Certain Steel Nails From the Socialist Republic of Vietnam: Notice of Court Decision Not in Harmony With Final Scope Ruling and Notice of Amended Final Scope Ruling Pursuant to Court Decision, 25237-25238 [2019-11397]
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Federal Register / Vol. 84, No. 105 / Friday, May 31, 2019 / Notices
the following firms: Hindustan Inox
Limited (Hindustan) and Bhandari Foils
& Tubes Ltd (Bhandari).2 Based on these
requests, on February 6, 2019, in
accordance with section 751(a) of the
Tariff Act of 1930, as amended (the Act),
Commerce published in the Federal
Register a notice of initiation of an
administrative review covering the
period November 1, 2017, through
October 31, 2018.3 On February 7, 2019,
Hindustan submitted a timely request to
withdraw its request for administrative
review.4 On February 12, 2019,
Bhandari submitted a timely request to
withdraw its request for administrative
review.5
Rescission of Review
Pursuant to 19 CFR 351.213(d)(1), the
Secretary will rescind an administrative
review, in whole or in part, if the party
or parties who requested the review
withdraw(s) the request within 90 days
of the date of publication of the notice
of initiation of the requested review.
Hindustan and Bhandari timely
withdrew their requests for an
administrative review, and no other
party requested a review of these
companies. As Hindustan and Bhandari
are the only two firms upon which
Commerce initiated the instant review,
we are rescinding this review in its
entirety, pursuant to 19 CFR
351.213(d)(1).
khammond on DSKBBV9HB2PROD with NOTICES
Assessment
Commerce will instruct U.S. Customs
and Border Protection (CBP) to assess
antidumping duties on all appropriate
2 See Hindustan’s letter, ‘‘Welded Stainless
Pressure Pipe from India: Request for
Administrative Review of Anti-Dumping Duty of
Hindustan Inox Limited,’’ dated November 30,
2018; and Bhandari’s letter, ‘‘Welded Stainless
Pressure Pipe from India: Request for
Administrative Review of Anti-Dumping Duty of
Bhandari Foils & Tubes Ltd.,’’ dated November 30,
2018.
3 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 84 FR
2159 (February 6, 2019) (Initiation Notice).
Commerce exercised its discretion to toll all
deadlines affected by the partial federal government
closure from December 22, 2018, through the
resumption of operations on January 29, 2019. See
memorandum to the Record from Gary Taverman,
Deputy Assistant Secretary for Antidumping and
Countervailing Duty Operations, performing the
non-exclusive functions and duties of the Assistant
Secretary for Enforcement and Compliance,
‘‘Deadlines Affected by the Partial Shutdown of the
Federal Government,’’ dated January 28, 2019.
Accordingly, the Initiation Notice was issued once
operations resumed.
4 See Hindustan’s letter, ‘‘Welded Stainless
Pressure Pipe from India: Withdrawal of Request for
Administrative Review of Anti-Dumping Duty of
Hindustan Inox Limited.,’’ dated February 7, 2019.
5 See Bhandari’s letter, ‘‘Welded Stainless
Pressure Pipe from India: Withdrawal of Request for
Antidumping Duty Admin Review of Bhandari
Foils & Tubes Ltd.,’’ dated February 12, 2019.
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16:42 May 30, 2019
Jkt 247001
entries of welded stainless pressure pipe
at rates equal to the cash deposit of
estimated antidumping duties required
at the time of entry, or withdrawal from
warehouse, for consumption, in
accordance with 19 CFR
351.212(c)(1)(i). Commerce intends to
issue appropriate assessment
instructions to CBP 15 days after the
publication of this notice in the Federal
Register, if appropriate.
DEPARTMENT OF COMMERCE
Notification to Importers
AGENCY:
This notice serves as a final reminder
to importers of their responsibility
under 19 CFR 351.402(f)(2) to file a
certificate regarding the reimbursement
of antidumping and/or countervailing
duties prior to liquidation of the
relevant entries during this review
period. Failure to comply with this
requirement could result in Commerce’s
presumption that reimbursement of the
antidumping and/or countervailing
duties occurred and the subsequent
assessment of doubled antidumping
duties.
