MESSAGE NO: 2205201 DATE: 07 21 2002
CATEGORY: ADA TYPE: SCO
REFERENCE: REFERENCE DATE:
CASES: A - 570 - 504 - -
- - - -
- - - -

PERIOD COVERED: 05 04 2001 TO

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS

FROM: DIRECTOR, SPECIAL ENFORCEMENT

RE: SCOPE RULINGS FOR ANTIDUMPING DUTY ORDER ON PETROLEUM
WAX CANDLES FROM THE PEOPLE'S REPUBLIC OF CHINA
(A-570-504)

1. ON APRIL 30, 2001, IN RESPONSE TO A REQUEST BY BARTHCO TRADE
CONSULTANTS (BARTHCO), THE DEPARTMENT OF COMMERCE ISSUED A
FINAL SCOPE RULING THAT BARTHCO'S FLOATING FLOWER CANDLES,
FLOATING STAR CANDLES, AND MINI LOAF CANDLES ARE WITHIN THE
SCOPE OF THE ANTIDUMPING DUTY ORDER COVERING PETROLEUM WAX
CANDLES FROM THE PEOPLE'S REPUBLIC OF CHINA (A-570-504).

2. BECAUSE THE IMPORTED PRODUCTS INCLUDE SHAPES SPECIFICALLY
INCLUDED IN THE SCOPE OF THE ORDER, AND DO NOT FULFILL THE
REQUIREMENTS FOR THE DEPARTMENT'S JULY 1987 NOVELTY CANDLE
EXCEPTION, THE COMMERCE DEPARTMENT FOUND THESE PRODUCTS TO BE
WITHIN THE SCOPE OF THE ORDER.

3. CONTINUE TO SUSPEND LIQUIDATION OF ENTRIES OF PETROLEUM WAX
CANDLES FROM THE PEOPLE'S REPUBLIC OF CHINA, INCLUDING
BARTHCO'S FLOATING FLOWER CANDLES, FLOATING STAR CANDLES, AND
MINI LOAF CANDLES LISTED ABOVE, SUBJECT TO THE ANTIDUMPING DUTY
ORDER COVERING PETROLEUM WAX CANDLES FROM THE PEOPLE'S REPUBLIC
OF CHINA.

4. ON MAY 21, 2001, IN RESPONSE TO A REQUEST BY JCPENNEY
PURCHASING CORPORATION (JCPPC), THE DEPARTMENT OF COMMERCE
ISSUED A FINAL SCOPE RULING THAT 21 OF JCPPC'S CANDLES ARE
WITHIN THE SCOPE OF THE ANTIDUMPING DUTY ORDER COVERING
PETROLEUM WAX CANDLES FROM THE PEOPLE'S REPUBLIC OF CHINA
(A-570-504).

THE 21 CANDLES ARE AS FOLLOWS:

1) DARK GREEN HOLLY PILLAR (STYLE #X0103(P2)),
2) IVORY PILLAR WITH BELLS (STYLE #X0103(P4)),
3) DARK GREEN OVAL ANGEL PILLAR (STYLE #X0103(P1)),
4) GREEN SQUARE CANDLE WITH ANGELS (STYLE #X0103(P1)S),
5) CREAM COLORED SQUARE CANDLE WITH PINECONES AND LEAVES (STYLE
#X0103(P5)S),
6) WHITE SQUARE CANDLE WITH POINSETTIAS (STYLE #152133B),
7) RED WHITE AND BLUE STACKED STAR CANDLES (LOT 1432),
8) RED, WHITE AND BLUE STACKED STAR CANDLES (LOT 1431),
9) TEA-LIGHT CANDLES (INCLUDED WITH "HOLLOW CANDLE") (STYLE
#X0109(R)) (NOTE: SEE CONCURRENT INSTRUCTIONS WHEREIN WE
NOTIFY CUSTOMS THAT THE ACCOMPANYING HOLLOW WAX CANDLE HOLDER
IS NOT CONSIDERED TO BE A PETROLEUM WAX CANDLE SUBJECT TO THIS
ORDER),
10) GLASS BOWL WITH THREE FLOATING SNOWFLAKE CANDLES (STYLE
#X0119),
11) OLIVE-SHAPED CANDLE WITH SNAKE SKIN PATTERN (STYLE
#D4401/2),
12) BLOCK-SHAPED CANDLE WITH SNAKE SKIN PATTERN (STYLE #D4427),
13) ROUND-SHAPED CANDLE WITH CURVY LINES (STYLE #D7109/1),
14) OVAL-SHAPED CANDLE WITH CURVY LINES (STYLE #D5224),
15) OCEAN BLUE PILLAR CANDLE (STYLE #SC01(46)),
16) CREAM COLORED CUBE CANDLE WITH SEASHELLS (STYLE #NG565),
17) ROUND CANDLE WITH STAR CUTOUT (LOT 1414),
18) RED OVAL PINECONES AND LEAVES PILLAR (STYLE #X0103(P5)O),
19) CREAM COLORED SQUARE CANDLE WITH EMBEDDED GOLD FOIL (STYLE
#C-901-2G),
20) COLUMN WITH SNAKE SKIN PATTERN (STYLE #D6259), AND
21) COLUMN WITH CURVY LINES (STYLE #D7109/2).

5. BECAUSE THE IMPORTED PRODUCTS INCLUDE SHAPES SPECIFICALLY
INCLUDED IN THE SCOPE OF THE ORDER, AND DO NOT FULFILL THE
REQUIREMENTS FOR THE DEPARTMENT'S JULY 1987 NOVELTY CANDLE
EXCEPTION, THE COMMERCE DEPARTMENT FOUND THESE PRODUCTS TO BE
WITHIN THE SCOPE OF THE ORDER.

