14518 Federal Register / Vol. 72, No. 59 / Wednesday, March 28, 2007 / Notices 

7The initiation of the administrative review for the above referenced case will be published in a separate initiation notice. 

8 If one of the above-named companies does not qualify for a separate rate, all other exporters of certain preserved mushrooms from the People’s Republic of China who have not qualified for a separate rate are deemed to be covered by this review as part of the single PRC entity of 

which the named exporters are a part. 9The initiation of the administrative review for the above referenced case will be published in a separate initiation notice. 

During any administrative review 

covering all or part of a period falling 

between the first and second or third 

and fourth anniversary of the 

publication of an antidumping duty 

order under section 351.211 or a 

determination under section 

351.218(f)(4) to continue an order or 

suspended investigation (after sunset 

review), the Secretary, if requested by a 

domestic interested party within 30 

days of the date of publication of the 

notice of initiation of the review, will 

determine, consistent with FAG Italia 

v.United States, 291 F.3d 806 (Fed. Cir. 

2002), as appropriate, whether 

antidumping duties have been absorbed 

by an exporter or producer subject to the 

review if the subject merchandise is 

sold in the United States through an 

importer that is affiliated with such 

exporter or producer. The request must 

include the name(s) of the exporter or 

producer for which the inquiry is 

requested. 

Interested parties must submit 

applications for disclosure under 

administrative protective orders in 

accordance with 19 CFR 351.305. 

These initiations and this notice are 

in accordance with section 751(a) of the 

Tariff Act of 1930, as amended (19 

U.S.C. 1675(a)), and 19 CFR 

351.221(c)(1)(i). 

Dated: March 21, 2007. 

Stephen J. Claeys, 

Deputy Assistant Secretary for Import 

Administration. 

[FR Doc. E7–5689 Filed 3–27–07; 8:45 am] 

Billing Code: 3510–DS–S 

DEPARTMENT OF COMMERCE 

International Trade Administration 

A–570–504 

Petroleum Wax Candles From the 

People’s Republic of China: Partial 

Termination of Circumvention Inquiry 

and Affirmative Preliminary 

Determination of Circumvention of the 

Antidumping Duty Order 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

ACTION: Notice of Partial Termination 

and Affirmative Preliminary 

Determination of Circumvention of the 

Antidumping Duty Order: Petroleum 

Wax Candles from the People’s Republic 

of China. 

SUMMARY: On December 14, 2005, the 

Department of Commerce (the 

Department) received from the National 

Candle Association (NCA) an allegation 

of circumvention of the antidumping 

duty order on petroleum wax candles 

from the People’s Republic of China 

(PRC). Pursuant to that allegation, the 

Department initiated an 

anticircumvention inquiry on May 11, 

2006, with respect to four importers. We 

preliminarily determine that the 

importation by, or sale to, three U.S. 

importers (DECOR–WARE, Inc.; A&M 

Wholesalers, Inc.; and Albert E. Price) of 

wickless petroleum wax forms from the 

PRC, which subsequently undergo 

insertion of a wick and clip assembly in 

the United States, constitutes 

circumvention of the aforementioned 

order, within the meaning of section 

781(a) of the Tariff Act of 1930, as 

amended (the Act). Because NCA 

withdrew its allegation with respect to 

the fourth importer, Northern Lights 

Enterprises, the Department is 

terminating the inquiry with respect to 

Northern Lights Enterprises. 

EFFECTIVE DATE: March 28, 2007. 

FOR FURTHER INFORMATION CONTACT: 

Steve Bezirganian or Robert James, AD/ 

CVD Operations, Office 7, Import 

Administration, International Trade 

Administration, U.S. Department of 

Commerce, 14th Street and Constitution 

Avenue, NW, Washington, DC, 20230; 

telephone: 202–482–1131 and 202–482–

0649, respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

On December 14, 2005, the NCA 

requested that the Department conduct 

an anticircumvention inquiry pursuant 

to section 781(a) of the Act to determine 

whether candles assembled in the 

United States from certain wax forms 

produced in the PRC are circumventing 

the antidumping duty order on 

petroleum wax candles from the PRC. 

