MESSAGE NO: 2343202 DATE: 12 09 2002
CATEGORY: ADA TYPE: SCO
REFERENCE: REFERENCE DATE:
CASES: A - 570 - 504 - -
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PERIOD COVERED: 11 01 2002 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 NOVEMBER 1, 2002, IN RESPONSE TO A REQUEST BY ATICO
INTERNATIONAL, INC. (ATICO), THE DEPARTMENT OF COMMERCE ISSUED A
FINAL SCOPE RULING THAT ATICO'S SNOWBALL CANDLE (ITEM NO. H74Q-
8215), CHRISTMAS CAKE CANDLE (ITEM NO. H74Q-8470), GLOWING
CANDLES (ITEM NO. H74Q-8312), EMBOSSED CANDLES, CONTAINING THE
WORDS "JOY"AND "PEACE" (ITEM NO. H74Q-9465), AND "BEESWAX"
CANDLES (ITEM NO. H74Q-8230) 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. ADDITIONALLY, REGARDING THE "
BEESWAX" CANDLES, THE DEPARTMENT DID NOT FIND SUFFICIENT EVIDENCE
ON THE RECORD TO ESTABLISH THAT THESE CANDLES SHOULD BE EXCLUDED
BECAUSE OF THEIR ALLEGED BEESWAX CONTENT.

3. BECAUSE THE DEPARTMENT OF COMMERCE HAS FOUND THESE CANDLES TO
BE WITHIN THE SCOPE OF THE ORDER, CONTINUE TO SUSPEND LIQUIDATION
OF, AND COLLECT CASH DEPOSITS ON, ENTRIES OF PETROLEUM WAX
CANDLES FROM THE PEOPLE'S REPUBLIC OF CHINA, INCLUDING ATICO'S
SNOWBALL CANDLE (ITEM NO. H74Q-8215), CHRISTMAS CAKE CANDLE (ITEM
NO. H74Q-8470), GLOWING CANDLES (ITEM NO. H74Q-8312), EMBOSSED
CANDLES, CONTAINING THE WORDS "JOY"AND "PEACE" (ITEM NO. H74Q-
9465), AND "BEESWAX" CANDLES (ITEM NO. H74Q-8230) LISTED ABOVE,
SUBJECT TO THE ANTIDUMPING DUTY ORDER COVERING PETROLEUM WAX
CANDLES FROM THE PEOPLE'S REPUBLIC OF CHINA.

4. FOR ALL SHIPMENTS OF PETROLEUM WAX CANDLES FROM THE PEOPLE'S
REPUBLIC OF CHINA, INCLUDING THE ABOVE-NOTED CANDLES IMPORTED BY
ATICO,YOU SHALL, UNLESS OTHERWISE INSTRUCTED, CONTINUE TO ASSESS
ANTIDUMPING DUTIES OF THE SUBJECT MERCHANDISE AS INSTRUCTED BY
THE DEPARTMENT OF COMMERCE.

5. 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 JULIO A. FERNANDEZ AT 202-482-0961, AD/CVD
ENFORCEMENT, IMPORT ADMINISTRATION, INTERNATIONAL TRADE
ADMINISTRATION, DEPARTMENT OF COMMERCE.

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

CATHY SAUCEDA