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Federal Register / Vol. 71, No.

119 / Wednesday, June 21, 2006 / Notices 35613

Houston, TX 77032; and, Office of the antidumping duty order on petroleum received the importer’s response on
Executive Secretary, Foreign–Trade wax candles from the PRC. See February 9, 2006.
Zones Board, Room 1115, U.S. Antidumping Duty Order: Petroleum On February 1, 2006, the National
Department of Commerce, 1401 Wax Candles From the People’s Candle Association (‘‘NCA’’), the
Constitution Avenue, NW., Washington, Republic of China, 51 FR 30686 (August Petitioner, submitted its comments on
District of Columbia 20230–0002; Tel: 28, 1986) (‘‘Candles Order’’). Youngson’s Sections A (original and
(202) 482–2862. On September 28, 2005, in response supplemental), C, and D responses. On
Dated: June 13, 2006. to Youngson’s request and in March 14, 2006, the Petitioner
Pierre V. Duy, accordance with section 751(a)(1) of the submitted its second set of comments on
Tariff Act of 1930, as amended (the Youngson’s original and supplemental
Acting Executive Secretary.
‘‘Act’’), and section 351.213(b) of the Section D responses. On March 29,
[FR Doc. E6–9823 Filed 6–20–06; 8:45 am] Department’s regulations, the 2006, the Petitioner submitted its third
BILLING CODE 3510–DS–S Department initiated the 2004–2005 set of comments on Youngson’s
administrative review of petroleum wax responses.
candles from the PRC on one company. On February 24, 2006, the Department
DEPARTMENT OF COMMERCE
See Initiation of Antidumping and provided all interested parties the
International Trade Administration Countervailing Duty Administrative opportunity to submit information
Reviews and Request for Revocation in pertinent to selecting a surrogate
[A–570–504] Part, 70 FR 56631 (September 28, 2005). country and valuing factors of
On October 19, 2005, the Department production (‘‘FOP’’) for this
Petroleum Wax Candles From the issued an antidumping duty administrative review. On March 16,
People’s Republic of China: questionnaire to Youngson. On 2006, Youngson requested, and the
Preliminary Results of the 2004–2005 November 23, 2005, Youngson Department granted, a six-week
Administrative Review submitted its Section A response to the extension of time to file its surrogate
AGENCY: Import Administration, Department’s antidumping duty values submission. The deadline for
International Trade Administration, questionnaire.1 On December 9, 2005, submitting surrogate values information
Department of Commerce. Youngson submitted its Sections C and was extended until May 1, 2006. On
D questionnaire response. On December March 20, 2006, the Department issued
SUMMARY: The Department of Commerce
23, 2005, the Department issued its first a surrogate country memorandum to all
(‘‘the Department’’) is currently
Section A supplemental questionnaire interested parties. See Memorandum to
conducting an administrative review of
to Youngson, and on January 17, 2006, the File ‘‘Antidumping Duty
the antidumping duty order on
Youngson submitted its response. On Administrative Review of Petroleum
petroleum wax candles from the
January 24, 2006, the Department issued Wax Candles from the People’s Republic
