1. On 07/25/2019, the U.S. Court of International Trade (CIT) sustained the Final Redetermination issued by Commerce pursuant to Simpson Strong-Tie Company v. United States (CIT No. 17-00057). As a result, Commerce published in the Federal Register (84 FR 49094) on 09/18/2019, with an effective date of 08/04/2019, the Notice of Court Decision Not in Harmony With Final Scope Ruling and Notice of Amended Final Scope Ruling Pursuant to Court Decision.
2. Although, as a result of the CIT's final decision, zinc and nylon anchors from the People's Republic of China (China) imported by Simpson Strong-Tie Company (Simpson) described below are outside of the scope of the antidumping duty order on steel nails from China, CBP is directed to suspend or continue to suspend liquidation of the entries of this merchandise from China imported by Simpson entered, or withdrawn from warehouse, for consumption on or after 08/04/2019 at a zero cash deposit rate.
The merchandise excluded from the order as a result of the Court Ruling are Simpson's zinc anchors which are designed for anchoring fixtures to concrete, brick, block, and masonry. 'NailonTM' anchors are expansion anchors, and secure themselves to the wall using a mechanical wedging effect created by the expansion of the anchor against the side of a predrilled hole as a result of driving the nail in to the anchor.
'Zinc NailonTM' anchors consist of two components: (1) a zinc alloy body, which comprises
approximately 62 percent of the total weight of the complete zinc anchor; and (2) a carbon and
stainless steel (Type 304) nail, which comprises approximately 32 percent of the total weight of
the complete zinc anchor. Simpson's zinc anchors are assembled at the time of importation,
meaning that the steel nail has been inserted into the body of the zinc alloy anchor.
'Nylon NailonTM' anchors also consist of two components. Rather than a zinc alloy body, however, they have a nylon shell or body which comprises approximately 32 percent of the total weight of the complete nylon anchor, and likewise have a carbon and stainless steel (type 304)
nail which comprises approximately 68 percent of the total weight of the complete nylon anchor.
The anchors in question are imported in an assembled condition, meaning that the nail is
mechanically inserted in the zinc or plastic body at the time of production. This provides
uniform expansion of the anchor body when the nail is driven into the anchor body.
3. Because the revised cash deposit rate is to be applied retroactively to entries made on or after 08/04/2019, Commerce will issue instructions for granting a refund on any over collection in a separate message.
4. These cash deposit requirements will remain in effect until further notice.
5. Do not liquidate any entries of the merchandise covered by paragraph 2 above until specific liquidation instructions are issued.
6. Unless instructed otherwise, for all other shipments of certain steel nails from China not
covered by paragraph 2 above, you shall continue to collect cash deposits of estimated
antidumping duties for the merchandise at the current rates.
7. If there are any questions by the importing public regarding this message, please contact the Call Center for the Office of AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce at (202) 482-0984. CBP ports should submit their inquiries through authorized CBP channels only. (This message was generated by OV: AC.)
8. There are no restrictions on the release of this information.+
Alexander Amdur