See Antidumping Duty Order: 

Petroleum Wax Candles From the 

People’s Republic of China, 51 FR 30686 

(August 28, 1986) (Candles Order). NCA 

asserted that the molded or carved 

articles of wax from the PRC are 

essentially wickless wax candles, and 

that producers in the PRC are shipping 

these wickless wax forms to the United 

States, with or without a pre-drilled 

hole in the center, for final assembly of 

the candle through insertion of a wick 

and clip assembly. Such assembly in the 

United States, NCA stated, constitutes 

circumvention of the order on 

petroleum wax candles from the PRC. 

See Request for Determination of 

Circumvention - Wickless Wax Candles 

Petroleum Wax Candles from the 

People’s Republic of China (A–570–

504), dated December 14, 2005 (NCA 

Request). 

On April 3 and 4, 2006, NCA 

supplemented the record with 

additional information. The April 3, 

2006, submission contained a revised 

list of names of alleged PRC producers/ 

exporters and alleged U.S. importers/ 

assemblers of the wickless wax candles; 

the April 4, 2006, submission contained 

copies of Customs Tariff Classification 

Rulings that NCA had identified in its 

original December 14, 2005, request. 

On May 11, 2006, the Department 

initiated the anticircumvention inquiry 

with respect to four importers. See 

Petroleum Wax Candles from the 

People’s Republic of China: Initiation of 

Anticircumvention Inquiry on 

Antidumping Duty Order, 71 FR 28661 

(May 17, 2006) (Notice of Initiation). 

The Department issued questionnaires 

to each of the four importers: Northern 

Lights Enterprises (on June 20, 2006); 

A&M Wholesalers, Inc. (on June 20, 

2006); DECOR–WARE, Inc. (on June 21, 

2006); and Albert E. Price (on June 22, 

2006). Responses to those 

questionnaires were originally due on 

July 11, 2006. Northern Lights 

Enterprises requested, and was granted, 

an extension for responding to the 

original questionnaire, and submitted its 

response on August 12, 2006. The 

remaining three importers (DECOR–

WARE, Inc.; A&M Wholesalers, Inc.; 

and Albert E. Price) failed to respond by 

the deadline of July 11, 2006. Each of 

these remaining three importers was 

sent a letter on July 27, 2006, requesting 

each to respond to the questionnaire by 

July 31, 2006, and indicating that 

further delays or lack of response may 

result in the Department proceeding 

with results based on facts available 

including, where appropriate, facts 

adverse to the importer. All three failed 

to respond. 

On May 17, 2006, the Department 

indicated to NCA that any request to 

add additional importers to the inquiry 

needed to be filed by July 5, 2006. See 

Memorandum from Robert James for the 


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1As this submission was untimely, the 

Department did not consider adding Deluxe in 

Commerce to this inquiry. 

File, dated June 30, 2006. NCA 

submitted a letter on July 5, 2006 

requesting that the Department add to 

the inquiry an entity identified as 

Indulgence Candles and Home; 

however, the request did not contain 

sufficient evidence that the firm in 

question was importing wax forms for 

completion into finished candles in the 

United States. On September 11, 2006, 

NCA submitted a letter requesting that 

the Department add to the inquiry an 

entity identified as Deluxe in 

Commerce.1

On February 21, 2007, NCA submitted 

a letter withdrawing its request with 

respect to Northern Lights Enterprises. 

On March 2, 2007, the Department 

extended the deadline for the final 

determination to June 5, 2007. See 

Letter from Robert James to All 

Interested Parties, dated March 2, 2007. 

