[Federal Register Volume 77, Number 151 (Monday, August 6, 2012)]
[Notices]
[Pages 46686-46687]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-19298]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-909]


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

SUMMARY: On July 25, 2012, the United States Court of International 
Trade (``CIT'') sustained the Department of Commerce's (``Department'') 
results of redetermination, which construed the scope of the Order \1\ 
as including steel nails found within Target Corporation's toolkits 
from the People's Republic of China (``PRC''), pursuant to the CIT's 
remand order in Mid Continent Nail Corp. v. United States, Slip Op. 12-
31, Court No. 10-00247 (March 7, 2012) (``Mid Continent II''). See May 
14, 2012 ``Final Results of Second Remand Redetermination Pursuant To 
Remand Order'' (second remand redetermination); Mid Continent Nail 
Corp. v. United States, Slip Op. 12-97, Court No. 10-00247 (July 25, 
2012) (``Mid Continent III''). Consistent with the decision of the 
United States Court of Appeals for the Federal Circuit (``CAFC'') in 
Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 1990) 
(``Timken''), as clarified by Diamond Sawblades Mfrs. Coalition v. 
United States, 626 F.3d 1374 (Fed. Cir. 2010) (``Diamond Sawblades''), 
the Department is notifying the public that the final judgment in this 
case is not in harmony with the Department's final scope ruling and is 
amending its final scope ruling on certain steel nails from the PRC 
contained within toolkits. See Final Scope Ruling: Certain Steel Nails 
from the People's Republic of China, Request by Target Corporation, 
Memorandum from James C. Doyle, Director Office 9, to Edward C. Yang, 
Acting Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations, dated August10, 2010 (``Final Scope Ruling'').
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    \1\ Notice of Antidumping Duty Order: Certain Steel Nails from 
the People's Republic of China, 73 FR 44961 (August 1, 2008) 
(``Order'').

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DATES: Effective Date: August 4, 2012.

FOR FURTHER INFORMATION CONTACT: Jamie Blair-Walker, Office 9, Import 
Administration, International Trade Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue NW., Washington, DC 
20230; telephone: (202) 482-2615.

SUPPLEMENTARY INFORMATION: On August 10, 2010, the Department issued a 
final scope ruling on toolkits from the PRC

[[Page 46687]]

imported by Target Corporation. See Final Scope Ruling. In the Final 
Scope Ruling, the Department found that steel nails within Target's 
toolkits from the PRC were not covered by the Order because the 
toolkits themselves did not meet the description of subject 
merchandise. See Final Scope Ruling.
    In Mid Continent Nail Corp. v. United States, 770 F. Supp. 2d 1372 
(CIT 2011) (``Mid Continent I''), the CIT remanded the Final Scope 
Ruling to Commerce to articulate a test it would apply consistently to 
determine the proper focus of a mixed-media scope ruling and to 
identify its legal authority to do so. See Mid Continent I, 770 F. 
Supp. 2d at 1383. Commerce then issued a remand redetermination finding 
that, pursuant to a mixed-media analysis, the toolkits were not subject 
to the Order. See Final Results of Redetermination Pursuant to Remand 
Order in Mid Continent Nail Corporation v. United States and Target 
Corporation, dated October 17, 2011 (first remand redetermination).
    In Mid Continent II, the CIT again remanded to Commerce, ordering 
the Department to issue a scope determination that construes the scope 
of the Order as including the steel nails found within Target 
Corporation's toolkits. See Mid Continent II, at 11. On May 14, 2012, 
the Department issued its second remand redetermination pursuant to Mid 
Continent II. Pursuant to the remand order in Mid Continent II, under 
protest, we construed the scope of the Order as including the steel 
nails found within toolkits, including those imported by Target 
Corporation. The CIT sustained the Department's remand redetermination 
on July 25, 2012. See Mid Continent III.

Timken Notice

    In its decision in Timken, 893 F.2d at 341, as clarified by Diamond 
Sawblades, the CAFC has held that, pursuant to section 516A(e) of the 
Act, the Department must publish a notice of a court decision that is 
not ``in harmony'' with a Department determination and must suspend 
liquidation of entries pending a ``conclusive'' court decision. The 
CIT's July 25, 2012, judgment sustaining the Department's second remand 
redetermination construing the scope of the Order as including the 
steel nails found within toolkits (including those imported by Target 
Corporation), constitutes a final decision of that court that is not in 
harmony with the Department's Final Scope Ruling. This notice is 
published in fulfillment of the publication requirements of Timken.

Amended Final Scope Ruling

    Because there is now a final court decision with respect to steel 
nails found within Target Corporation's toolkits from the PRC, the 
Department amends its final scope ruling and now finds that the scope 
of the Order includes steel nails found within toolkits, including 
those imported by Target Corporation. Accordingly, the Department will 
issue revised instructions to U.S. Customs and Border Protection if the 
Court's decision is not appealed or if it is affirmed on appeal.
    This notice is issued and published in accordance with sections 
516A(c)(1) of the Tariff Act of 1930, as amended.

    Dated: August 1, 2012.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2012-19298 Filed 8-3-12; 8:45 am]
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