81_FR_33568 81 FR 33466 - Certain Petroleum Wax Candles From the People's Republic of China: Continuation of Antidumping Duty Order

81 FR 33466 - Certain Petroleum Wax Candles From the People's Republic of China: Continuation of Antidumping Duty Order

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 81, Issue 102 (May 26, 2016)

Page Range33466-33467
FR Document2016-12542

As a result of the determinations by the Department of Commerce (``Department'') and the International Trade Commission (``ITC'') that revocation of the antidumping duty (``AD'') order on certain petroleum wax candles (``candles'') from the People's Republic of China (``PRC'') would likely lead to a continuation or recurrence of dumping and material injury to an industry in the United States, the Department is publishing a notice of continuation of the antidumping duty order.

Federal Register, Volume 81 Issue 102 (Thursday, May 26, 2016)
[Federal Register Volume 81, Number 102 (Thursday, May 26, 2016)]
[Notices]
[Pages 33466-33467]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-12542]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-504]


Certain Petroleum Wax Candles From the People's Republic of 
China: Continuation of Antidumping Duty Order

AGENCY: Enforcement and Compliance, International Trade Administration, 
Commerce.

SUMMARY: As a result of the determinations by the Department of 
Commerce (``Department'') and the International Trade Commission 
(``ITC'') that revocation of the antidumping duty (``AD'') order on 
certain petroleum wax candles (``candles'') from the People's Republic 
of China (``PRC'') would likely lead to a continuation or recurrence of 
dumping and material injury to an industry in the United States, the

[[Page 33467]]

Department is publishing a notice of continuation of the antidumping 
duty order.

DATES: Effective May 26, 2016.

FOR FURTHER INFORMATION CONTACT: Katie Marksberry, AD/CVD Operations, 
Office V, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
7906.

SUPPLEMENTARY INFORMATION: 

Background

    On August 26, 1986, the Department published the AD Order on 
candles from the PRC.\1\ On December 1, 2015, the Department published 
the notice of initiation of the fourth five-year (``sunset'') review of 
the AD order on candles from the PRC pursuant to section 751(c) of the 
Tariff Act of 1930, as amended (the ``Act'').\2\ As a result of its 
review, the Department determined that revocation of the AD order on 
candles from the PRC would likely lead to a continuation or recurrence 
of dumping. Therefore, the Department notified the ITC of the magnitude 
of the margins likely to prevail should the AD order be revoked.\3\ On 
May 18, 2016, the ITC published its determination, pursuant to section 
751(c) of the Act, that revocation of the AD order on candles from the 
PRC would likely lead to a continuation or recurrence of material 
injury to an industry in the United States within a reasonably 
foreseeable time.\4\
---------------------------------------------------------------------------

    \1\ See Antidumping Duty Order: Petroleum Wax Candles From the 
People's Republic of China, 51 FR 30686 (August 28, 1986) 
(``Order'').
    \2\ See Initiation of Five-Year (``Sunset'') Review, 80 FR 75064 
(December 1, 2015).
    \3\ See Certain Petroleum Wax Candles from the People's Republic 
of China: Final Results of Expedited Fourth Sunset Review of the 
Antidumping Duty Order, 81 FR 17665 (March 30, 2016) and 
accompanying Issues and Decision Memorandum.
    \4\ See Petroleum Wax Candles from China, 81 FR 31256 (May 18, 
2016); Petroleum Wax Candles from China (Inv. No. 731-TA-282 (Fourth 
Review), USITC Publication 4610, May 2016).
---------------------------------------------------------------------------

Scope of the Order

    The products covered by the order are certain scented or unscented 
petroleum wax candles made from petroleum wax and having fiber or 
paper-cored wicks. They are sold in the following shapes: Tapers, 
spirals and straight-sided dinner candles; rounds, columns, pillars, 
votives; and various wax-filled containers. The products were 
originally classifiable under the Tariff Schedules of the United States 
item 755.25, Candles and Tapers. The products are currently 
classifiable under the Harmonized Tariff Schedule (``HTS'') item number 
3406.00.00. The HTS item number is provided for convenience and customs 
purposes. The written description remains dispositive.

