43994 Federal Register / Vol. 86, No. 152 / Wednesday, August 11, 2021 / Notices 

1See Memorandum, ‘‘Final Scope Ruling on 

Simpson Strong-Tie Company’s Anchors,’’ dated 

December 1, 2017 (Final Scope Ruling). 

2See OMG, Inc. v. United States, 972 F.3d 1358 

(Fed. Cir. 2020). 

3See Simpson Strong-Tie Co. v. United States, 

Court No. 17–00287, ECF No. 50 (CIT November 18, 

2020). 

4See Final Results of Redetermination Pursuant 

to Simpson Strong-Tie Co. v. United States, Court 

No. 17–00287, ECF No. 50 (CIT November 18, 

2020), dated February 16, 2021. 

5See Simpson Strong-Tie Co. v. United States, 

Slip Op. 21–95, Court No. 17–00269 (CIT 2021). 

6See Timken Co. v. United States, 893 F.2d 337 

(Fed. Cir. 1990) (Timken). 

7See Diamond Sawblades Manufacturers 

Coalition v. United States, 626 F.3d 1374 (Fed. Cir. 

2010) (Diamond Sawblades). 

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 August 3, 2021, the U.S. 

Court of International Trade (CIT) 

issued its final judgment in Simpson 

Strong-Tie Company v. United States, 

Court No. 17–00287, sustaining the 

Department of Commerce (Commerce)’s 

remand redetermination pertaining to a 

scope ruling in which Commerce found 

Simpson Strong-Tie Company’s 

(Simpson’s) split-drive 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 

split-drive anchors are not covered by 

the order. 

DATES: Applicable August 13, 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 December 1, 2017, Commerce 

found Simpson’s split-drive anchors, 

which consist of a split shank and a 

blunt tip, to be within the scope of the 

AD order on nails from China.1

Simpson appealed Commerce’s Final 

Scope Ruling. On June 12, 2019, and 

July 22, 2019, the CIT stayed the case 

pending a final and conclusive 

determination from the U.S. Court of 

Appeals for the Federal Circuit (CAFC) 

in a case involving a similar product. 

On August 28, 2020, the CAFC issued a 

final ruling that case.2 In light of the 

CAFC’s decision, Commerce requested 

that the CIT remand this matter for 

further consideration. On November 18, 

2020, the CIT remanded the Final Scope 

Ruling to Commerce.3

In its final remand redetermination, 

issued in February 2021, Commerce 

found Simpson’s split-drive anchors to 

be outside the scope of the AD order 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 sections 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 

August 3, 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 August 

3, 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, Simpson’s splitdrive 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 Simpson’s split-drive 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: August 5, 2021. 

Christian Marsh, 

Acting Assistant Secretary for Enforcement 

and Compliance. 

[FR Doc. 2021–17095 Filed 8–10–21; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XB215] 

Magnuson-Stevens Fishery 

Conservation and Management Act; 

General Provisions for Domestic 

Fisheries; Application for Exempted 

Fishing Permit 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; request for comments. 

SUMMARY: NMFS has determined that 

seven exempted fishing permit (EFP) 

applications warrant further 

consideration and is requesting public 

comment on the applications. All EFP 

applicants request an exemption from a 

single prohibition (the use of 

unauthorized gear to harvest highly 

migratory species (HMS)) under the 

Fishery Management Plan for U.S. West 

Coast Fisheries for Highly Migratory 

Species (HMS FMP) to test the effects 

and efficacy of using standard deep-set 

buoy gear (DSBG), and/or deep-set 

linked buoy gear (DSLBG), to harvest 

swordfish and other HMS off of the U.S. 

West Coast. 

DATES: Comments must be submitted in 

writing by September 10, 2021. 

ADDRESSES: You may submit comments 

on this document, identified by NOAA– 

NMFS–2020–0070, by any of the 

following methods: 

• Electronic Submission: Submit all 

electronic public comments via the 

Federal e-Rulemaking Portal. Go to 

https://www.regulations.gov and enter 

NOAA–NMFS–2020–0070, in the 

Search box. Click on the ‘‘Comment’’ 

icon, complete the required fields, and 

enter or attach your comments. 

• Mail: Attn: Chris Fanning, NMFS 

West Coast Region, 501 W Ocean Blvd., 

Suite 4200, Long Beach, CA 90802. 

Include the identifier ‘‘NOAA–NMFS– 

2020–0070’’ in the comments. 

• Email: wcr.hms@noaa.gov. 

Instructions: Comments sent by any 

other method, to any other address or 

individual, or received after the end of 

the comment period, may not be 

considered by NMFS. All comments 

received are a part of the public record 


jbell on DSKJLSW7X2PROD with NOTICES