People’s Republic of China (‘‘PRC’’)
its first Sections C&D supplemental of China: Selection of a Surrogate
covering the period August 1, 2004,
questionnaire to Youngson, and on Country’’ dated March 20, 2006, from
through July 31, 2005. This review
February 21, 2006, Youngson submitted Cindy Lai Robinson through Alex
covers imports of subject merchandise
its response. On February 21, 2006, the Villanueva, Program Manager, Office 9,
from one manufacturer/exporter:
Department issued a second Section A Import Administration and James C.
Qingdao Youngson Industrial Co., Ltd.
supplemental questionnaire, and on Doyle, Director, Office 9, Import
(‘‘Youngson’’).
March 20, 2006, Youngson submitted its Administration.
We preliminarily find that adverse
response. On March 9, 2006, the On March 30, 2006, the Department
facts available (‘‘AFA’’) are appropriate
Department issued a second Sections extended the time limit for the
for Youngson. If these preliminary
C&D supplemental questionnaire to preliminary results of this
results are adopted in our final results
Youngson. On March 20, 2006, administrative review from May 3, 2006,
of review, we will instruct U.S. Customs
Youngson requested a two-week to June 19, 2006. See Petroleum Wax
and Border Protection (‘‘CBP’’) to assess
extension to respond to the Candles from the People’s Republic of
antidumping duties on all appropriate
Department’s March 9, 2006, China: Extension of Time Limit for
entries in accordance with these results.
supplemental questionnaire; the Preliminary Results of the Antidumping
We invite interested parties to comment
Department granted a one-week Duty Administrative Review, 71 FR
on these preliminary review results and
extension until March 30, 2006. On 16120 (March 30, 2006).
will issue the final review results no
March 24, 2006, the Department issued On March 30, 2006, Youngson
later than 120 days from the date of
its third Sections A, C, and D advised the Department by telephone
publication of this notice.
supplemental questionnaires to that it would not submit responses to
DATES: Effective Date: June 21, 2006. Youngson. Youngson did not submit the Department’s letters dated March 9
FOR FURTHER INFORMATION CONTACT: Alex any responses to the Department’s and 24, 2006. Furthermore, Youngson
Villanueva or Cindy Lai Robinson, AD/ second Sections C&D supplemental stated that it was withdrawing from the
CVD Operations, Office 9, Import questionnaires. Additionally, Youngson instant proceeding. See Memorandum to
Administration, International Trade did not submit responses to the the File from Cindy Robinson, Case
Administration, U.S. Department of Department’s third Sections A, C, and D Analyst, 7th Administrative Review of
Commerce, 14th Street and Constitution supplemental questionnaires. the Antidumping Duty Order on
Avenue, NW., Washington, DC 20230; On January 4, 2006, the Department Petroleum Wax Candles from the
telephone: (202) 482–3208 or 202 482– issued an importer questionnaire to People’s Republic of China: Regarding
3797, respectively. Youngson’s importer. The Department Telephone Call with Counsel to Qingdao
jlentini on PROD1PC65 with NOTICES

