CSMS Message: 94-000685

TO : ALL ABI BROKERS.

FROM : HQ OAB

SUBJECT : ADA-4181111-CANDLES-PRC

DATE : 07/07/94

MESSAGE NO: 4181111 DATE: 07 07 1994
CATEGORY: ADD TYPE: LIQ
REFERENCE: REFERENCE DATE:
CASES: A - 570 - 504 - -
- - - -
- - - -

PERIOD COVERED: 07 07 1994 TO

LIQ SUSPENSION DATE:

TO: REGIONAL DIRECTORS, COMMERCIAL OPERATIONS
DISTRICT DIRECTORS, AREA AND PORT DIRECTORS

FROM: DIRECTOR, TRADE COMPLIANCE DIVISION

RE: PETROLEUM WAX CANDLES FROM THE PEOPLES REPUBLIC OF CHINA
(PRC) (A-570-504)

1. ON JUNE 6, 1994, IN RESPONSE TO A REQUEST BY KOLE IMPORTS
(KOLE), THE DEPARTMENT OF COMMERCE ISSUED A FINAL SCOPE
RULING THAT KOLE'S MODEL SA-09 CANDLE SETS ARE NOT WITHIN THE
SCOPE OF THE ANTIDUMPING DUTY ORDER ON PETROLEUM WAX CANDLES
FROM THE PEOPLE'S REPUBLIC OF CHINA (A-570-504). THE
DEPARTMENT DETERMINED THAT THE KOLE SA-09 CANDLE SETS, WHICH
ARE TAPERS WITH HOLIDAY FIGURINES, ARE CHRISTMAS NOVELTY
CANDLES. THEREFORE, THE KOLE SA-09 CANDLE SETS ARE NOT
WITHIN THE SCOPE OF THE ANTIDUMPING DUTY ORDER ON PETROLEUM
WAX CANDLES FROM THE PEOPLE'S REPUBLIC OF CHINA.

2. EFFECTIVE IMMEDIATELY, TERMINATE SUSPENSION AND LIQUIDATE ALL
UNLIQUIDATED ENTRIES, REGARDLESS OF ENTRY DATE, OF KOLE'S
SA-09 CANDLE SETS.

3. 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 UNDERPAYMENTS, OF THE REQUIRED AMOUNTS DEPOSITED
AS ESTIMATED ANTIDUMPING DUTIES. THE INTEREST PROVISIONS ARE
NOT APPLICABLE TO BONDS POSTED AS ESTIMATED ANTIDUMPING
DUTIES. INTEREST SHALL BE CALCULATED FROM THE DATE OF
PAYMENT OF ESTIMATED ANTIDUMPING DUTIES 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.

4. REFUND ANY CASH DEPOSITS AND RELEASE ANY BONDS RELATING TO
THE KOLE SA-09 CANDLE SETS LISTED ABOVE.

5. 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.

6. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CUSTOMS
OFFICERS, PLEASE CONTACT VIA EMAIL, THROUGH THE REGIONAL
ANTIDUMPING/COUNTERVAILING DUTY COORDINATOR, THE TRADE
COMPLIANCE DIVISION, ANTIDUMPING/COUNTERVAILING DUTY BRANCH,
USING THE ATTRIBUTE "HQ OAB." THE IMPORTING PUBLIC AND
INTERESTED PARTIES SHOULD CONTACT ROBERT M. JAMES AT (202)
482-5222, OFFICE OF ANTIDUMPING COMPLIANCE, INTERNATIONAL
TRADE ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE.

7. THERE ARE NO RESTRICTIONS ON RELEASE OF THIS INFORMATION.

NANCY MCTIERNAN