Continuation of the Order

    As a result of the determinations by the Department and the ITC 
that revocation of the AD order would likely lead to a continuation or 
recurrence of dumping and material injury to an industry in the United 
States, pursuant to section 751(d)(2) of the Act, the Department hereby 
orders the continuation of the AD order on candles from the PRC. U.S. 
Customs and Border Protection will continue to collect AD cash deposits 
at the rates in effect at the time of entry for all imports of subject 
merchandise.
    The effective date of the continuation of the AD order will be the 
date of publication in the Federal Register of this notice of 
continuation. Pursuant to section 751(c)(2) of the Act, the Department 
intends to initiate the next sunset review of the AD order not later 
than 30 days prior to the fifth anniversary of the effective date of 
continuation. This sunset review and notice is in accordance with 
section 751(c) of the Act and published pursuant to section 777(i)(1) 
of the Act and 19 CFR 351.218(f)(4).

    Dated: May 19, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2016-12542 Filed 5-25-16; 8:45 am]
 BILLING CODE 3510-DS-P



                                                33466                                    Federal Register / Vol. 81, No. 102 / Thursday, May 26, 2016 / Notices

                                                light of the totality of the available data,                                 As a result, there are calculation                                      decision that is not ‘‘in harmony’’ with
                                                i.e., including the non-fish factors of                                   changes due to selecting different by-                                     a Department determination and must
                                                production (‘‘FOPs’’) surrogate values                                    product surrogate values. After                                            suspend liquidation of entries pending
                                                (‘‘SVs’’) following reconsideration of the                                accounting for all such changes and                                        a ‘‘conclusive’’ court decision. The
                                                whole live fish issues; and (5) the                                       issues, the resulting antidumping                                          Court’s March 30, 2016, judgment
                                                selection of the SVs for fish waste, fish                                 margin for the only mandatory                                              sustaining the AR7 Remand constitutes
                                                oil, fresh broken meat and frozen broken                                  respondent, QVD, is $0.19 per kilogram.                                    a final decision of the Court that is not
                                                fillets.7                                                                 Because QVD’s margin changed, it                                           in harmony with the Department’s AR7
                                                                                                                          would also become the margin for those                                     Final Results. This notice is published
                                                   On June 26, 2015, the Department                                       companies not individually examined,                                       in fulfillment of the publication
                                                filed the AR7 Remand with the Court.8                                     but receiving a separate rate. On March                                    requirement of Timken.
                                                The Department maintained the                                             30, 2016, the Court entered judgments
                                                selection of Bangladesh as the primary                                                                                                               Amended Final Results
                                                                                                                          sustaining the AR7 Remand.9
                                                country. In addition, the Department                                                                                                                   Because there is now a final court
                                                selected different surrogate values for                                   Timken Notice                                                              decision, the Department is amending
                                                fish waste, fresh broken meat, and                                          In its decision in Timken, 893 F.2d at                                   the AR7 Final Results with respect to
                                                frozen broken fillets by-products, and                                    341, as clarified by Diamond Sawblades,                                    QVD and the Separate-Rate Applicants.
                                                capped the fish oil by-product surrogate                                  the CAFC held that, pursuant to section                                    The revised weighted-average dumping
                                                value. In addition, we accounted for all                                  516A(e) of the Tariff Act of 1930, as                                      margins for these exporters during the
                                                calculation changes as a result of the                                    amended (‘‘the Act’’), the Department                                      period April 1, 2009, through March 31,
                                                original ministerial error allegations.                                   must publish a notice of a court                                           2010, as follows:

                                                                                                                                                                                                                                               Weighted average
                                                                                                                                                                                                                                                dumping margin
                                                                                                                                  Exporter name                                                                                                   (dollars per
                                                                                                                                                                                                                                                   kilogram)

                                                QVD Food Company Ltd 10 ...........................................................................................................................................................                        0.19
                                                Anvifish Joint Stock Company .......................................................................................................................................................                       0.19
                                                Asia Commerce Fisheries Joint Stock Company ..........................................................................................................................                                     0.19
                                                Bien Dong Seafood .......................................................................................................................................................................                  0.19
                                                Binh An Seafood Joint Stock Company ........................................................................................................................................                               0.19
                                                CASEAMEX ...................................................................................................................................................................................               0.19
                                                East Sea Seafoods Limited Liability Company .............................................................................................................................                                  0.19
                                                Hiep Thanh Seafood Joint Stock Company ..................................................................................................................................                                  0.19
                                                Southern Fisheries Industries Company Ltd .................................................................................................................................                                0.19
                                                Vinh Quang Fisheries Joint-Stock Company ................................................................................................................................                                  0.19



