Notice2021-17095
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
August 11, 2021
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
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.
Full Text
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<title>Federal Register, Volume 86 Issue 152 (Wednesday, August 11, 2021)</title>
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[Federal Register Volume 86, Number 152 (Wednesday, August 11, 2021)]
[Notices]
[Page 43994]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-17095]
[[Page 43994]]
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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\
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\1\ See Memorandum, ``Final Scope Ruling on Simpson Strong-Tie
Company's Anchors,'' dated December 1, 2017 (Final Scope Ruling).
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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\
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\2\ See OMG, Inc. v. United States, 972 F.3d 1358 (Fed. Cir.
2020).
\3\ See Simpson Strong-Tie Co. v. United States, Court No. 17-
00287, ECF No. 50 (CIT November 18, 2020).
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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\
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\4\ See 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.
\5\ See Simpson Strong-Tie Co. v. United States, Slip Op. 21-95,
Court No. 17-00269 (CIT 2021).
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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.
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\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).
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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 split-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 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
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