MESSAGE NO: 3142203 DATE: 05 22 2003
CATEGORY: ADA TYPE: LIQ
REFERENCE: REFERENCE DATE:
CASES: A - 570 - 504 - -
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PERIOD COVERED: 05 14 2003 TO

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS

FROM: DIRECTOR, SPECIAL ENFORCEMENT

RE: SCOPE RULING ON CANDLES FROM CHINA (A-570-504)



1. ON MAY 14, 2003, IN RESPONSE TO A REQUEST BY FLEMING
INTERNATIONAL, LTD. (FLEMING), THE DEPARTMENT OF COMMERCE ISSUED
A FINAL SCOPE RULING THAT FLEMING'S VEGETABLE WAX CANDLES
(PRODUCT B3922, PRODUCT B3966 AND PRODUCT B3988) ARE NOT WITHIN
THE SCOPE OF THE ANTIDUMPING DUTY ORDER COVERING PETROLEUM WAX
CANDLES FROM THE PEOPLE'S REPUBLIC OF CHINA (A-570-504).

2. THE COMMERCE DEPARTMENT FOUND SUFFICIENT EVIDENCE ON THE
RECORD TO ESTABLISH THAT FLEMING'S VEGETABLE WAX CANDLES PRODUCT
B3922, PRODUCT B3966 AND PRODUCT B3988) SHOULD BE EXCLUDED
BECAUSE OF THEIR VEGETABLE WAX CONTENT. THESE CANDLES,
THEREFORE, ARE NOT WITHIN THE SCOPE OF THE ANTIDUMPING DUTY ORDER
COVERING PETROLEUM WAX CANDLES FROM THE PEOPLE'S REPUBLIC OF
CHINA.

3. EFFECTIVE MAY 14, 2003, TERMINATE SUSPENSION OF LIQUIDATION
AND LIQUIDATE ALL UNLIQUIDATED ENTRIES, REGARDLESS OF ENTRY DATE,
FOR ALL CANDLES AS LISTED IN PARAGRAPH 1.

4. REFUND ANY CASH DEPOSITS WITH INTEREST AND RELEASE ANY BONDS
RELATING TO CANDLES LISTED IN PARAGRAPH 1.

5. THE ASSESSMENT OF ANTIDUMPING DUTIES BY THE U.S. BUREAU OF
CUSTOMS AND BORDER PROTECTION (BCBP) ON ENTRIES OF THIS
MERCHANDISE IS SUBJECT TO THE PROVISIONS OF SECTION 778 OF THE
TARIFF ACT OF 1930. SECTION 778 REQUIRES THAT BCBP PAY INTEREST
ON OVERPAYMENTS, OR ASSESS INTEREST ON UNDER PAYMENTS, OF THE
REQUIRED AMOUNTS DEPOSITED AS ESTIMATED ANTIDUMPING DUTIES. THE
INTEREST PROVISIONS ARE NOT APPLICABLE TO CASH OR BONDS POSTED AS
ESTIMATED ANTIDUMPING DUTIES BEFORE THE DATE OF PUBLICATION OF
THE ANTIDUMPING DUTY ORDER. INTEREST SHALL BE CALCULATED FROM
THE DATE PAYMENT OF ESTIMATED ANTIDUMPING DUTIES IS REQUIRED
THROUGH THE DATE OF LIQUIDATION. THE RATE AT WHICH SUCH INTEREST
IS PAYABLE IS THE RATE IN EFFECT UNDER SECTION 6621 OF THE
INTERNAL REVENUE CODE OF 1954 FOR SUCH PERIOD.

6. CONTINUE TO SUSPEND LIQUIDATION OF ALL OTHER ENTRIES OF
PETROLEUM WAX CANDLES SUBJECT TO THE ANTIDUMPING DUTY ORDER
COVERING PETROLEUM WAX CANDLES FROM THE PEOPLE'S REPUBLIC OF
CHINA.

7. WITH RESPECT TO FLEMING'S VEGETABLE WAX CANDLES LISTED ABOVE
IN PARAGRAPH 1, THE COMMERCE DEPARTMENT NOTES THAT THE TEST
RESULTS SUBMITTED BY FLEMING FROM AN INDEPENDENT TESTING FACILITY
INDICATE THAT THE MAJORITY WAX COMPONENT FOR THESE CANDLES IS NOT
PETROLEUM WAX. HOWEVER, THE COMMERCE DEPARTMENT NOTES THAT THE
AFOREMENTIONED TEST RESULTS MAY NOT BE DISPOSITIVE OF THE EXACT
COMPOSITION OF CANDLES OF THIS ITEM NUMBER WHEN SUCH CANDLES ARE
PRESENTED AT A FUTURE TIME FOR ENTRY AT ONE OF THE SEVERAL BCBP
PORTS OF ENTRY. THEREFORE, THE COMMERCE DEPARTMENT ENCOURAGES
BCBP TO CONTINUE FOLLOWING BCBP TESTING PROCEDURES PREVIOUSLY IN
PLACE FOR IMPORTS OF PETROLEUM WAX CANDLES FROM THE PEOPLE'S
REPUBLIC OF CHINA.

8. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER, CBP
OFFICERS, THE IMPORTING PUBLIC AND INTERESTED PARTIES PLEASE
CONTACT JULIO FERNANDEZ AT "JULIO__FERNANDEZ AT ITA.DOC.GOV" OR
AT 202-482-0961, AD/CVD ENFORCEMENT, IMPORT ADMINISTRATION,
INTERNATIONAL TRADE ADMINISTRATION, DEPARTMENT OF COMMERCE.

9. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.

CATHY SAUCEDA