SUPPLEMENTARY INFORMATION: Youngson Industrial Co., Ltd.


1 Section A (Organization, Accounti8ng Practices,
(‘‘Youngson’’,) dated March 30, 2006.
Case History Markets and Merchandise), C (Sales to the United
On March 31, 2006, Youngson filed a
States), D (Factors of Production), E (Cost of Further
On August 28, 1986, the Department Manufacturing Performed in the United States) and letter withdrawing its request for an
published in the Federal Register the Sales and Factors of Production Reconciliations. administrative review. Youngson did

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35614 Federal Register / Vol. 71, No. 119 / Wednesday, June 21, 2006 / Notices

not reply to the Department’s third Sections C&D supplemental review and calculated normal value
supplemental questionnaire. questionnaire responses, Youngson did (‘‘NV’’) by valuing the FOPs in a
not submit the second Sections C&D surrogate country.
Period of Review It is the Department’s policy to assign
supplemental questionnaire responses
The POR covers August 1, 2004, or the third Sections A, C&D all exporters of the merchandise subject
through July 31, 2005. supplemental questionnaire responses. to reviews that are located in NME
Scope of the Order Because of Youngson’s supplemental countries, a single antidumping duty
questionnaire responses, the rate unless an exporter can demonstrate
The products covered by Candles Department had also extended the an absence of governmental control,
Order are certain scented or unscented preliminary results and selected a both in law (de jure) and in fact (de
petroleum wax candles made from surrogate country. The Department facto), with respect to its export
petroleum wax and having fiber or expended considerable effort and activities. To establish whether an
paper-cored wicks. They are sold in the resources in its analysis of Youngson, exporter is sufficiently independent of
following shapes: Tapers, spirals, and prior to its late withdrawal during an governmental control to be entitled to a
straight-sided dinner candles; round, advanced stage of the review. Therefore, separate rate, the Department analyzes
columns, pillars, votives; and various the Department is not rescinding the the exporter using the criteria
wax-filled containers. The products review of the Candles Order with established in the Final Determination
were classified under the Tariff respect to Youngson. This is consistent of Sales at Less Than Fair Value:
Schedules of the United States with past Department practice. See Sparklers from the People’s Republic of
(‘‘TSUS’’) 755.25, Candles and Tapers. Antifriction Bearings and Parts Thereof China, 56 FR 20588 (May 6, 1991)
The product covered are currently from France, Germany, Italy, Japan, (‘‘Sparklers’’), as amplified in the Final
classified under the Harmonized Tariff Singapore, and the United Kingdom: Determination of Sales at Less Than
Schedule of the United States Preliminary Results of Antidumping Fair Value: Silicon Carbide from the
(‘‘HTSUS’’) item 3406.00.00. Although Duty Administrative Reviews, Partial People’s Republic of China, 59 FR 22585
the HTSUS subheading is provided for Rescission of Administrative Reviews, (May 2, 1994) (‘‘Silicon Carbide’’).
convenience purposes, our written Notice of Intent to Rescind Under the separate rates criteria
description remains dispositive. See Administrative Reviews, And Notice of established in these cases, the
Candles Order and Notice of Final Intent to Revoke Order in Part, 69 FR Department assigns separate rates to
Results of the Antidumping Duty New 5950 (February 9, 2004) (‘‘Although we NME exporters only if they can
Shipper Review: Petroleum Wax have accepted untimely withdrawals of demonstrate the absence of both de jure
Candles from the People’s Republic of requests for review elsewhere, the and de facto governmental control over
