Federal Register / Vol. 86, No. 152 / Wednesday, August 11, 2021 / Notices 43993 

1See Memorandum, ‘‘Antidumping Duty Order 

on Certain Steel Nails from the People’s Republic 

of China: Final Scope Ruling on Simpson StrongTie Company’s ‘‘Crimp Drive’’ Anchors,’’ dated 

March 6, 2018 (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. 18–00062, ECF No. 45 (CIT November 18, 

2020). 

4See Final Results of Redetermination Pursuant 

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

No. 18–00062, ECF No. 45 (CIT November 18, 

2020), dated February 16, 2021. 

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

Slip Op. 21–96, Court No. 18–00062 (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). 

1. Akulurak LLC, Seattle, WA; 

2. Alaskan Leader Fisheries LLC, 

Lynden, WA; 

3. Alaskan Leader Seafoods LLC, 

Lynden, WA; 

4. Alaskan Leader Vessel LLC, 

Lynden, WA; 

5. Aleutian Longline, LLC, Seattle, 

WA; 

6. Aleutian Spray Fisheries, Inc., 

Seattle, WA; 

7. Beauty Bay Washington, LLC, 

Bothell, WA; 

8. Bering Leader Fisheries LLC, 

Lynden, WA; 

9. Bristol Leader Fisheries LLC, 

Lynden, WA; 

10. Bristol Wave Seafoods, LLC, 

Seattle, WA; 

11. Coastal Alaska Premier Seafoods, 

LLC, Anchorage, AK; 

12. Coastal Villages Longline LLC, 

Anchorage, AK; 

13. Deep Sea Fisheries, Inc., Everett, 

WA; 

14. Gulf Mist, Inc., Everett, WA; 

15. Gulf Prowler, LLC, Juneau, AK; 

16. Kodiak Leader Fisheries LLC, 

Lynden, WA; 

17. Northern Leader Fisheries LLC, 

Lynden, WA; 

18. Romanzof Fishing Company, 

L.L.C., Seattle, WA; 

19. Shelford’s Boat, Ltd., Mill Creek, 

WA; 

20. Siu Alaska Corporation, 

Anchorage, AK; 

21. Starfish Reverse, LLC, Seattle, 

WA; 

22. Tatoosh Seafoods, LLC, Kingston, 

WA. 

Dated: August 6, 2021. 

Joseph Flynn, 

Director, Office of Trade and Economic 

Analysis, International Trade Administration, 

U.S. Department of Commerce. 

[FR Doc. 2021–17146 Filed 8–10–21; 8:45 am] 

BILLING CODE 3510–DR–P 

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. 18–00062, 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) crimp 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 

crimp 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. 

SUPPLEMENTARY INFORMATION: 

Background 

On March 6, 2018, Commerce found 

Simpson’s crimp drive anchors, which 

consist of a one-piece expansion anchor, 

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 crimp 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 crimp 

drive 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 crimp 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. 2021–17096 Filed 8–10–21; 8:45 am] 

BILLING CODE 3510–DS–P 


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