Notification Regarding Administrative
Protective Order
This notice serves as a final reminder
to parties subject to an administrative
protective order (APO) of their
responsibility concerning the return or
destruction of proprietary information
disclosed under an APO in accordance
with 19 CFR 351.305, which continues
to govern business proprietary
information in this segment of the
proceeding. Timely written notification
of the return/destruction of APO
materials or conversion to judicial
protective order is hereby requested.
Failure to comply with the regulations
and terms of an APO is a violation
which is subject to sanction.
This notice is issued and published in
accordance with sections 751(a)(1) and
777(i)(1) of the Act, and 19 CFR
351.213(d)(4).
Dated: April 16, 2019.
Gary Taverman,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2019–11399 Filed 5–30–19; 8:45 am]
BILLING CODE 3510–DS–P
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25237
International Trade Administration
[A–552–818, C–552–819]
Certain Steel Nails From the Socialist
Republic of Vietnam: 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: The Department of Commerce
(Commerce) is notifying the public that
the Court of International Trade’s (CIT)
final judgment in this case is not in
harmony with Commerce’s final scope
ruling. Commerce, therefore, finds that
certain zinc anchors imported by OMG,
Inc. (OMG), are not within the scope of
the antidumping and countervailing
duty orders on certain steel nails from
the Socialist Republic of Vietnam
(Vietnam).
DATES: Applicable May 24, 2019.
FOR FURTHER INFORMATION CONTACT:
Yasmin Bordas at (202) 482–3813, AD/
CVD Operations, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Background
On August 5, 2016, OMG, an importer
of zinc anchors, filed a request with
Commerce for a scope ruling that its
zinc anchors should be excluded from
the scope of the antidumping and
countervailing duty Orders 1 on certain
steel nails from Vietnam.2 OMG
described the zinc anchors as a unitary
article of commerce consisting of two
parts: (1) A zinc alloy body; and (2) a
zinc plated steel pin.3
On February 6, 2017, Commerce
issued its Final Scope Ruling, in which
it determined that OMG’s zinc anchors
are unambiguously within the scope of
the Orders based upon the plain
meaning of the Orders and the
description of the zinc anchors
contained in OMG’s scope ruling
request and supplemental questionnaire
1 See Certain Steel Nails from the Socialist
Republic of Vietnam: Countervailing Duty Order, 80
FR 41006 (July 14, 2015); Certain Steel Nails from
the Republic of Korea, Malaysia, the Sultanate of
Oman, Taiwan, and the Socialist Republic of
Vietnam: Antidumping Duty Orders, 80 FR 39994
(July 13, 2015) (collectively, the Orders).
2 See ‘‘Certain Steel Nails from the Socialist
Republic of Vietnam: Scope Ruling Request,’’ dated
August 5, 2016.
3 Id. at 3, 23.
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31MYN1
25238
Federal Register / Vol. 84, No. 105 / Friday, May 31, 2019 / Notices
khammond on DSKBBV9HB2PROD with NOTICES
responses.4 Commerce also found that
several factors under 19 CFR
351.225(k)(1)—particularly the petition,
the final report of the International
Trade Commission (ITC), and a prior
scope ruling—further supported
Commerce’s determination that OMG’s
zinc anchors fall within the scope of the
Orders.5 As a result of the Final Scope
Ruling, Commerce instructed U.S.
Customs and Border Protection (CBP) to
continue suspension of liquidation of
entries of OMG’s zinc anchors.6
OMG challenged the Final Scope
Ruling before the CIT, and on May 29,
2018, the CIT remanded Commerce’s
scope ruling.7 In its Remand Order, the
CIT held that OMG’s zinc anchor is not
a ‘‘nail’’ within the plain meaning of the
word and is therefore outside the scope
of the Orders.8 In determining the
definition of a ‘‘nail,’’ the CIT consulted
The American Heritage Dictionary of
the English Language and Webster’s
Third New International Dictionary of
the English Language (Unabridged).9
The CIT held that both of these sources
unambiguously present ‘‘a ‘single
clearly defined or stated meaning {of a
nail}’: A slim, usually pointed object
used as a fastener designed for impact
insertion.’’ 10
The CIT held that although the steel
pin fits the common definition of a nail,
the zinc anchor as a whole, does not.11
According to the CIT, because OMG’s
zinc anchor is a unitary article of
commerce, the entire product, not just a
component part, must fit the definition
of a nail to fall within the scope of the
Orders.12 The CIT concluded that
because OMG’s zinc anchors are
composed of a steel pin and a zinc body,
the entire product is not a nail.13
Additionally, the CIT held that because
the relevant industry classifies anchors
with a steel pin as anchors, not nails,
trade usage further supports the
conclusion that OMG’s zinc anchors are
not nails.14 The CIT remanded the Final
Scope Ruling to Commerce for further
consideration consistent with the CIT’s
4 See Antidumping and Countervailing Duty
Orders on Certain Steel Nails from the Socialist
Republic of Vietnam: Final Scope Ruling on OMG,
Inc.’s Zinc Anchors (Final Scope Ruling), dated
February 6, 2017 at 9–10.
