "other holiday types" provision. (See Id.)
In the previous scope clarification
referred to by Primark, the Department determined that "certain Christmas novelty
candles…are not within the scope of the order...[because they] are specifically
designed for use only in connection with the Christmas holiday season."
The four candles submitted
by Primark are in tin containers with lids. Candle number 10032 is in a blue
container with stars covering the sides and lid. In addition to the stars, the
lid has a picture of Santa Claus flying with reindeer. Candle number 10034 has
Santa Claus, a chimney, an elf, and a tree on the lid of the container. The
side of the container continues the brick design of the chimney. The containers
for candles 10031 and 10033 have designs of flowers, berries, and leaves.
As the order specifically
includes both candles and "wax-filled containers," exclusionary design characteristics
may either be on the candle or the container in which the candle is held. Thus,
a wax-filled container with "scenes or symbols of other occasions (e.g., religious
holidays or special events)" on the container may be found outside the scope
of the order.
Candles 10032 and 10034
both have Santa Claus designs on their container. As candles with Santa Claus
designs were specifically excluded from the order in the Customs Notice mentioned
above, candles 10032 and 10034 are found outside the scope of the order.
The containers for candles
10031 and 10033, and their lids, have designs of flowers, leaves, and berries
on them. These designs do not depict a "scene or symbol" of any specific occasion
or’ special event. Therefore, candles 10031 and 10033 are within the scope of
the order.
4. CONCLUSION
The product descriptions
contained in the petition, the initial investigation, and the determinations
of the Department and the ITO are dispositive concerning whether the merchandise
in question is within the scope of the order.
Candles 10032 and 10034
are in containers that have Santa Claus pictures on them. As such, these candles
follow the Christmas novelty candles precedent and are found outside the scope
of the order.
Candles 10031 and 10033
are in containers that have designs of flowers, leaves, and berries. These designs
do not depict "scenes or symbols of...religious holidays or special events."
Therefore, candles 10031 and 10033 are within the scope of the order.
5. RECOMMENDATION
That the Department find
the candles imported by Primark and numbered 10032 and 10034 outside of the
scope of the antidumping duty order.
_____√_____Agree ___________Disagree
That the Department find
the candles imported by Primark and numbered 10031 and 10033 within the scope
of the antidumping order.
_____√_____Agree ___________Disagree
If you agree, we recommend
sending the attached letter to interested parties.
_____√_____Agree___________Disagree
Joseph A. Spetrini
Deputy Assistant Secretary
for Compliance
6/7/93
Date
Attachment