Scope of the Order 

The products covered by this 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 classified in the 

original investigation under the Tariff 

Schedules of the United States item 

755.25, Candles and Tapers. The 

products covered are currently 

classified under the Harmonized Tariff 

Schedule of the United States (HTSUS) 

subheading 3406.00.00. Although the 

HTSUS subheading is provided for 

convenience purposes, the written 

description remains dispositive. 

In addition, the Department has 

determined that mixed–wax candles 

containing any amount of petroleum 

wax are later–developed merchandise 

and are within the scope of the Candles 

Order. See Later–Developed 

Merchandise Anticircumvention Inquiry 

of the Antidumping Duty Order on 

Petroleum Wax Candles from the 

People’s Republic of China: Affirmative 

Final Determination of Circumvention 

of the Antidumping Duty Order, 71 FR 

59075 (October 6, 2006). 

Scope of the Anticircumvention Inquiry 

The products covered by this inquiry 

are certain scented or unscented 

petroleum wax forms that do not 

incorporate a wick within the wax, 

whether or not having pre–drilled wick 

holes (wickless petroleum wax forms) 

that are imported into the United States 

and assembled into petroleum wax 

candles, and are currently classifiable 

under HTSUS subheading 9602.00.40. 

Wickless petroleum wax forms are sold 

in the following shapes: tapers, spirals, 

straight–sided wax forms; rounds, 

columns, pillars, votives; and various 

wax–filled containers. This inquiry only 

covers such products that are imported 

by, or sold to Northern Lights 

Enterprises, DECOR–WARE, Inc., A&M 

Wholesalers, Inc., or Albert E. Price. 

Applicable Statute 

Section 781 of the Act addresses 

circumvention of antidumping or 

countervailing duty orders. With respect 

to merchandise assembled or completed 

in the United States, section 781(a)(1) of 

the Act provides that if: (A) the 

merchandise sold in the United States is 

of the same class or kind as any other 

merchandise that is the subject of an 

antidumping duty order; (B) such 

merchandise sold in the United States is 

completed or assembled in the United 

States from parts or components 

produced in the foreign country with 

respect to which such order applies; (C) 

the process of assembly or completion 

in the United States is minor or 

insignificant; and (D) the value of the 

parts or components produced in the 

foreign country is a significant portion 

of the total value of the merchandise, 

then the Department may include 

within the scope of the order the 

imported parts or components produced 

in the foreign country used in the 

completion or assembly of the 

merchandise in the United States, after 

taking into account any advice provided 

by the United States International Trade 

Commission (ITC) under section 781(e) 

of the Act. 

In determining whether the process of 

assembly or completion in the United 

States is minor or insignificant, section 

781(a)(2) of the Act directs the 

Department to consider: (A) the level of 

investment; (B) the level of research and 

development; (C) the nature of the 

production process; (D) the extent of 

production facilities and (E) whether the 

value of processing performed in the 

United States represents a small 

proportion of the value of the 

merchandise sold in the United States. 

Section 781(a)(3) sets forth the factors 

to consider in determining whether to 

include parts or components in an 

antidumping duty order. The 

Department shall take into account: (A) 

the pattern of trade, including sourcing 

patterns; (B) whether the manufacturer 

or exporter of the parts or components 

is affiliated with the person who 

assembles or completes the merchandise 

sold in the United States; and (C) 

whether imports into the United States 

of the parts or components produced in 

the foreign country have increased after 

the initiation of the investigation which 

resulted in the issuance of the order. 

Partial Termination of the 

Anticircumvention Inquiry 

As noted above, NCA withdrew its 

inquiry request with respect to Northern 

Lights Enterprises. Accordingly, we are 

terminating this inquiry with respect to 

Northern Lights Enterprises. Regarding 

the remaining three importers (DECOR–

WARE, Inc.; A&M Wholesalers, Inc.; 

and Albert E. Price), see the Facts 

Available section below. 

