Notice2021-26552
Notice of Scope Rulings
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
December 8, 2021
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) hereby publishes a list of scope rulings and anti-circumvention determinations made during the period July 1, 2021, through September 30, 2021. We intend to publish future lists after the close of the next calendar quarter.
Full Text
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<title>Federal Register, Volume 86 Issue 233 (Wednesday, December 8, 2021)</title>
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[Federal Register Volume 86, Number 233 (Wednesday, December 8, 2021)]
[Notices]
[Pages 69619-69620]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-26552]
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DEPARTMENT OF COMMERCE
International Trade Administration
Notice of Scope Rulings
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Applicable December 8, 2021.
SUMMARY: The Department of Commerce (Commerce) hereby publishes a list
of scope rulings and anti-circumvention determinations made during the
period July 1, 2021, through September 30, 2021. We intend to publish
future lists after the close of the next calendar quarter.
FOR FURTHER INFORMATION CONTACT: Marcia E. Short, AD/CVD Operations,
Customs Liaison Unit, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: 202-482-1560.
SUPPLEMENTARY INFORMATION:
Background
Commerce regulations provide that it will publish in the Federal
Register a list of scope rulings on a quarterly basis.\1\ Our most
recent notification of scope rulings was published on August 25,
2021.\2\ This current notice covers all scope rulings and anti-
circumvention determinations made by Enforcement and Compliance between
July 1, 2021 and September 30, 2021.
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\1\ See 19 CFR 351.225(o).
\2\ See Notice of Scope Rulings, 86 FR 47476 (August 25, 2021).
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Scope Rulings Made July 1, 2021, Through September 30, 2021
India
A-533-885 and C-533-886: Polyester Textured Yarn From India
Requestor: AYM Syntex Ltd. Flat bulk continuous filament (BCF) yarn
produced from polybutylene terephthalate (PBT) is outside the scope of
the antidumping duty (AD) and countervailing duty (CVD) orders on
polyester textured yarn from India based on the plain language of the
scope, which states that subject merchandise consists of ``synthetic
multifilament yarn'' that is manufactured from polyester (polyethylene
terephthalate); September 15, 2021.
People's Republic of China (China)
A-570-067 and C-570-068: Forged Steel Fittings From China
Requestor: Midwest Diversified Technologies, Inc. Fifteen self-
drilling anchor bolt systems couplers are not covered by the scope of
the AD and CVD orders on forged steel fittings from China because they
are not designed to connect pipes and cannot convey fluid at high
pressure; July 1, 2021.
A-570-090 and C-570-091: Certain Steel Wheels 12 to 16.5 Inches in
Diameter From China
Requestor: Rimco, Inc. (Rimco). Rimco's passenger vehicle wheel
model number X45477 is outside the scope of the AD and CVD orders
because it is physically distinguishable from subject steel wheels
based on: (1) A different hub bore size; (2) a different offset
measurement; and (3) a lower load rating; July 9, 2021.
A-570-084 and C-570-085: Quartz Surface Products From China
Requestor: SMA Surfaces, Inc. SMA Surfaces' crushed glass products
are covered by the scope of the AD and CVD orders on quartz surface
products from China because they do not meet the language of the
crushed glass scope exclusion; July 15, 2021.
A-570-831: Garlic From China
Requestor: Trinity Distribution Inc. (Trinity). Based on our
analysis of Trinity's Request, and in accordance with 19 CFR 351.225(d)
and 351.225(k)(1), we determined that Trinity's individually quick
frozen (IQF) garlic cloves from China are within the scope of the AD
order; July 21, 2021.
A-570-909: Certain Steel Nails From China
Requestor: Fastenal Company Purchasing (Fastenal). Fastenal's zinc
and nylon masonry anchors, which consist of a zinc, steel, or nylon
body component and a steel pin component, are outside the scope of the
AD order. Consistent with the U.S. Court of Appeals for the Federal
Circuit's reasoning in OMG, Inc. v. United States, we find that
Fastenal's masonry anchors are unitary articles of commerce, and that
they are not nails because they require pre-drilled holes for
installation. This is a revision, based on litigation, to our previous
scope ruling. See 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, 86
FR 38675 (July 22, 2021).