5 Id. at 10.
6 See Message Number 7041303, dated February
10, 2017; see also Message Number 7041301, dated
February 10, 2017.
7 See OMG, Inc. v. United States, Court No. 17–
00036, Slip. Op. 18–63 (CIT 2018) (Remand Order).
8 See Remand Order, Slip Op. 18–63 at 9.
9 Id.
10 Id. at 9–10.
11 Id. at 10.
12 Id.
13 Id.
14 Id. at 10–11.
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opinion.15 The CIT also directed
Commerce to issue appropriate
instructions to CBP regarding the
suspension of liquidation of OMG’s zinc
anchors.16
Pursuant to the CIT’s instructions, on
remand, under protest, Commerce found
that OMG’s zinc anchors do not fall
within the scope of the Orders.17 On
May 14, 2019, the CIT sustained
Commerce’s Final Remand Results.18
Timken Notice
In its decision in Timken,19 as
clarified by Diamond Sawblades,20 the
Court of Appeals for the Federal Circuit
(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 Commerce’s
determination and must suspend
liquidation of entries pending a
‘‘conclusive’’ court decision. The CIT’s
May 14, 2019, judgment in this case,
sustaining Commerce’s decision in the
Final Remand Results that OMG’s zinc
anchors fall outside the scope of the
Orders, constitutes a final decision of
that court that is not in harmony with
the Final Scope Ruling. This notice is
published in fulfillment of the
publication requirements of Timken.
Accordingly, Commerce will continue
the suspension of liquidation of OMG’s
zinc anchors pending expiration of the
period of appeal or, if appealed,
pending a final and conclusive court
decision.
Amended Final Scope Ruling
Because there is now a final court
decision with respect to this case,
Commerce is amending its Final Scope
Ruling and finds that the scope of the
Orders does not cover the zinc anchors
specified in OMG’s Scope Ruling
Request. Commerce will instruct CBP
that the cash deposit rate will be zero
percent for the zinc anchors subject to
OMG’s scope ruling request. In the
event that the CIT’s ruling it not
appealed, or if appealed, upheld by the
CAFC, Commerce will instruct CBP to
liquidate entries of OMG’s zinc anchors
without regard to antidumping and/or
countervailing duties, and to lift
15 Id.
at 11.
16 Id.
17 See Final Results of Redetermination Pursuant
to Court Remand, OMG, Inc. v. United States, Court
No. 17–00036, Slip Op. 18–63 (CIT May 29, 2018),
dated August 27, 2018 (Final Remand Results).
18 See OMG, Inc. v. United States, Court No. 17–
00036, Slip Op. 19–58, No. 17-00036 (CIT 2019).
19 See Timken Co. v. United States, 893 F.2d 337,
341 (Fed. Cir. 1990) (Timken).
20 See Diamond Sawblades Mfrs. Coalition v.
United States, 626 F.3d 1374 (Fed. Cir. 2010)
(Diamond Sawblades).
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suspension of liquidation of such
entries.
Notification to Interested Parties
This notice is issued and published in
accordance with section 516A(e)(1) of
the Act.
Dated: May 23, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2019–11397 Filed 5–30–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–552–802]
Certain Frozen Warmwater Shrimp
From the Socialist Republic of
Vietnam: Partial Rescission of
Antidumping Duty Administrative
Review; 2018–2019
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) is rescinding, in part, the
administrative review of the
antidumping duty order on certain
frozen warmwater shrimp from the
Socialist Republic of Vietnam (Vietnam)
for the period February 1, 2018, through
January 31, 2019.
DATES: Applicable May 31, 2019.