Affirmative Preliminary Determination 

of Circumvention 

For the reasons described below, we 

preliminarily determine that 

circumvention of the antidumping duty 

order on petroleum wax candles from 

the PRC is occurring by reason of 

exports of wickless petroleum wax 

forms from the PRC imported by, or sold 

to, DECOR–WARE, Inc., A&M 

Wholesalers, Inc., and Albert E. Price, 

and which subsequently undergo 

insertion of a wick and clip assembly in 

the United States. 

Facts Available 

DECOR–WARE, Inc., A&M 

Wholesalers, Inc., and Albert E. Price 

failed to respond to the Department’s 

requests for information. The 

questionnaires the Department issued to 

these importers were designed to elicit 

information for purposes of conducting 

both qualitative and quantitative 

analyses in accordance with the criteria 

enumerated in section 781(a) of the Act 

as outlined above. This approach is 

consistent with our analysis in previous 

anticircumvention inquiries. See, e.g., 

Circumvention and Scope Inquiries on 

the Antidumping Duty Order on Certain 

Frozen Fish Fillets from the Socialist 

Republic of Vietnam: Partial Affirmative 

Final Determination of Circumvention 

of the Antidumping Duty Order, Partial 

Final Termination of Circumvention 

Inquiry and Final Rescission of Scope 

Inquiry, 71 FR 38608 (July 7, 2006); 

Hot–Rolled Lead and Bismuth Carbon 

Steel Products from Germany and the 

United Kingdom; Negative Final 

Determinations of Circumvention of 

Antidumping and Countervailing Duty 

Orders, 64 FR 40336 (July 26, 1999). 

Without this information the 

Department has no choice but to resort 

to the use of facts available in making 

its determination pursuant to section 

776(a)(2) of the Act. In selecting from 

among the facts available, the 


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14520 Federal Register / Vol. 72, No. 59 / Wednesday, March 28, 2007 / Notices 

2 Id. NCA did acknowledge, in its February 21, 

2007, letter withdrawing its request with respect to 

the importer Northern Lights Enterprises, that this 

importer ‘‘does more than just drill a hole and 

insert a wick’’ in the imported wickless petroleum 

wax forms. 

Department determined that an adverse 

inference is warranted, pursuant to 

section 776(b) of the Act, because these 

importers failed to comply with the 

Department’s requests for information to 

the best of their ability. 

Section 776(a) of the Act requires the 

Department to resort to facts otherwise 

available if necessary information is not 

available on the record or when an 

interested party or any other person fails 

to provide (requested) information by 

the deadlines for submission of the 

information or in the form and manner 

requested, subject to subsections (c)(1) 

and (e) of section 782. See sections 

776(a)(1) and 776(a)(2)(B) of the Act. As 

provided in section 782(c)(1) of the Act, 

if an interested party, promptly after 

receiving a request from the Department 

for information, notifies the Department 

that such party is unable to submit the 

information requested in the requested 

form and manner, the Department may 

modify the requirements to avoid 

imposing an unreasonable burden on 

that party. However, neither DECOR–

WARE, Inc., A&M Wholesalers, Inc., nor 

Albert E. Price notified the Department 

that they were unable to comply with 

the Department’s requests. 

Consequently, because these importers 

failed to respond to the Department’s 

questionnaire, we must base the 

preliminary determination in this 

inquiry on the facts otherwise available. 

Section 776(b) of the Act permits the 

Department to use an inference that is 

adverse to the interests of an interested 

party if that party fails to cooperate by 

not acting to the best of its ability to 

comply with a request for information. 

