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Federal Register / Vol. 86, No. 152 / Wednesday, August 11, 2021 / Notices
DEPARTMENT OF COMMERCE
International Trade Administration A570909

Certain Steel Nails From the Peoples 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 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. 1700287, sustaining the Department of Commerce Commerces remand redetermination pertaining to a scope ruling in which Commerce found Simpson Strong-Tie Companys Simpsons split-drive anchors to be outside the scope of the antidumping duty AD order on certain steel nails nails from the Peoples Republic of China China. Commerce is notifying the public that the CITs final judgment is not in harmony with Commerces 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 4822517.
AGENCY:

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Background On December 1, 2017, Commerce found Simpsons 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
Simpson appealed Commerces 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 CAFCs decision, Commerce requested that the CIT remand this matter for further consideration. On November 18, 1 See Memorandum, Final Scope Ruling on Simpson Strong-Tie Companys Anchors, dated December 1, 2017 Final Scope Ruling.
2 See OMG, Inc. v. United States, 972 F.3d 1358
Fed. Cir. 2020.

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2020, the CIT remanded the Final Scope Ruling to Commerce.3
In its final remand redetermination, issued in February 2021, Commerce found Simpsons split-drive anchors to be outside the scope of the AD order on nails from China.4 The CIT sustained Commerces final redetermination.5

Dated: August 5, 2021.
Christian Marsh, Acting Assistant Secretary for Enforcement and Compliance.
FR Doc. 202117095 Filed 81021; 8:45 am BILLING CODE 3510DSP

DEPARTMENT OF COMMERCE

Timken Notice In its decision in Timken,6 as clarified by Diamond Sawblades,7 the CAFC held that, pursuant to sections 516Ac 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 CITs August 3, 2021, judgment constitutes a final decision of the CIT that is not in harmony with Commerces Final Scope Ruling. Thus, this notice is published in fulfillment of the publication requirements of Timken.
Amended Final Scope Ruling In accordance with the CITs 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, Simpsons splitdrive anchors will not be subject to a cash deposit requirement. In the event that the CITs final judgment is not appealed or is upheld on appeal, Commerce will instruct CBP to liquidate entries of Simpsons 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 516Ac and e of the Act.
3 See Simpson Strong-Tie Co. v. United States, Court No. 1700287, ECF No. 50 CIT November 18, 2020.
4 See Final Results of Redetermination Pursuant to Simpson Strong-Tie Co. v. United States, Court No. 1700287, ECF No. 50 CIT November 18, 2020, dated February 16, 2021.
5 See Simpson Strong-Tie Co. v. United States, Slip Op. 2195, Court No. 1700269 CIT 2021.
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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National Oceanic and Atmospheric Administration RTID 0648XB215

Magnuson-Stevens Fishery Conservation and Management Act;
General Provisions for Domestic Fisheries; Application for Exempted Fishing Permit National Marine Fisheries Service NMFS, National Oceanic and Atmospheric Administration NOAA, Commerce.
ACTION: Notice; request for comments.
AGENCY:

NMFS has determined that seven exempted fishing permit EFP
applications warrant further consideration and is requesting public comment on the applications. All EFP
applicants request an exemption from a single prohibition the use of unauthorized gear to harvest highly migratory species HMS under the Fishery Management Plan for U.S. West Coast Fisheries for Highly Migratory Species HMS FMP to test the effects and efficacy of using standard deep-set buoy gear DSBG, and/or deep-set linked buoy gear DSLBG, to harvest swordfish and other HMS off of the U.S.
West Coast.
DATES: Comments must be submitted in writing by September 10, 2021.
ADDRESSES: You may submit comments on this document, identified by NOAA
NMFS20200070, by any of the following methods:
Electronic Submission: Submit all electronic public comments via the Federal e-Rulemaking Portal. Go to https www.regulations.gov and enter NOAANMFS20200070, in the Search box. Click on the Comment icon, complete the required fields, and enter or attach your comments.
Mail: Attn: Chris Fanning, NMFS
West Coast Region, 501 W Ocean Blvd., Suite 4200, Long Beach, CA 90802.
Include the identifier NOAANMFS
20200070 in the comments.
Email: wcr.hms@noaa.gov.
Instructions: Comments sent by any other method, to any other address or individual, or received after the end of the comment period, may not be considered by NMFS. All comments received are a part of the public record SUMMARY:

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