[Federal Register Volume 86, Number 139 (Friday, July 23, 2021)]
[Notices]
[Pages 38979-38980]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-15741]


-----------------------------------------------------------------------

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 Midwest Fastener Corp. v. United States, 
Court No. 17-00231, sustaining the Department of Commerce's 
(Commerce's) remand redetermination pertaining to a scope ruling in 
which Commerce found Midwest Fastener Corp. (Midwest)'s strike pin 
anchors to be outside the scope of the antidumping duty (AD) order on 
certain steel nails from the People's Republic of 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 Midwest's strike pin 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.

SUPPLEMENTARY INFORMATION:

[[Page 38980]]

Background

    On August 2, 2017, Commerce found Midwest's strike pin anchors, 
which consist of four components--a steel pin, a threaded body, a nut, 
and a flat washer--to be within the scope of the AD order on certain 
steel nails from the People's Republic of 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 Midwest Fastener Strike Pin Anchors,'' dated August 
2, 2017 (Final Scope Ruling); see also Notice of Antidumping Duty 
Order: Certain Steel Nails from the People's Republic of China, 73 
FR 44961 (August 1, 2008) (Order).
---------------------------------------------------------------------------

    Midwest appealed Commerce's Final Scope Ruling. On October 19, 
2018, the CIT remanded Commerce's scope ruling to Commerce for further 
consideration.\2\ On April 25, 2019, Commerce issued its First Remand 
Redetermination, determining that the ``pin'' portion ``of the product 
is subject to the {Order{time} , while the additional pieces, i.e., the 
outer-body anchor, hex nut, and washer anchor, would not be subject.'' 
\3\
---------------------------------------------------------------------------

    \2\ See Midwest Fastener Corp., v. United States, 348 F. Supp. 
3d 1297 (CIT October 19, 2018).
    \3\ See Final Results of Redetermination Pursuant to Court 
Remand (First Remand Redetermination), Midwest Fastener Corp., v. 
United States Court, No. 17-00231, Slip Op. 18-142 (CIT October 19, 
2018) (First Remand Redetermination).
---------------------------------------------------------------------------

    On March 4, 2020, the CIT again remanded Commerce's scope 
determination.\4\ Pursuant to the Second Remand Order, on June 17, 
2020, Commerce issued its Second Remand Redetermination, finding that 
Midwest's strike pin anchors, in their entirety, are covered by the 
scope of the Order.\5\
---------------------------------------------------------------------------

    \4\ See Midwest Fastener Corp., v. United States, 435 F. Supp. 
3d 1262 (CIT March 4, 2020) (Second Remand Order).
    \5\ See Final Results of Redetermination Pursuant to Court 
Remand, Midwest Fastener Corp., v. United States, Court No. 17-
00231, Slip Op. 20-28 (CIT March 4, 2020) (Second Remand 
Redetermination).
---------------------------------------------------------------------------

    On August 28, 2020, the U.S. Court of Appeals for the Federal 
Circuit (CAFC) issued its final decision in OMG.\6\ In light of the 
CAFC's decision, on January 21, 2021, the CIT remanded the Final Scope 
Ruling to Commerce.\7\
---------------------------------------------------------------------------

    \6\ See OMG, Inc. v. United States, 972 F.3d 1358 (Fed. Cir. 
2020) (OMG).
    \7\ See Midwest Fastener Corp., v. United States, 494 F. Supp. 
3d 1335 (CIT January 21, 2021).
---------------------------------------------------------------------------

    In its final remand redetermination, issued in March 2021, Commerce 
found Midwest's strike pin anchors to be outside the scope of the 
Order.\8\ The CIT sustained Commerce's final redetermination.\9\
---------------------------------------------------------------------------

    \8\ See Final Results of Redetermination Pursuant to Midwest 
Fastener Corp., v. United States, Court No. 17-00231, Slip Op. 21-07 
(CIT January 21, 2021), dated March 23, 2021.
    \9\ See Midwest Fastener Corp., v. United States, Slip Op. 21-
86, Court No. 17-00231 (CIT July 12, 2021).
---------------------------------------------------------------------------

Timken Notice

    In its decision in Timken,\10\ as clarified by Diamond 
Sawblades,\11\ 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 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.
---------------------------------------------------------------------------

    \10\ See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 
1990) (Timken).
    \11\ 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 order 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, Midwest's strike pin 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 
Midwest's strike pin anchors without regard to antidumping duties and 
to lift suspension of liquidation of such entries.
    At this time, Commerce remains enjoined by CIT from liquidating 
entries included in the scope of the Order by the Final Scope Ruling. 
These entries will remain enjoined pursuant to the terms of the 
injunction during the pendency of any appeals process.

Notification to Interested Parties

    This notice is issued and published in accordance with sections 
516A(c) and (e) of the Act.

    Dated: July 19, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2021-15741 Filed 7-22-21; 8:45 am]
BILLING CODE 3510-DS-P