Because DECOR–WARE, Inc., A&M 

Wholesalers, Inc., and Albert E. Price 

refused to comply with the 

Department’s request for information, 

we find that these importers failed to 

cooperate by not acting to the best of 

their ability. The refusals by DECOR–

WARE, Inc., A&M Wholesalers, Inc., 

and Albert E. Price to respond to our 

questionnaire precludes the Department 

from making an informed determination 

based on record evidence as to whether 

they are (or are not) circumventing the 

antidumping duty order. In addition, 

because these importers failed to 

provide the Department with any 

information, we are also unable to 

distinguish between their imports or 

purchase of wickless petroleum wax 

forms for purposes other than U.S. 

assembly into merchandise covered by 

the Candles Order. Accordingly, we are 

making an adverse inference pursuant to 

section 776(b) of the Act that wickless 

petroleum wax forms imported by, or 

sold to, DECOR–WARE, Inc., A&M 

Wholesalers, Inc., and Albert E. Price 

are completed or assembled in the 

United States by the insertion of a wick 

and clip assembly within the meaning 

of section 781(a) of the Act. Therefore, 

we preliminarily find that these 

wickless petroleum wax forms are 

subject merchandise. 

Section 776(c) of the Act provides 

that, when the Department relies on 

secondary information rather than on 

information obtained in the course of an 

investigation or review, the Department 

shall, to the extent practicable, 

corroborate that information from 

independent sources that are reasonably 

at its disposal. The Statement of 

Administrative Action (SAA), which 

accompanied the Uruguay Round 

Agreements Act, H.R. Doc. No. 316, 

103rd Congress, 2nd Session (1994), 

states that the independent sources may 

include published price lists, official 

import statistics and customs data, and 

information obtained from interested 

parties during the investigation or 

review. SAA at 870. The SAA also 

clarifies that ‘‘corroborate’’ means that 

the Department will satisfy itself that 

the secondary information to be used 

has probative value. Id. To the extent 

practicable, the Department will 

examine the reliability and relevance of 

the information used. See, e.g., 

Circumvention and Scope Inquiries on 

the Antidumping Duty Order on Certain 

Frozen Fish Fillets from the Socialist 

Republic of Vietnam: Partial Affirmative 

Final Determination of Circumvention 

of the Antidumping Duty Order, Partial 

Final Termination of Circumvention 

Inquiry and Final Rescission of Scope 

Inquiry, 71 FR 38608 (July 7, 2006) and 

accompanying decision memorandum, 

dated June 30, 2006 (at Comment 2B). 

We reviewed all information on the 

record including NCA’s December 14, 

2005, application for this 

anticircumvention inquiry, its 

subsequent submissions, and the 

Department’s initiation of this inquiry. 

See Notice of Initiation. NCA presented 

information demonstrating an increase 

in imports of wax forms that may be 

used in the assembly of finished candles 

within the United States. Id. NCA also 

provided evidence that the wick and 

clip assembly process in the United 

States is minor or insignificant. Id. 

Although NCA did not have direct and 

specific information from U.S. 

assemblers, it was able to provide 

information based on the actual 

experience of its constituent members, 

U.S. domestic candle producers, that 

provided significant information on 

wick and clip assembly in particular, 

and commercial candle production in 

general. Id. With respect to whether the 

value of the parts or components 

produced in the PRC (the wickless 

petroleum wax forms) is a significant 

portion of the total value of the candle, 

NCA was able to provide information 

from the domestic candle industry 

indicating the value of the wax form is 

typically a significant portion of the 

total value of the finished candle.2

Thus, we conclude that NCA identified 

the elements required by 781(a) of the 

Act and supported its allegations with 

reliable and relevant information that 

continue to be of probative value. 

Suspension Of Liquidation 

Section 351.225(l)(2) of the 

Department’s regulations states that, 

‘‘{i}f the Secretary issues a preliminary 

scope ruling under paragraph (f)(3)’’ and 

‘‘{i}f liquidation has not been 

suspended, the Secretary will instruct 

the Customs Service to suspend 

liquidation and to require a cash deposit 

of estimated duties, at the applicable 

rate, for each unliquidated entry of the 

product entered, or withdrawn from 

warehouse, for consumption on or after 

the date of initiation of the scope 

inquiry.’’ In accordance with section 

351.225(l)(2) of the Department’s 

regulations, we will instruct U.S. 