                                                  Accordingly, the Department will                                        U.S. Customs and Border Protection to                                      DEPARTMENT OF COMMERCE
                                                continue the suspension of liquidation                                    require a cash deposit for estimated AD
                                                of the subject merchandise pending the                                    duties at the rate noted above for each                                    International Trade Administration
                                                expiration of the period of appeal or, if                                 specified exporter and producer                                            [A–570–504]
                                                appealed, pending a final and                                             combination, for entries of subject
                                                conclusive court decision. In the event                                   merchandise, entered or withdrawn                                          Certain Petroleum Wax Candles From
                                                the Court’s ruling is not appealed or, if                                 from warehouse, for consumption, on or                                     the People’s Republic of China:
                                                appealed, upheld by the CAFC, the                                         after April 11, 2016. For Bien Dong,                                       Continuation of Antidumping Duty
                                                Department will instruct U.S. Customs                                     these amended final results will result                                    Order
                                                and Border Protection to assess                                           in a change in its cash deposit rate, from
                                                antidumping duties on unliquidated                                        $0.03/kg, as established in the AR7                                        AGENCY:   Enforcement and Compliance,
                                                entries of subject merchandise exported                                   Final Results, to $0.19/kg.                                                International Trade Administration,
                                                by QVD and the Separate-Rate                                                                                                                         Commerce.
                                                                                                                          Notification to Interested Parties                                         SUMMARY: As a result of the
                                                Applicants using the assessment rate
                                                calculated by the Department in the                                         This notice is issued and published in                                   determinations by the Department of
                                                Remand and listed above.                                                  accordance with sections 516A(e),                                          Commerce (‘‘Department’’) and the
                                                                                                                          751(a)(1), and 777(i)(1) of the Act.                                       International Trade Commission (‘‘ITC’’)
                                                Cash Deposit Requirements                                                                                                                            that revocation of the antidumping duty
                                                  Unless the applicable cash deposit                                        Dated: May 13, 2016.                                                     (‘‘AD’’) order on certain petroleum wax
                                                rates have been superseded by cash                                        Paul Piquado,                                                              candles (‘‘candles’’) from the People’s
                                                deposit rates calculated in an                                            Assistant Secretary for Enforcement and                                    Republic of China (‘‘PRC’’) would likely
                                                intervening administrative review of the                                  Compliance.                                                                lead to a continuation or recurrence of
                                                AD order on frozen fish fillets from                                      [FR Doc. 2016–12543 Filed 5–25–16; 8:45 am]                                dumping and material injury to an
                                                Vietnam, the Department will instruct                                                                                                                industry in the United States, the
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                                                                                                                          BILLING CODE 3510–DS–P

                                                  7 See Catfish Farmers of America et al. v. United                         10 This rate is also applicable to QVD Dong Thap                         question, we continue to find these companies to
                                                States, Court No. 12–00087, Slip Op. 14–146 (CIT                          Food Co., Ltd. (‘‘Dong Thap’’) and Thuan Hung Co.,                         be part of a single entity. Therefore, we will assign
                                                December 18, 2014).                                                       Ltd. (‘‘THUFICO’’). In the second review of this                           this rate to the companies in the single entity. See
                                                  8 See AR7 Remand.                                                       order, the Department found QVD, Dong Thap and                             Certain Frozen Fish Fillets from the Socialist
                                                  9 See Catfish Farmers of America et al. v. United                       THUFICO to be a single entity, and because there                           Republic of Vietnam: Preliminary Results of
                                                States, Court No. 11–00087, Slip. Op. 16–29 (CIT                          has been no evidence submitted on the record of                            Antidumping Duty Administrative Review, 71 FR
                                                March 30, 2016).                                                          this review that calls this determination into                             53387 (September 11, 2006).



