China Petroleum Wax Candles: Most Novelty Candles in Scope
The International Trade Administration has issued its final results of interpretation for the scope of the antidumping duty order on petroleum wax candles from China (A-570-504), in which it determines that all novelty candles are within the scope of the order, with the exception of three candle types (birthday, utility, and figurine).
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Change from Prelim Results, Which More Closely Adhered to Order
In August 2010, the ITA issued its preliminary results, in which it had determined that any candle shapes not specifically listed in the candle’s scope (i.e., tapers, spirals, and straight-sided dinner candles; rounds, columns, pillars, votives, and various wax-filled containers) would be excluded. In addition, birthday and utility candles would be excluded from the scope of the order even if in one of those shapes. (See ITT's Online Archives or 08/13/10 news, 10081321, for BP summary.)
ITA Now Adopts Broader Interpretation
Now the ITA finds in its final results that the order is not limited to only the enumerated shapes and types listed in the scope of the order -- these listings are illustrative only.
The ITA states that all petroleum wax candles (regardless of holiday or special-occasion theme), are within the scope of the order, with the exception of three candle types, that are excluded: (1) birthday, (2) utility, and (3) figurine (i.e., human, animal, or deity shaped) candles.
Interpretation Applies to Pending Scope Decisions on 618 Candles, Future Scope Proceedings
The ITA is applying the final interpretation to the 618 unique candles1 contained in the five pending scope determinations under the order. Further, this interpretation will be applied to all future scope proceedings involving the order.
1The ITA preliminarily applied its preliminary results interpretation to 269 unique candles contained in the five pending scope determinations under the order, and subsequently discovered that it had not made preliminary determinations on all of the unique candles in the five pending scope determinations. As such, in October 2010, the ITA issued preliminary determinations for the 349 unique candles that it had inadvertently neglected to include with the preliminary results. Therefore, in total there are currently 618 in the five pending scope determinations under the order.
(See ITT's Online Archives or 09/28/10 news, 10092823, for BP summary of comments from the National Candle Association opposing the ITA's preliminary scope interpretation.
See ITT's Online Archives or 02/03/11 news, 11020329, for BP summary of a letter from certain Senators stating that the ITA’s preliminary determination to narrow the scope of China AD candle order would harm the domestic industry.)
ITA contact - Tim Lord (202) 482-7425
(FR Pub 08/02/11, ITA Case No. A-570-504)