China, 69 FR 77990 (December 29, circumstances surrounding the review their export activities.
2004). of INA 2 are different from other Because Youngson withdrew from the
Youngson’s Request for Withdrawal of situations * * * we had expended effort current administrative review with
Administrative Review and resources in our analysis of INA critical data potentially relevant to
prior to the untimely withdrawal such separate rates still outstanding, the
As noted above, Youngson submitted that we were quite advanced in the Department was prevented from
a letter to the Department withdrawing review’’). See, also, Antifriction conducting a thorough separate rates
its request for an administrative review Bearings and Parts Thereof From analysis or from verifying Youngson’s
on March 31, 2006. Pursuant to 19 CFR France, Germany, Italy, Japan, information. Therefore, we find that
351.213(d)(1), ‘‘the Secretary will Singapore, and the United Kingdom: Youngson has not demonstrated that it
rescind an administrative review under Final Results of Antidumping Duty is entitled to a separate rate, and it is
this section, in whole or in part, if a Administrative Reviews, Rescission of deemed to be included in the PRC-wide
party that requested a review withdraws Administrative Reviews in Part, and entity and will be assigned a single
the request within 90 days of the date Determination To Revoke Order in Part, margin as discussed below.
of publication of notice of initiation of 69 FR 55574 (September 15, 2004) (the
the requested review. The Secretary may Application of Adverse Facts Available
Department’s decision remained (‘‘AFA’’)
extend this time limit if the Secretary unchanged in the final results).
decides that it is reasonable to do so.’’ Section 776(a)(2) of the Act provides
The 90-day deadline for withdrawing Separate Rates that, if an interested party: (A)
from this administrative review expired The Department has treated the PRC Withholds information that has been
on December 28, 2005. Therefore, as a non-market economy (‘‘NME’’) requested by the Department; (B) fails to
Youngson’s request to withdraw from country in all previous antidumping provide such information in a timely
the administrative review was cases. See Brake Rotors From the manner or in the form or manner
submitted 94 days after the deadline People’s Republic of China: Final requested, subject to sections 782(c)(1)
established by the Department. Results of the Twelfth New Shipper and (e) of the Act; (C) significantly
During the course of conducting this Review, 71 FR 4112 (January 25, 2006). impedes a proceeding under the
review, the Department reviewed In accordance with section 771(18)(C)(i) antidumping statute; or (D) provides
Youngson’s submissions and prepared of the Act, any determination that a such information but the information
and sent questionnaires to Youngson foreign country is an NME country shall cannot be verified, the Department
and Youngson’s importer. As a result of remain in effect until revoked by the shall, subject to subsection 782(d) of the
Youngson’s deficient and/or incomplete administering authority. We have no Act, use facts otherwise available in
questionnaire responses, the evidence suggesting that this reaching the applicable determination.
Department sent three supplemental determination should be changed. Furthermore, section 776(b) of the Act
jlentini on PROD1PC65 with NOTICES

questionnaires for each section of the Therefore, we treated the PRC as an states that if the Department ‘‘finds that
Department’s questionnaire in an NME country for purposes of this an interested party has failed to
attempt to gather necessary information cooperate by not acting to the best of its
from Youngson. Although Youngson 2 A ball bearings company in Germany, INA- ability to comply with a request for
submitted two Section A and the first Schaeffler KG (INA). information,’’ the Department, ‘‘in

