MESSAGE NO: 9103111 DATE: 04 13 1999
CATEGORY: ADA TYPE: SCO
REFERENCE: REFERENCE DATE:
CASES: A - 570 - 504 - -
- - - -
- - - -

PERIOD COVERED: 07 02 1998 TO

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS

FROM: DIRECTOR, IMPORT OPERATIONS

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

1. ON 07/02/1998, IN RESPONSE TO A REQUEST BY ET AL IMPORTS,
INC. (ET AL), THE DEPARTMENT OF COMMERCE ISSUED A FINAL
SCOPE RULING THAT ET AL'S PARAFFIN WAX BAMBOO CANDLES 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. BECAUSE THE IMPORTED PRODUCT IS A CANDLE SHAPED IN THE FORM
OF AN IDENTIFIABLE OBJECT, A BAMBOO STICK, AND CONSEQUENTLY
IS NOT A SHAPE SPECIFICALLY LISTED IN THE SCOPE OF THE ORDER
AND THEREFORE QUALIFIES AS A NOVELTY CANDLE, THE COMMERCE
DEPARTMENT FOUND ET AL'S PARAFFIN WAX BAMBOO CANDLES NOT
WITHIN THE SCOPE OF THE ORDER ON PETROLEUM WAX CANDLES FROM
THE PEOPLE'S REPUBLIC OF CHINA.

3. EFFECTIVE 07/02/1998, TERMINATE SUSPENSION AND LIQUIDATE ALL
UNLIQUIDATED ENTRIES, REGARDLESS OF ENTRY DATE, OF ET AL'S
PARAFFIN WAX BAMBOO CANDLES LISTED ABOVE.

4. REFUND ANY CASH DEPOSITS WITH INTEREST AND RELEASE ANY BONDS
RELATING TO THE PARAFFIN WAX BAMBOO-SHAPED CANDLES LISTED
ABOVE.


5. THE ASSESSMENT OF ANTIDUMPING DUTIES BY THE CUSTOMS SERVICE
ON ENTRIES OF THIS MERCHANDISE IS SUBJECT TO THE PROVISIONS
OF SECTION 778 OF THE TARIFF ACT OF 1930. SECTION 778
REQUIRES THAT CUSTOMS 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 ENTRIES OF PETROLEUM WAX
CANDLES SUBJECT TO THE ANTIDUMPING DUTY ORDER COVERING
PETROLEUM WAX CANDLES FROM THE PEOPLE'S REPUBLIC OF CHINA.

7. 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 JOHN TOTARO AT 202-482-1374, AD/CVD
ENFORCEMENT, IMPORT ADMINISTRATION, INTERNATIONAL TRADE
ADMINISTRATION, DEPARTMENT OF COMMERCE.

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


PAUL SCHWARTZ