6. CONTINUE TO SUSPEND LIQUIDATION OF ENTRIES OF PETROLEUM WAX
CANDLES FROM THE PEOPLE'S REPUBLIC OF CHINA, INCLUDING THE 21
CANDLES LISTED ABOVE IN PARAGRAPH 4, SUBJECT TO THE ANTIDUMPING
DUTY ORDER COVERING PETROLEUM WAX CANDLES FROM THE PEOPLE'S
REPUBLIC OF CHINA.

7. ON JUNE 11, 2001, IN RESPONSE TO A REQUEST BY AVON PRODUCTS
(AVON), THE DEPARTMENT OF COMMERCE ISSUED A FINAL SCOPE RULING
THAT AVON'S "TEAR SHAPED CANDLE" (PRODUCT PROFILE NO. 202246)
IS WITHIN THE SCOPE OF THE ANTIDUMPING DUTY ORDER COVERING
PETROLEUM WAX CANDLES FROM THE PEOPLE'S REPUBLIC OF CHINA
(A-570-504).

8. BECAUSE THE IMPORTED PRODUCT IS OF A SHAPE SPECIFICALLY
INCLUDED IN THE SCOPE OF THE ORDER, AND DOES NOT FULFILL THE
REQUIREMENTS FOR THE DEPARTMENT'S JULY 1987 NOVELTY CANDLE
EXCEPTION, THE COMMERCE DEPARTMENT FOUND THIS PRODUCT TO BE
WITHIN THE SCOPE OF THE ORDER.

9. CONTINUE TO SUSPEND LIQUIDATION OF ENTRIES OF PETROLEUM WAX
CANDLES FROM THE PEOPLE'S REPUBLIC OF CHINA, INCLUDING AVON'S "
TEAR SHAPED CANDLE" (PRODUCT PROFILE NO. 202246) LISTED ABOVE,
SUBJECT TO THE ANTIDUMPING DUTY ORDER COVERING PETROLEUM WAX
CANDLES FROM THE PEOPLE'S REPUBLIC OF CHINA.

10. ON JULY 11, 2001, IN RESPONSE TO A REQUEST BY AVON, THE
DEPARTMENT OF COMMERCE ISSUED A FINAL SCOPE RULING THAT AVON'S
" FLOATING DISC SHAPED CANDLE" IS WITHIN THE SCOPE OF THE
ANTIDUMPING DUTY ORDER COVERING PETROLEUM WAX CANDLES FROM THE
PEOPLE'S REPUBLIC OF CHINA (A-570-504).

11. BECAUSE THE IMPORTED PRODUCT IS OF A SHAPE SPECIFICALLY
INCLUDED IN THE SCOPE OF THE ORDER, AND DOES NOT FULFILL THE
REQUIREMENTS FOR THE DEPARTMENT'S JULY 1987 NOVELTY CANDLE
EXCEPTION, THE COMMERCE DEPARTMENT FOUND THIS PRODUCT TO BE
WITHIN THE SCOPE OF THE ORDER.

12. CONTINUE TO SUSPEND LIQUIDATION OF ENTRIES OF PETROLEUM
WAX CANDLES FROM THE PEOPLE'S REPUBLIC OF CHINA, INCLUDING
AVON'S " FLOATING DISC SHAPED CANDLE" LISTED ABOVE, SUBJECT TO
THE ANTIDUMPING DUTY ORDER COVERING PETROLEUM WAX CANDLES FROM
THE PEOPLE'S REPUBLIC OF CHINA.

13. ON JULY 30, 2001, IN RESPONSE TO A REQUEST BY AVON, THE
DEPARTMENT OF COMMERCE ISSUED A FINAL SCOPE RULING THAT AVON'S
" FLORAL LAMP CANDLE " IS WITHIN THE SCOPE OF THE ANTIDUMPING
DUTY ORDER COVERING PETROLEUM WAX CANDLES FROM THE PEOPLE'S
REPUBLIC OF CHINA (A-570-504).

14. BECAUSE THE IMPORTED PRODUCT IS OF A SHAPE SPECIFICALLY
INCLUDED IN THE SCOPE OF THE ORDER, AND DOES NOT FULFILL THE
REQUIREMENTS FOR THE DEPARTMENT'S JULY 1987 NOVELTY CANDLE
EXCEPTION, THE COMMERCE DEPARTMENT FOUND THIS PRODUCT TO BE
WITHIN THE SCOPE OF THE ORDER.

15. CONTINUE TO SUSPEND LIQUIDATION OF ENTRIES OF PETROLEUM
WAX CANDLES FROM THE PEOPLE'S REPUBLIC OF CHINA, INCLUDING
AVON'S " FLORAL LAMP CANDLE" LISTED ABOVE, SUBJECT TO THE
ANTIDUMPING DUTY ORDER COVERING PETROLEUM WAX CANDLES FROM THE
PEOPLE'S REPUBLIC OF CHINA.

16. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY
CUSTOMS OFFICERS, PLEASE CONTACT VIA E-MAIL, THROUGH THE

APPROPRIATE SUPERVISORY CHANNELS, OTHER GOVERNMENT AGENCY
LIAISON, USING THE ATTRIBUTE "HQ OAB." IMPORTING PUBLIC AND
INTERESTED PARTIES SHOULD CONTACT SALLY GANNON AT 202-482-0162,
AD/CVD ENFORCEMENT, IMPORT ADMINISTRATION, INTERNATIONAL TRADE
ADMINISTRATION, DEPARTMENT OF COMMERCE.

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


KATHY SAUCEDA


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