Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Commerce

###### International Trade Administration

          - [A-570-909]

# 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] 

                        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] 

                        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                               ( print page 38676)                            on nails from China.[4]                                                  The CIT sustained Commerce's final redetermination.[5] 

## 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.*

## 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.

# Footnotes

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*).                        
        Back to Citation      

2.                                                             *See OMG, Inc.*                             v.                             *United States,*                             972 F.3d 1358 (Fed. Cir. 2020) (                            *OMG*).                        
        Back to Citation      

3.                                                             *See Fastenal Company Purchasing*                             v.                             *United States,*                             Court No. 17-00269, ECF No. 41 (CIT November 12, 2020).                        
        Back to Citation      

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.                        
        Back to Citation      

5.                                                             *See Fastenal Company Purchasing*                             v.                             *United States,*                             Slip Op. 21-85, Court No. 17-00269 (CIT 2021).                        
        Back to Citation      

6.                                                             *See Timken Co.*                             v.                             *United States,*                             893 F.2d 337 (Fed. Cir. 1990) (                            *Timken*).                        
        Back to Citation      

7.                                 See                             *Diamond Sawblades Manufacturers Coalition*                             v. United States, 626 F.3d 1374 (Fed. Cir. 2010) (                            *Diamond Sawblades*).                        
        Back to Citation      

[FR Doc. 2021-15584 Filed 7-21-21; 8:45 am]

BILLING CODE 3510-DS-P