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Federal Register / Vol. 71, No. 119 / Wednesday, June 21, 2006 / Notices 35615

reaching the applicable determination International Trade Commission, the corroboration, the Department will
under this title, may use an inference administering authority or the consider whether that margin is both
that is adverse to the interests of that Commission, in reaching the applicable reliable and relevant. The AFA rate we
party in selecting from among the facts determination under section 776(b) of are applying for the current review was
otherwise available.’’ See also Statement the Act, may use an inference that is corroborated in the most recently
of Administrative Action (‘‘SAA’’) adverse to the interests of that party in completed new shipper review
accompanying the Uruguay Round selecting from among the facts subsequent to the Amended Final. See
Agreements Act (‘‘URAA’’), H.R. Rep. otherwise available. In the instant Notice of Final Results of the
No. 103–316 at 870 (1994). proceeding, we find it appropriate to Antidumping Duty New Shipper Review:
Despite the Department having issued use an inference that is adverse to the Petroleum Wax Candles from the
two supplemental Sections A, C&D interests of Youngson in selecting from People’s Republic of China (‘‘2002–2003
questionnaires, significant questions among the facts otherwise available. By New Shipper Review’’) 69 FR 77990
affecting separate rates and the margin withdrawing from this administrative (December 29, 2004). Furthermore, no
calculation remain. For example, review 94 days after the Department’s information has been presented in the
Youngson failed to provide clarification established deadline rather than current review that calls into question
on its relationship with a ‘‘start-up submitting a response to the the reliability of this information.
company,’’ which Youngson claimed Department’s March 9 and 24, 2006, With respect to the relevance aspect
never received a business license and supplemental questionnaires, Youngson of corroboration, the Department will
was owned by someone who later has failed to cooperate to the best of its consider information reasonably at its
became an officer of Youngson. The ability in this proceeding. In addition, disposal to determine whether a margin
Department requested that Youngson because we have determined that continues to have relevance. Where
clarify whether the start-up company is Youngson is not entitled to a separate circumstances indicate that the selected
the predecessor of Youngson in the rate and is part of the PRC-wide entity, margin is not appropriate as AFA, the
Department’s first and second Section A the PRC-wide entity is under review. As Department will disregard the margin
supplemental questionnaires. the PRC-wide entity, in this instance, and determine an appropriate margin.
Information regarding Youngson’s was uncooperative, we have determined For example, in Fresh Cut Flowers from
relationship with this start-up company an antidumping duty margin for it based Mexico: Final Results of Antidumping
potentially affects Youngson’s U.S. on total AFA pursuant to section 776(b) Administrative Review, 61 FR 6812
sales, factors of production and separate of the Act. See e.g., Certain Cased (February 22, 1996), the Department
rates. Additionally, Youngson failed to Pencils from the People’s Republic of disregarded the highest margin in that
provide the information in the manner China; Final Results and Partial case as adverse best information
requested. Finally, Youngson’s actions Rescission of Antidumping Duty available (the predecessor to ‘‘facts
have impeded the administrative review Administrative Review, 67 FR 48612 available’’) because the margin was
procedures such that a verification of (July 25, 2002). See, also, Porcelain-on- based on another company’s
Youngson’s sales, cost and separate Steel Cooking Ware from the People’s uncharacteristic business expense
rates information could not be Republic of China: Notice of Final resulting in an unusually high margin.
performed. Therefore, the Department Results of Antidumping Duty Similarly, the Department does not
has no choice but to rely on the facts Administrative Review, 71 FR 24641 apply a margin that has been
otherwise available in order to (April 26, 2006). As a result, Youngson discredited. See D&L Supply Co. v.
determine a margin for Youngson, receives the 108.3 percent, the PRC- United States, 113 F.3d 1220, 1221 (Fed.
pursuant to section 776(a)(2) of the Act. wide entity rate. See the Cir. 1997) (the Department will not use
See Stainless Steel Sheet and Strip in ‘‘Corroboration’’ section below for a a margin that has been judicially
Coils From Japan: Preliminary Results of discussion of the probative value of the invalidated). The information used in
Antidumping Duty Administrative PRC-wide 108.30 percent rate. calculating this margin was based on
Review, 70 FR 18369 (April 11, 2005), sales and production data submitted by
(‘‘because this company refused to Corroboration of AFA Rate for the respondents in the 2001–2002
participate in this administrative Youngson administrative review, together with the
review, we find that, * * * the use of Section 776(c) of the Act requires that most appropriate surrogate value
total facts available is appropriate’’) and the Department corroborate, to the information available to the Department,
Notice of Preliminary Determination of extent practicable, a figure which it chosen from submissions by the parties
Sales at Less Than Fair Value and applies as facts available. To be in the 2001–2002 administrative review,
Affirmative Preliminary Determination considered corroborated, information as well as gathered by the Department
of Critical Circumstances: Wax and must be found to be both reliable and itself. Furthermore, the calculation of
Wax/Resin Thermal Transfer Ribbons relevant. We are applying as AFA the this margin was subject to comment
From Japan, 68 FR 71072 (December 22, PRC-wide rate, which is the highest rate from interested parties in the
2003), (‘‘Since UC and DNP withheld from any segment of this administrative proceeding. Moreover, as there is no
information requested by the proceeding. information on the record of this review
Department, the Department has no The information upon which the AFA that demonstrates that this rate is not
choice but to rely on the facts otherwise rate being assigned to Youngson (the appropriately used as AFA, we
available in order to determine a margin PRC-wide rate of 108.30 percent) is determine that this rate has relevance.
for these parties’’). As facts available, we based on the highest rate in this Based on our analysis as described
find Youngson is not separate from the proceeding, a rate calculated in the above, we find that the margin of 108.30
PRC-wide entity. 2001–2002 administrative review. See percent is reliable and has relevance. As
In applying facts otherwise available, Amended Notice of Final Results of the the rate is both reliable and relevant, we
jlentini on PROD1PC65 with NOTICES