Customs and Border Protection (CBP) to 

suspend liquidation of all wickless 

petroleum wax forms (as defined in the 

Scope of the Anticircumvention Inquiry 

section above) from the People’s 

Republic of China imported by, or sold 

to DECOR–WARE, Inc., A&M 

Wholesalers, Inc., or Albert E. Price that 

were entered, or withdrawn from 

warehouse, for consumption on or after 

May 11, 2006, the date of initiation of 

this anticircumvention inquiry. See 

Anti–circumvention Inquiry of the 

Antidumping Duty Order on Certain 

Pasta From Italy: Affirmative 

Preliminary Determination of 

Circumvention of the Antidumping Duty 

Order, 63 FR 18364, 18366 (April 15, 

1998); Anti–Circumvention Inquiry of 

the Antidumping Duty Order on Certain 

Pasta From Italy: Affirmative Final 

Determination of Circumvention of the 

Antidumping Duty Order, 63 FR 54672, 

54675–6 (October 13, 1998). CBP shall 

require cash deposits in accordance 

with those rates prevailing at the time 

of entry, depending upon the exporter 

in question. 


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1Therefore, a request for a new shipper review 

based on the semiannual anniversary month, 

February, was due to the Department by February 

28, 2007. See 19 CFR 351.214(d)(2). 

2Fashion Living made no subsequent shipments 

to the United States, which the Department 

corroborated using data from U.S. Customs and 

Border Protection. 

Notification to the International Trade 

Commission 

The Department, consistent with 

section 781(e) of the Act, is notifying the 

ITC of this affirmative preliminary 

determination to include the 

merchandise subject to this inquiry 

within the antidumping duty order on 

petroleum wax candles from the PRC. 

Pursuant to section 781(e) of the Act, 

the ITC may request consultations 

concerning the Department’s proposed 

inclusion of the subject merchandise. 

These consultations must be concluded 

within 15 days after the date of the 

request. If, after consultations, the ITC 

believes that a significant injury issue is 

presented by the proposed inclusion, it 

will have 60 days to provide written 

advice to the Department. 

Public Comment 

Interested parties may request a 

hearing within 10 days from the date of 

publication of this notice. Comments 

from interested parties may be 

submitted no later than 20 days from the 

publication of this notice. Rebuttals 

limited to issues raised in the initial 

comments may be filed no later than 27 

days after publication of this notice. 

Any hearing, if requested, will be held 

no later than 34 days after publication 

of this notice. The Department will 

publish the final determination with 

respect to this anticircumvention 

inquiry, including the results of its 

analysis of any written comments. The 

deadline for the final determination is 

currently June 5, 2007. See Letter from 

Robert James to All Interested Parties, 

dated March 2, 2007. 

This affirmative preliminary 

circumvention determination is in 

accordance with section 781(a) of the 

Act and 19 CFR 351.225. 

Dated: March 22, 2007. 

David M. Spooner, 

Assistant Secretary for Import 

Administration. 

[FR Doc. E7–5691 Filed 3–27–07; 8:45 am] 

BILLING CODE 3510–DS–S 

DEPARTMENT OF COMMERCE 

International Trade Administration 

A–570–504 

Petroleum Wax Candles from the 

People’s Republic of China: Initiation 

of New Shipper Review 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

EFFECTIVE DATE: March 28, 2007. 

SUMMARY: The Department of Commerce 

(the ‘‘Department’’) has determined that 

a request for a new shipper review of 

the antidumping duty order on 

petroleum wax candles from the 

People’s Republic of China (‘‘PRC’’), 

received before February 28, 2007, 

meets the statutory and regulatory 

requirements for initiation. The period 

of review (‘‘POR’’) of this new shipper 

review is August 1, 2006, through 

January 31, 2007. 

FOR FURTHER INFORMATION CONTACT: 

Nicole Bankhead, AD/CVD Operations, 

Office 9, Import Administration, 

International Trade Administration, 

U.S. Department of Commerce, 14th 

Street and Constitution Avenue, NW, 

Washington, DC 20230; telephone: (202) 

482–9068. 

