Notice2021-15584
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
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 22, 2021
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
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.
Full Text
<html>
<head>
<title>Federal Register, Volume 86 Issue 138 (Thursday, July 22, 2021)</title>
</head>
<body><pre>
[Federal Register Volume 86, Number 138 (Thursday, July 22, 2021)]
[Notices]
[Pages 38675-38676]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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
</pre></body>
</html>Indexed from Federal Register on July 22, 2021.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.