section 776(b) of the Act states that if an Antidumping Duty Administrative determine that it has probative value.
interested party has failed to cooperate Review: Petroleum Wax Candles from Accordingly, we determine that the
by not acting to the best of its ability to the People’s Republic of China calculated rate of 108.30 percent, which
comply with a request for information (‘‘Amended Final) 69 FR 20858 (April is the current PRC-wide rate, is in
from the administering authority or the 19, 2004). For purposes of accordance with the requirement of

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35616 Federal Register / Vol. 71, No. 119 / Wednesday, June 21, 2006 / Notices

section 776(c) of the Act that secondary subject merchandise from Youngson Preliminary Results of Review
information be corroborated (that it have subject to the PRC-wide rate. We preliminarily determine that the
probative value). Consequently, we have following margin exists during the
assigned this AFA rate to exports of the period August 1, 2004, through July 31,
2005:
PETROLEUM WAX CANDLES FROM THE PRC
Weighted-average
Manufacturer/Exporter margin (percent)

PRC-wide Entity (including Qingdao Youngson Industrial Co., Ltd.) .......................................................................................... 108.30

Public Comment duty assessment rates based on the ratio reimbursement of antidumping duties
The Department will disclose to of the total amount of the dumping occurred and the subsequent assessment
parties of this proceeding the margins calculated for the examined of double antidumping duties.
information utilized in reaching the sales to the total entered value of those We are issuing and publishing this
preliminary results within ten days of same sales. We will instruct CBP to determination in accordance with
the date of announcement of the assess antidumping duties on all sections 751(a)(1) and 777(i)(1) of the
appropriate entries covered by this Act.
preliminary results. An interested party
review if any importer-specific Dated: June 12, 2006.
may request a hearing within 30 days of
assessment rate calculated in the final
publication of the preliminary results. David M. Spooner,
results of this review is above de
See 19 CFR 351.310(c). Interested Assistant Secretary for Import
minimis.
parties may submit written comments Administration.
(case briefs) within 30 days of Cash Deposit Requirements [FR Doc. E6–9800 Filed 6–20–06; 8:45 am]
publication of the preliminary results The following cash deposit BILLING CODE 3510–DS–P
and rebuttal comments (rebuttal briefs), requirements will be effective upon
which must be limited to issues raised publication of the final results of this
in the case briefs, within five days after administrative review for all shipments DEPARTMENT OF COMMERCE
the time limit for filing case briefs. See of the subject merchandise entered, or
19 CFR 351.309(c)(1)(ii) and 19 CFR withdrawn from warehouse, for International Trade Administration
351.309(d). Parties who submit consumption on or after the publication
arguments are requested to submit with date, as provided for by section A–570–879
the argument: (1) A statement of the 751(a)(2)(C) of the Act: (1) For
issue; (2) a brief summary of the Polyvinyl Alcohol from the People’s
previously investigated or reviewed PRC
argument; and (3) a table of authorities. Republic of China: Amended Final
and non-PRC exporters not listed above
Further, the Department requests that Results of Administrative Review
that have separate rates, the cash
parties submitting written comments deposit rate will continue to be the AGENCY: Import Administration,
provide the Department with a diskette exporter-specific rate published for the International Trade Administration,
containing the public version of those most recent period; (2) for all PRC Department of Commerce.
comments. Unless the deadline is exporters of subject merchandise which SUMMARY: On May 15, 2006, the
extended pursuant to section have not been found to be entitled to a Department of Commerce (the
751(a)(3)(A) of the Act, the Department separate rate (including Youngson), the ‘‘Department’’) published Polyvinyl
will issue the final results of this cash deposit rate will be the PRC-wide Alcohol from the People’s Republic of
administrative review, including the rate of 108.30 percent; and (3) the cash China: Final Results of Antidumping
results of our analysis of the issues deposit rate for all non-PRC exporters of Duty Administrative Review, 71 FR
raised by the parties in their comments, subject merchandise which have not 27991 (May 15, 2006) (‘‘Final Results’’),
within 120 days of publication of the received their own rate, the cash deposit covering the period of review (‘‘POR’’)
preliminary results. The assessment of rate will be the rate applicable to the August 11, 2003, through September 30,
antidumping duties on entries of PRC exporters that supplied that non- 2004. We are amending the Final
merchandise covered by this review and PRC exporter. These deposit Results to correct a ministerial error
future deposits of estimated duties shall requirements, when imposed, shall made in the calculation of the dumping
be based on the final results of this remain in effect until publication of the margin for Sinopec Sichuan Vinylon
review. final results of the next administrative Works (‘‘SVW’’), pursuant to section
Assessment Rates review. 751(h) of the Tariff Act of 1930, as
Notification to Importers amended (‘‘the Act’’).
Upon issuing the final results of the
EFFECTIVE DATE: June 21, 2006.
review, the Department shall determine, This notice serves as a preliminary
and CBP shall assess, antidumping reminder to importers of their FOR FURTHER INFORMATION CONTACT: Lilit
duties on all appropriate entries. The responsibility under 19 CFR Astvatsatrian, AD/CVD Operations,
Department will issue appropriate 351.402(f)(2) to file a certificate Office 8, Import Administration,
appraisement instructions for the regarding the reimbursement of International Trade Administration,
jlentini on PROD1PC65 with NOTICES

company subject to this review directly antidumping duties prior to liquidation U.S. Department of Commerce, 14th
to CBP within 15 days of publication of of the relevant entries during this Street and Constitution Avenue, NW,
the final results of this review. Pursuant review period. Failure to comply with Washington, DC 20230; telephone: (202)
to 19 CFR 351.212(b)(1), we will this requirement could result in the 482–6412.
calculate importer-specific ad valorem Secretary’s presumption that SUPPLEMENTARY INFORMATION:

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