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                                                                                Federal Register / Vol. 81, No. 102 / Thursday, May 26, 2016 / Notices                                         33467

                                                Department is publishing a notice of                      Harmonized Tariff Schedule (‘‘HTS’’)                 Web page listed below for the most up-
                                                continuation of the antidumping duty                      item number 3406.00.00. The HTS item                 to-date meeting agenda.
                                                order.                                                    number is provided for convenience and               FOR FURTHER INFORMATION CONTACT:
                                                DATES: Effective May 26, 2016.                            customs purposes. The written                        Jessica Snowden, Designated Federal
                                                FOR FURTHER INFORMATION CONTACT:
                                                                                                          description remains dispositive.                     Official, U.S. IOOS Advisory
                                                Katie Marksberry, AD/CVD Operations,                      Continuation of the Order                            Committee, U.S. IOOS Program, 1315
                                                Office V, Enforcement and Compliance,                                                                          East-West Highway, 2nd Floor, Silver
                                                International Trade Administration,                          As a result of the determinations by              Spring, MD 20910, Silver Spring, MD
                                                U.S. Department of Commerce, 14th                         the Department and the ITC that                      20910; Phone 240–533–9466; Fax 301–
                                                Street and Constitution Avenue NW.,                       revocation of the AD order would likely              713–3281; Email jessica.snowden@
                                                Washington, DC 20230; telephone: (202)                    lead to a continuation or recurrence of              noaa.gov or visit the U.S. IOOS
                                                482–7906.                                                 dumping and material injury to an                    Advisory Committee Web site at https://
                                                                                                          industry in the United States, pursuant              ioos.noaa.gov/community/u-s-ioos-
                                                SUPPLEMENTARY INFORMATION:
                                                                                                          to section 751(d)(2) of the Act, the                 advisory-committee/.
                                                Background                                                Department hereby orders the                         SUPPLEMENTARY INFORMATION: The
                                                   On August 26, 1986, the Department                     continuation of the AD order on candles              Committee meeting will be held via
                                                published the AD Order on candles                         from the PRC. U.S. Customs and Border                webinar and teleconference. Members of
                                                from the PRC.1 On December 1, 2015,                       Protection will continue to collect AD               the public who wish to participate in
                                                the Department published the notice of                    cash deposits at the rates in effect at the          the meeting must register in advance by
                                                initiation of the fourth five-year                        time of entry for all imports of subject             5:00 p.m. ET on June 22, 2016. Please
                                                (‘‘sunset’’) review of the AD order on                    merchandise.                                         register by contacting Jessica Snowden,
                                                candles from the PRC pursuant to                             The effective date of the continuation            Designated Federal Official by email at
                                                section 751(c) of the Tariff Act of 1930,                 of the AD order will be the date of                  jessica.snowden@noaa.gov or telephone
                                                as amended (the ‘‘Act’’).2 As a result of                 publication in the Federal Register of               at 240–533–9466. Webinar and
                                                its review, the Department determined                     this notice of continuation. Pursuant to             teleconference information will be
                                                that revocation of the AD order on                        section 751(c)(2) of the Act, the                    provided to registrants prior to the
                                                candles from the PRC would likely lead                    Department intends to initiate the next              meeting. While the meeting will be open
                                                to a continuation or recurrence of                        sunset review of the AD order not later              to the public, webinar and
                                                dumping. Therefore, the Department                        than 30 days prior to the fifth                      teleconference capacity may be limited.
                                                notified the ITC of the magnitude of the                  anniversary of the effective date of                    The Committee was established by the
                                                margins likely to prevail should the AD                   continuation. This sunset review and                 NOAA Administrator as directed by
                                                order be revoked.3 On May 18, 2016, the                   notice is in accordance with section                 Section 12304 of the Integrated Coastal
                                                ITC published its determination,                          751(c) of the Act and published                      and Ocean Observation System Act, part
                                                pursuant to section 751(c) of the Act,                    pursuant to section 777(i)(1) of the Act             of the Omnibus Public Land
                                                that revocation of the AD order on                        and 19 CFR 351.218(f)(4).                            Management Act of 2009 (Public Law
                                                candles from the PRC would likely lead                      Dated: May 19, 2016.                               111–11). The Committee advises the
                                                to a continuation or recurrence of                        Paul Piquado,                                        NOAA Administrator and the
                                                material injury to an industry in the                                                                          Interagency Ocean Observation
                                                                                                          Assistant Secretary for Enforcement and