FOR FURTHER INFORMATION CONTACT:
Irene Gorelik, AD/CVD Operations,
Office VIII, Enforcement and
Compliance, International Trade
Administration, Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–6905.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On May 2, 2019, based on timely
requests for review for 107 companies
by the Ad Hoc Shrimp Trade Action
Committee (the petitioner),1 185
companies by the American Shrimp
Processors Association (ASPA),2 and
various Vietnamese companies,3
Commerce published in the Federal
Register a notice of initiation of an
administrative review of the
1 See the Petitioner’s Request for Administrative
Review, dated February 27, 2019.
2 See ASPA’s Request for Administrative Review,
dated February 27, 2019.
3 See, e.g., VASEP’s submission, ‘‘Request for
Administrative Review (02/01/18–01/31/19),’’ dated
February 26, 2019; Soc Trang Seafood Seafood Joint
Stock Company’s ‘‘Request for Review,’’ dated
February 11, 2019.
E:\FR\FM\31MYN1.SGM
31MYN1
Agencies
[Federal Register Volume 84, Number 105 (Friday, May 31, 2019)]
[Notices]
[Pages 25237-25238]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-11397]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-552-818, C-552-819]
Certain Steel Nails From the Socialist Republic of Vietnam:
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: The Department of Commerce (Commerce) is notifying the public
that the Court of International Trade's (CIT) final judgment in this
case is not in harmony with Commerce's final scope ruling. Commerce,
therefore, finds that certain zinc anchors imported by OMG, Inc. (OMG),
are not within the scope of the antidumping and countervailing duty
orders on certain steel nails from the Socialist Republic of Vietnam
(Vietnam).
DATES: Applicable May 24, 2019.
FOR FURTHER INFORMATION CONTACT: Yasmin Bordas at (202) 482-3813, AD/
CVD Operations, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Background
On August 5, 2016, OMG, an importer of zinc anchors, filed a
request with Commerce for a scope ruling that its zinc anchors should
be excluded from the scope of the antidumping and countervailing duty
Orders \1\ on certain steel nails from Vietnam.\2\ OMG described the
zinc anchors as a unitary article of commerce consisting of two parts:
(1) A zinc alloy body; and (2) a zinc plated steel pin.\3\
---------------------------------------------------------------------------
\1\ See Certain Steel Nails from the Socialist Republic of
Vietnam: Countervailing Duty Order, 80 FR 41006 (July 14, 2015);
Certain Steel Nails from the Republic of Korea, Malaysia, the
Sultanate of Oman, Taiwan, and the Socialist Republic of Vietnam:
Antidumping Duty Orders, 80 FR 39994 (July 13, 2015) (collectively,
the Orders).
\2\ See ``Certain Steel Nails from the Socialist Republic of
Vietnam: Scope Ruling Request,'' dated August 5, 2016.
\3\ Id. at 3, 23.
---------------------------------------------------------------------------
On February 6, 2017, Commerce issued its Final Scope Ruling, in
which it determined that OMG's zinc anchors are unambiguously within
the scope of the Orders based upon the plain meaning of the Orders and
the description of the zinc anchors contained in OMG's scope ruling
request and supplemental questionnaire
[[Page 25238]]
responses.\4\ Commerce also found that several factors under 19 CFR
351.225(k)(1)--particularly the petition, the final report of the
International Trade Commission (ITC), and a prior scope ruling--further
supported Commerce's determination that OMG's zinc anchors fall within
the scope of the Orders.\5\ As a result of the Final Scope Ruling,
Commerce instructed U.S. Customs and Border Protection (CBP) to
continue suspension of liquidation of entries of OMG's zinc anchors.\6\
---------------------------------------------------------------------------
\4\ See Antidumping and Countervailing Duty Orders on Certain
Steel Nails from the Socialist Republic of Vietnam: Final Scope
Ruling on OMG, Inc.'s Zinc Anchors (Final Scope Ruling), dated
February 6, 2017 at 9-10.
\5\ Id. at 10.
\6\ See Message Number 7041303, dated February 10, 2017; see
also Message Number 7041301, dated February 10, 2017.
