According to a notice expected to be published shortly in the Federal Register, the Department of Commerce is considering expanding the existing antidumping duty order on petroleum wax candles from China to include all novelty candles. To this point the DOC has considered certain novelty candles (i.e., candles in the shape of an identifiable object or with holiday-specific design, both being discernable from multiple angles) to be outside the scope of this order. Each year, however, the DOC receives an “extremely large number” of scope determination requests with respect to this order, many of which claim that the specified candles should be excluded on the grounds that they are novelty candles.

The DOC is therefore inviting public comments by Sept. 16 on the best method for considering whether novelty candles should or should not be included within the scope of the order. The notice specifically mentions the following two options but emphasizes that all comments and proposals are welcome.

• The DOC would consider all candle shapes identified in the scope of the order to be within the scope, regardless of etchings, prints, moldings or other artistic or decorative enhancements, including any holiday-related art. All other candle shapes would be considered outside the scope of the order.

• The DOC would consider all candle shapes, including novelty candles, to be within the scope of the order, including those not in the shapes listed in the order, as that is not an exhaustive list of shapes but simply an illustrative list of common candle shapes.

The DOC intends to issue a preliminary determination on this issue by Nov. 16 and will then allow another 30 days for comments.