                                                United States within a reasonably                         Compliance.                                          Committee (IOOC) on matters related to
                                                foreseeable time.4                                                                                             the responsibilities and authorities set
                                                                                                          [FR Doc. 2016–12542 Filed 5–25–16; 8:45 am]
                                                Scope of the Order                                        BILLING CODE 3510–DS–P
                                                                                                                                                               forth in section 12302 of the Integrated
                                                                                                                                                               Coastal and Ocean Observation System
                                                  The products covered by the order are
                                                                                                                                                               Act of 2009 and other appropriate
                                                certain scented or unscented petroleum
                                                                                                          DEPARTMENT OF COMMERCE                               matters as the Under Secretary refers to
                                                wax candles made from petroleum wax
                                                                                                                                                               the Committee for review and advice.
                                                and having fiber or paper-cored wicks.
                                                                                                          National Oceanic and Atmospheric                        The Committee will provide advice
                                                They are sold in the following shapes:
                                                                                                          Administration                                       on:
                                                Tapers, spirals and straight-sided dinner
                                                                                                                                                                  (a) administration, operation,
                                                candles; rounds, columns, pillars,                        U.S. Integrated Ocean Observing                      management, and maintenance of the
                                                votives; and various wax-filled                           System (IOOS®) Advisory Committee                    System;
                                                containers. The products were originally                  Meeting                                                 (b) expansion and periodic
                                                classifiable under the Tariff Schedules
                                                                                                                                                               modernization and upgrade of
                                                of the United States item 755.25,                         AGENCY: National Ocean Service,
                                                                                                                                                               technology components of the System;
                                                Candles and Tapers. The products are                      National Oceanic and Atmospheric                        (c) identification of end-user
                                                currently classifiable under the                          Administration (NOAA), Department of                 communities, their needs for
                                                                                                          Commerce.                                            information provided by the System,
                                                  1 See Antidumping Duty Order: Petroleum Wax
                                                                                                          ACTION: Notice of Open Meeting (via                  and the System’s effectiveness in
                                                Candles From the People’s Republic of China, 51 FR
                                                30686 (August 28, 1986) (‘‘Order’’).                      webinar and teleconference).                         dissemination information to end-user
                                                  2 See Initiation of Five-Year (‘‘Sunset’’) Review, 80
                                                                                                                                                               communities and to the general public;
                                                FR 75064 (December 1, 2015).                              SUMMARY:   Notice is hereby given of a               and
                                                  3 See Certain Petroleum Wax Candles from the            virtual meeting of the U.S. Integrated                  (d) any other purpose identified by
sradovich on DSK3TPTVN1PROD with NOTICES




                                                People’s Republic of China: Final Results of              Ocean Observing System (IOOS®)                       the Under Secretary of Commerce for
                                                Expedited Fourth Sunset Review of the
                                                Antidumping Duty Order, 81 FR 17665 (March 30,
                                                                                                          Advisory Committee (Committee).                      Oceans and Atmosphere or the
                                                2016) and accompanying Issues and Decision                DATES AND TIMES: The public meeting                  Interagency Ocean Observation
                                                Memorandum.                                               will be held on Thursday, June 23, 2016,             Committee.
                                                  4 See Petroleum Wax Candles from China, 81 FR

                                                31256 (May 18, 2016); Petroleum Wax Candles from
                                                                                                          from 1:00 p.m. to 3:00 p.m. ET. These                   The meeting will be open to public
                                                China (Inv. No. 731–TA–282 (Fourth Review),               times and the agenda topics described                participation with a 10 minute public
                                                USITC Publication 4610, May 2016).                        below are subject to change. Refer to the            comment period on June 23, 2016, from


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Document Created: 2016-05-26 01:13:27
Document Modified: 2016-05-26 01:13:27
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
DatesEffective May 26, 2016.
ContactKatie Marksberry, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482- 7906.
FR Citation81 FR 33466 

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