Originator of AD China Candle Case & Importers File Rebuttals on ITA Scope Interpretation
The International Trade Administration has posted rebuttal comments received by the National Candle Association (NCA) and two candle importers, HSE USA Inc.; and Trade Associates Group (TAG), Ltd., in response to comments on the ITA's preliminary new interpretation for determining whether novelty candles are in the scope of the antidumping duty order on petroleum wax candles from China.
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Note that in the first round of comments, NCA, the original petitioner in the case, opposed ITA’s preliminary new scope interpretation. (See ITT's Online Archives or 09/28/10 news, 10092823, for BP summary.)
(In ITA’s August 2010 preliminary new interpretation, the agency said it would consider all candle shapes identified in the scope of the order (i.e., tapers, spirals, and straight-sided dinner candles; rounds, columns pillars, votives, and various wax-filled containers) to be within the scope of the order, regardless of etchings, prints, texture, moldings or other artistic or decorative enhancements including any holiday-related art.
ITA also said it would exclude certain “utility” and birthday candles from this new interpretation, even if they are one of the shapes listed within the scope of the Order. See ITT’s Online Archives or 08/13/10 news, 10081321, for BP summary.)
NCA Argues ITA Should Include All Candles in Scope, with 3 Exceptions
NCA states that as the original petitioner, it always intended the scope of the order to be inclusive (not exclusive to certain listed shapes) and that the shapes listed in the Order were meant to only be illustrative. Therefore, NCA urges the ITA to change its proposed interpretation to include all candles within the scope, except for utility candles, birthday candles, and figurine candles.
(Alternatively, NCA suggests ITA adopt certain ASTM candle definitions to help define the scope. Lastly, if ITA insists on using candle shapes as a basis for interpreting the scope of the Order, it should adopt the NCA's revised definitions set forth in its September 20, 2010 comments.)
NCA Agrees with ITA Decision to Include Candles with Holiday Characteristics
However, NCA does agree with ITA’s preliminary finding that there is no basis in the record for excluding candles based upon holiday characteristics and urges ITA to continue this finding in the final interpretation.
Importers Approve ITA’s Preliminary Interpretation, Say it Removes Ambiguity
The importer rebuttal comments are largely supportive of ITA’s preliminary new scope interpretation. For example, TAG states that the preliminary interpretation removes the confusion, unpredictability, and complexity of current scope determinations by proposing easy and measurable tests for determining whether a specific candle shape falls within the scope of the Order.