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

Zusammenfassung

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