SUPPLEMENTARY INFORMATION: 

Background 

The notice announcing the 

antidumping duty order on petroleum 

wax candles from the PRC published in 

the Federal Register on August 28, 

1986. See Antidumping Duty Order: 

Petroleum Wax Candles From the 

People’s Republic of China, 51 FR 30686 

(August 28, 1986).1 On February 16, 

2007, pursuant to 19 CFR 351.214(c), 

the Department received a new shipper 

review request from Hangzhou Fashion 

Living Co., Ltd (‘‘Fashion Living’’). On 

March 7, 2007, the Department 

requested that Fashion Living correct 

certain filing deficiencies. See the 

Department’s letter dated March 7, 

2007. On March 8, 2007, Fashion Living 

resubmitted its new shipper request. 

Fashion Living certified that it is both 

the producer and exporter of the subject 

merchandise upon which the request for 

a new shipper review is based. 

Pursuant to section 751(a)(2)(B)(i)(I) of 

the Tariff Act of 1930, as amended (‘‘the 

Act’’), and 19 CFR 351.214(b)(2)(i), 

Fashion Living certified that it did not 

export petroleum wax candles to the 

United States during the period of 

investigation (‘‘POI’’). In addition, 

pursuant to section 751(a)(2)(B)(i)(II) of 

the Act and 19 CFR 351.214(b)(2)(iii)(A), 

Fashion Living certified that, since the 

initiation of the investigation, it has 

never been affiliated with any PRC 

exporter or producer who exported 

petroleum wax candles to the United 

States during the POI, including those 

not individually examined during the 

investigation. As required by 19 CFR 

351.214(b)(2)(iii)(B), Fashion Living also 

certified that its export activities were 

not controlled by the central 

government of the PRC. 

In addition to the certifications 

described above, pursuant to 19 CFR 

351.214(b)(2)(iv), Fashion Living 

submitted documentation establishing 

the following: (1) the date on which 

Fashion Living first shipped petroleum 

wax candles for export to the United 

States and the date on which the 

petroleum wax candles were first 

entered, or withdrawn from warehouse, 

for consumption; (2) the volume of its 

first shipment; 2 and (3) the date of its 

first sale to an unaffiliated customer in 

the United States. 

The Department conducted customs 

database queries to confirm that Fashion 

Living’s shipment of subject 

merchandise had entered the United 

States for consumption and had been 

suspended for antidumping duties. We 

confirmed that Fashion Living’s 

shipment had entered for consumption 

and been suspended for antidumping 

duties. 

Initiation of New Shipper Review 

Pursuant to section 751(a)(2)(B) of the 

Act and 19 CFR 351.214(d)(1), the 

Department finds that Fashion Living’s 

request meets the threshold 

requirements for initiation of a new 

shipper review for the shipment of 

petroleum wax candles from the PRC it 

produced and exported. See Memo to 

the File from Nicole Bankhead, Senior 

Case Analyst, through Alex Villanueva, 

Program Manager, Office 9: New 

Shipper Review Initiation Checklist, 

dated March 19, 2007. 

The POR for this new shipper review 

is August 1, 2006, through January 31, 

2007. See 19 CFR 351.214(g)(1)(ii)(B). 

The Department intends to issue the 

preliminary results of this review no 

later than 180 days from the date of 

initiation, and final results of this 

review no later than 270 days from the 

date of initiation. See section 

751(a)(2)(B)(iv) of the Act. 

Interested parties requiring access to 

proprietary information in this new 

shipper review should submit 

applications for disclosure under 

administrative protective order in 

accordance with 19 CFR 351.305 and 

351.306. This initiation and notice are 

published in accordance with section 

751(a)(2)(B) of the Act and 19 CFR 

351.214 and 351.221(c)(1)(i). 


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