[Federal Register Volume 86, Number 138 (Thursday, July 22, 2021)]
[Notices]
[Pages 38675-38676]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-15584]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-909]


Certain Steel Nails From the People's Republic of China: Notice 
of Court Decision Not in Harmony With Final Scope Ruling and Notice of 
Amended Final Scope Ruling Pursuant to Court Decision

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: On July 12, 2021, the U.S. Court of International Trade (CIT) 
issued its final judgment in Fastenal Company Purchasing v. United 
States, Court No. 17-00269, sustaining the Department of Commerce 
(Commerce)'s remand redetermination pertaining to a scope ruling in 
which Commerce found Fastenal Company Purchasing's (Fastenal's) zinc 
and nylon anchors to be outside the scope of the antidumping duty (AD) 
order on certain steel nails (nails) from the People's Republic of 
China (China). Commerce is notifying the public that the CIT's final 
judgment is not in harmony with Commerce's scope ruling, and that 
Commerce is amending the scope ruling to find that zinc and nylon 
anchors are not covered by the order.

DATES: Applicable July 22, 2021.

FOR FURTHER INFORMATION CONTACT: Kelsie Hohenberger, AD/CVD Operations, 
Office V, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-2517.

Background

    On October 13, 2017, Commerce found Fastenal's zinc and nylon 
anchors, which consist of a zinc, steel, or nylon body component and a 
steel pin component, to be within the scope of the AD order on nails 
from China.\1\
---------------------------------------------------------------------------

    \1\ See Memorandum, ``Antidumping and Countervailing Duty Orders 
on Certain Steel Nails from the People's Republic of China: Final 
Scope Ruling on Fastenal Company Purchasing's Anchors,'' dated 
October 13, 2017 (Final Scope Ruling).
---------------------------------------------------------------------------

    Fastenal appealed Commerce's Final Scope Ruling. On June 11, 2018, 
the CIT stayed the case pending a final and conclusive determination 
from the U.S. Court of Appeals for the Federal Circuit (CAFC) in 
OMG.\2\ In light of the CAFC's decision, Commerce requested that the 
CIT remand this matter for further consideration. On November 12, 2020, 
the CIT remanded the Final Scope Ruling to Commerce.\3\
---------------------------------------------------------------------------

    \2\ See OMG, Inc. v. United States, 972 F.3d 1358 (Fed. Cir. 
2020) (OMG).
    \3\ See Fastenal Company Purchasing v. United States, Court No. 
17-00269, ECF No. 41 (CIT November 12, 2020).
---------------------------------------------------------------------------

    In its final remand redetermination, issued in February 2021, 
Commerce found Fastenal's zinc and nylon anchors to be outside the 
scope of the AD order

[[Page 38676]]

on nails from China.\4\ The CIT sustained Commerce's final 
redetermination.\5\
---------------------------------------------------------------------------

    \4\ See Final Results of Redetermination Pursuant to Fastenal 
Company Purchasing v. United States, Court No. 17-00269, ECF No. 41 
(CIT November 12, 2020), dated February 9, 2021.
    \5\ See Fastenal Company Purchasing v. United States, Slip Op. 
21-85, Court No. 17-00269 (CIT 2021).
---------------------------------------------------------------------------

Timken Notice

    In its decision in Timken,\6\ as clarified by Diamond Sawblades,\7\ 
the CAFC held that, pursuant to section 516A(c) and (e) of the Tariff 
Act of 1930, as amended (the Act), Commerce must publish a notice of 
court decision that is not ``in harmony'' with a Commerce determination 
and must suspend liquidation of entries pending a ``conclusive'' court 
decision. The CIT's July 12, 2021, judgment constitutes a final 
decision of the CIT that is not in harmony with Commerce's Final Scope 
Ruling. Thus, this notice is published in fulfillment of the 
publication requirements of Timken.
---------------------------------------------------------------------------

    \6\ See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 
1990) (Timken).
    \7\ See Diamond Sawblades Manufacturers Coalition v. United 
States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).
---------------------------------------------------------------------------

Amended Final Scope Ruling

    In accordance with the CIT's July 12, 2021, final judgment, 
Commerce is amending its Final Scope Ruling and finds that the scope of 
the AD order on nails from China does not cover the products addressed 
in the Final Scope Ruling.

Liquidation of Suspended Entries

    Commerce will instruct U.S. Customs and Border Protection (CBP) 
that, pending any appeals, Fastenal's zinc and nylon anchors will not 
be subject to a cash deposit requirement. In the event that the CIT's 
final judgment is not appealed or is upheld on appeal, Commerce will 
instruct CBP to liquidate entries of Fastenal's zinc and nylon anchors 
without regard to antidumping duties and to lift suspension of 
liquidation of such entries.

Notification to Interested Parties

    This notice is issued and published in accordance with sections 
516A(c) and (e) of the Act.

    Dated: July 16, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2021-15584 Filed 7-21-21; 8:45 am]
BILLING CODE 3510-DS-P