---------------------------------------------------------------------------
OMG challenged the Final Scope Ruling before the CIT, and on May
29, 2018, the CIT remanded Commerce's scope ruling.\7\ In its Remand
Order, the CIT held that OMG's zinc anchor is not a ``nail'' within the
plain meaning of the word and is therefore outside the scope of the
Orders.\8\ In determining the definition of a ``nail,'' the CIT
consulted The American Heritage Dictionary of the English Language and
Webster's Third New International Dictionary of the English Language
(Unabridged).\9\ The CIT held that both of these sources unambiguously
present ``a `single clearly defined or stated meaning {of a
nail{time} ': A slim, usually pointed object used as a fastener
designed for impact insertion.'' \10\
---------------------------------------------------------------------------
\7\ See OMG, Inc. v. United States, Court No. 17-00036, Slip.
Op. 18-63 (CIT 2018) (Remand Order).
\8\ See Remand Order, Slip Op. 18-63 at 9.
\9\ Id.
\10\ Id. at 9-10.
---------------------------------------------------------------------------
The CIT held that although the steel pin fits the common definition
of a nail, the zinc anchor as a whole, does not.\11\ According to the
CIT, because OMG's zinc anchor is a unitary article of commerce, the
entire product, not just a component part, must fit the definition of a
nail to fall within the scope of the Orders.\12\ The CIT concluded that
because OMG's zinc anchors are composed of a steel pin and a zinc body,
the entire product is not a nail.\13\ Additionally, the CIT held that
because the relevant industry classifies anchors with a steel pin as
anchors, not nails, trade usage further supports the conclusion that
OMG's zinc anchors are not nails.\14\ The CIT remanded the Final Scope
Ruling to Commerce for further consideration consistent with the CIT's
opinion.\15\ The CIT also directed Commerce to issue appropriate
instructions to CBP regarding the suspension of liquidation of OMG's
zinc anchors.\16\
---------------------------------------------------------------------------
\11\ Id. at 10.
\12\ Id.
\13\ Id.
\14\ Id. at 10-11.
\15\ Id. at 11.
\16\ Id.
---------------------------------------------------------------------------
Pursuant to the CIT's instructions, on remand, under protest,
Commerce found that OMG's zinc anchors do not fall within the scope of
the Orders.\17\ On May 14, 2019, the CIT sustained Commerce's Final
Remand Results.\18\
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\17\ See Final Results of Redetermination Pursuant to Court
Remand, OMG, Inc. v. United States, Court No. 17-00036, Slip Op. 18-
63 (CIT May 29, 2018), dated August 27, 2018 (Final Remand Results).
\18\ See OMG, Inc. v. United States, Court No. 17-00036, Slip
Op. 19-58, No. 17-00036 (CIT 2019).
---------------------------------------------------------------------------
Timken Notice
In its decision in Timken,\19\ as clarified by Diamond
Sawblades,\20\ the Court of Appeals for the Federal Circuit (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 Commerce's determination and must
suspend liquidation of entries pending a ``conclusive'' court decision.
The CIT's May 14, 2019, judgment in this case, sustaining Commerce's
decision in the Final Remand Results that OMG's zinc anchors fall
outside the scope of the Orders, constitutes a final decision of that
court that is not in harmony with the Final Scope Ruling. This notice
is published in fulfillment of the publication requirements of Timken.
Accordingly, Commerce will continue the suspension of liquidation of
OMG's zinc anchors pending expiration of the period of appeal or, if
appealed, pending a final and conclusive court decision.
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\19\ See Timken Co. v. United States, 893 F.2d 337, 341 (Fed.
Cir. 1990) (Timken).
\20\ See Diamond Sawblades Mfrs. Coalition v. United States, 626
F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).
---------------------------------------------------------------------------
Amended Final Scope Ruling
Because there is now a final court decision with respect to this
case, Commerce is amending its Final Scope Ruling and finds that the
scope of the Orders does not cover the zinc anchors specified in OMG's
Scope Ruling Request. Commerce will instruct CBP that the cash deposit
rate will be zero percent for the zinc anchors subject to OMG's scope
ruling request. In the event that the CIT's ruling it not appealed, or
if appealed, upheld by the CAFC, Commerce will instruct CBP to
liquidate entries of OMG's zinc anchors without regard to antidumping
and/or countervailing duties, and to lift suspension of liquidation of
such entries.
Notification to Interested Parties
This notice is issued and published in accordance with section
516A(e)(1) of the Act.
Dated: May 23, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2019-11397 Filed 5-30-19; 8:45 am]
BILLING CODE 3510-DS-P