By Certified Mail, Return
To All Interested Parties:
On March 29, 1995, Sun It,
Corp. (Sun) requested that the Department of Commerce (the Department) issue
a scope ruling on whether certain candles imported by Sun are covered by the
antidumping duty order on petroleum wax candles from the People’s Republic of
China (PRC). The subject candles include Sun’s "Flag Lites" torch candle, model
numbers 271N and 271ND; the "Porch Torch" candles, model numbers 259NA and 259NDA;
the "Gigantic Fruit" candles, model number 281N; and the "Pumpkin" candles,
model numbers 284N and 285N.
In accordance with 19 CFR
353.29(b) of the Department’s regulations, the Department has determined that
no formal inquiry is warranted. Further, under 19 CFR 353.29(i)(1), the Department
has determined that the Sun models 271N, 271ND, 259NA, 259NDA, 281N, 284N, and
285N candles are outside the scope of the order on petroleum wax candles from
Enclosed is a memorandum
containing the Department’s analysis. We will notify the U.S. Customs Service
of this decision. If you have any questions, please contact Robert M. James
or Zev Primor, at (202) 482-5222 or (202) 482-5253, respectively.
Wendy J. Frankel
Acting Director, Division I
Office of Antidumping Compliance
Deputy Assistant Secretary
A. Kuga, Director
Office of Antidumping Compliance
Scope Ruling -- Antidumping Duty Order on Petroleum Wax Candles
From the People’s Republic of China (A-570-504); Sun-It, Corporation
On March 29, 1995, Sun It
Corporation (Sun) requested tint the Department of Commerce (the Department)
issue a scope ruling finding tat the Sun model 271N and 271ND Flag Lites, the
model 259NA and 259NDA Porch Torch candles, the model 281N Gigantic Fruit candles,
and the model 284N and 285N Pumpkin candles, imported from the People’s Republic
of China (PRC), are outside the scope of the antidumping duty order on candles
from the PRC (51 FR 30686, August 28, 1986). In accordance with 19 CFR 353.29(b)(1994),
we recommend that the Department determine that no formal scope inquiry is warranted.
Further, pursuant to 19 CFR 353.29(i)(l), we recommend that the Department determine
that the subject Sun candles are outside the scope of the antidumping duty order.
In its March 29, 1995, request
for a scope ruling (Request), Sun maintains that each of the subject candles
are shaped in the form of an identifiable object and, therefore, meet the established
criteria for exclusion from the scope of the order covering candles from the
PRC. At the Departments request, Sun submitted a letter on April 13, 1995 (Clarification),
specifying which individual model numbers are subject to its request.
The regulations governing
the Departments antidumping scope determinations can be found at 19 CFR 353.29.
On matters concerning the scope of an antidumping duty order, our normal bases
for determining whether a product is included within the scope of the order
are the descriptions of the product contained in the order, the determinations
of the Secretary and the International Trade Commission (ITC), the initial investigation
and the petition. This determination may take place with or without a formal
inquiry. See 19 CFR 353.29(b) and (i)(l).
Pursuant to 19 CFR 353.29(b),
the Department has determined that no formal inquiry is warranted to determine
whether the subject Sun candles are covered by the scope of the order. We have
evaluated this request in accordance with 19 CFR 353 .29(i)(1) because the descriptions
of the products contained in the petition, the final determinations of the Secretary
and the ITC, the antidumping duty order, and subsequent scope determinations
are dispositive of the issue. Therefore, we have not referred to the additional
factors found at section 353 .29(i)(2).
Documents, and parts thereof,
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
and are referenced herein. Documents that were not presented to the Department,
or placed by it on the record, do not constitute part of the administrative
record for this scope determination.
The Department defined the
scope of the original order as:
[C]ertain 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
Antidumping Duty Order:
Petroleum Wax Candles from the People’s Republic of China, 51 FR 30686 (August
Also relevant to the present
scope ruling is a notice we issued to the United States Customs Service in connection
with a July 1987 scope determination, which states:
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)... 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
See CIE N-212/85, Supp.
No.6, September 21, 1987; see also Letter from the Director, Office of Compliance,
to Burditt, Bowles & Radzius, Ltd., July 13, 1987 (emphasis added).
Sun describes the Flag Life
candles as being "molded in the shape of partially furled flags of the United
States atop bamboo stakes," and measuring "approximately 6 by 4 inches." Including
the stake, the candles stand 46 inches tall, and are intended for use "during
the summer months when pool and patio use at night are possible." See Request
at 2 and 8. Sun has assigned two model numbers to these candles, 271N or 271ND,
the sole distinction being that 271ND is sold with a cardboard "dump" display
for retailers’ use. See Clarification at 2. The Porch Torch candles are likewise
described as six-inch by four-inch candles mounted on bamboo stakes, with an
overall length of 46 inches. The Porch Torch candles are molded in the shape
of either a rose bloom or a lily. Sun also describes these candles as intended
for outdoor use "around the patio, pool or picnic table" and "along borders
and walks..." See Request at 2, 11 and 12. Two model designations, 259NA and
259NDA, distinguish between candles with and without the cardboard display.
See Clarification at 2.
According to Sun, the Gigantic
Fruit candles are seven inches tall, with a circumference of approximately twenty-one
inches. Each is shaped in the form of a specific fruit (i.e., an apple, orange,
pineapple or strawberry) With the wick "designed to look like the stem of
the fruit." Sun claims these candles are intended for outdoor use. See Request
at 3. Finally, the Pumpkin candles measure seven inches tall and approximately
twenty inches in circumference. These come in four varieties; two are designed
to resemble jack-o’-lanterns (model number 284N) and two resemble pumpkins with
"full facial features modeled in relief’ (model number 285N). Id., and Clarification
at 2. As with the Gigantic Fruit candles, the Pumpkin candles have a "stem"
with a protruding wick, and are intended for outdoor use as "an alternative
to carving or decorating an actual pumpkin." See Request at 12.
We agree with Sun that "candles
shaped in the form of identifiable objects" have previously been excluded from
the scope of the order covering petroleum wax candles from the PRC. See CIE
N-212/85, Supp. No. 6, op. cit. In addition, prior scope decisions have addressed
products similar to the Sun merchandise, i.e.. candles formed as identifiable
objects. See, e.g. Final Scope Ruling, San Francisco Candle Company, June 10,
1993; and Final Scope Ruling, West Coast Liquidators, July 27, 1994 (on file
in room B-099 of the Main Commerce Building). On the basis of this record, we
find that each of the subject Sun candles clearly meets the exclusionary characteristics
set forth by the Department in its past scope clarifications.
Because the product description
provides a sufficient basis for making a determination, and the issue can be
resolved by making reference to the descriptions of the product contained in
the petition, the final determinations of the Secretary and the ITC, and subsequent
scope determinations, we recommend determining that no formal inquiry is warranted.
We recommend the Department
find the Sun models 271N and 271N1) Flag Lites, 259NA and 259NDA Porch Torch,
281N Gigantic Fruit, and 284N and 285N Pumpkin candles outside the scope of
the antidumping duty order on petroleum wax candles, as these candles are formed
in the shape of identifiable objects and are, therefore, excluded from the order.
If you agree, we will send
the attached letter to the interested parties, and will notify the U.S. Customs
Service of our determination.
Joseph A. Spetrini
Deputy Assistant Secretary