A-570-909: Certain Steel Nails From China
Requestor: Midwest Fastener Corp. (Midwest). Midwest's strike pin
anchors, which consist of four components--a steel pin, a threaded
body, a nut, and a flat washer--are outside the scope of the AD order.
Consistent with the U.S. Court of Appeals for the Federal Circuit's
reasoning in OMG, Inc. v. United States, we find that Midwest's anchors
are unitary articles of commerce, and that they are not nails because
they require pre-drilled holes for installation. This is a revision,
based on litigation, to our previous scope ruling. See 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, 86 FR 38979 (July 23, 2021).
A-570-831: Garlic From China
Requestor: Trinity Distribution Inc. (Trinity). In accordance with
19 CFR 351.225(d) and 351.225(k)(1), we determined that Trinity's
individually quick frozen (IQF) \1/8\-inch diced garlic and IQF garlic
puree, are not within the scope of the AD order; July 22, 2021.
[[Page 69620]]
A-570-952 and C-570-953: Narrow Woven Ribbons With Woven Selvedge From
China
Requestor: D&F Consolidated, Inc., DBA Car-Mel Products Inc. Three
label tapes are covered by the scope of the AD and CVD orders on narrow
woven ribbon with woven selvedge from China because they meet the
physical specifications outlined by the scope and do not qualify for an
exclusion; July 27, 2021.
A-570-909: Certain Steel Nails From China
Requestor: Simpson Strong-Tie Company (Simpson). Simpson's split-
drive masonry anchors are outside the scope of the AD order. Consistent
with the U.S. Court of Appeals for the Federal Circuit's reasoning in
OMG, Inc. v. United States, we find that Simpson's masonry anchors are
not nails because the anchors require pre-drilled holes for
installation. This is a revision, based on litigation, to our previous
scope ruling. See 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, 86
FR 43994 (August 11, 2021).
A-570-909: Certain Steel Nails From China
Requestor: Simpson Strong-Tie Company (Simpson). Simpson's crimp
drive anchors are outside the scope of the AD order. Consistent with
the U.S. Court of Appeals for the Federal Circuit's reasoning in OMG,
Inc. v. United States, we find that Simpson's masonry anchors are not
nails because the anchors require pre-drilled holes for installation.
This is a revision, based on litigation, to our previous scope ruling.
See 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, 86 FR 43993
(August 11, 2021).
A-570-073 and C-570-074: Common Alloy Aluminum Sheet From China
Requestor: Sunbeam Products Inc. Stamped circular disc blanks are
not covered by the scope of the AD and CVD orders on common alloy
aluminum sheet from China because stamped circular disc blanks are
stamped or punched from aluminum sheet in China, are in non-rectangular
shapes and are no longer in coils or cut-to-length sheets when exported
from China, and the punching of these stamped circular disc blanks has
the functional purpose of preparing the discs to be pressed into
circular vessels such as pots and pans; August 20, 2021.
A-570-108 and C-570-109: Ceramic Tile From China
Requestor: Maryland Mosaics, LLC. Decorative ceramic tile mosaic
pieces in heart, star, circle, and petal shapes are covered by the
scope of the AD and CVD orders on ceramic tile from China because they
are tiles made from porcelain and fall within the tile sizes covered by
the scope; August 31, 2021.
A-570-117 and C-570-118: Wood Mouldings and Millwork Products From
China
Requestor: Greenbrier International, Inc. and Family Dollar
Services, LLC. Craft dowels are covered by the scope of the AD and CVD
orders on wood mouldings and millwork products from China because they
are dowels made of wood and continuously shaped; September 7, 2021.
Notification to Interested Parties
Interested parties are invited to comment on the completeness of
this list of completed scope inquiries and anti-circumvention
determinations made during the period July 1, 2021 through September
30, 2021. Any comments should be submitted to the Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations,
Enforcement and Compliance, International Trade Administration, via
email to <a href="/cdn-cgi/l/email-protection#53103c3e3e36213036101f061327213237367d343c25"><span class="__cf_email__" data-cfemail="6f2c0002020a1d0c0a2c233a2f1b1d0e0b0a41080019">[email protected]</span></a>.
This notice is published in accordance with 19 CFR 351.225(o).
Dated: December 2, 2021.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
[FR Doc. 2021-26552 Filed 12-7-21; 8:45 am]
BILLING CODE 3510-DS-P
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