China Wax Candles: Tinker Bell's Wings Make Her Subject to AD Duties, Says Commerce
Tinker Bell’s wings make candles in the Disney character’s shape subject to antidumping duties, said the Commerce Department in a scope ruling issued July 23. Although figurine candles in the shape of a human are exempt from the AD duty order on petroleum wax candles from China, humans don’t have wings and the Tinker Bell candles aren’t exempt, said Commerce.
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In a 2011 proceeding meant to clarify the coverage of AD duties on petroleum wax candles from China, Commerce ruled that all petroleum wax candles are subject to the order except for birthday candles, utility candles, and figurine candles in the shape of a human, animal or deity (see 11080221). Hallmark Cards argued the Tinker Bell candles it imports met the exemption for human figurines. The candles depict “a lithe young woman sitting cross-legged,” it said.
But in Commerce's view, the addition of wings to a human figure means the resulting creature is neither man nor beast nor god. Commerce decided a similar question nearly a year ago when it found candles in the shape of cherubs, which are babies with wings, don’t meet the exemption because they are not deity figurines (see 13082908. After having examined Hallmark’s Tinker Bell candle, Commerce once again says it “cannot ignore the prominent role of the wings,” which demonstrate that Tinker Bell is “not in the shape of a human” and must be accompanied by AD duty cash deposits.
Email ITTNews@warren-news.com for a copy of this scope ruling.