90 FR 50 pgs. 12295-12296 - Monosodium Glutamate From the People's Republic of China: Preliminary Affirmative Determination of Circumvention; Correction
Type: NOTICEVolume: 90Number: 50Pages: 12295 - 12296
Pages: 12295, 12296Docket number: [A-570-992]
FR document: [FR Doc. 2025-04287 Filed 3-14-25; 8:45 am]
Agency: Commerce Department
Sub Agency: International Trade Administration
Official PDF Version: PDF Version
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-992]
Monosodium Glutamate From the People's Republic of China: Preliminary Affirmative Determination of Circumvention; Correction
AGENCY:
Enforcement and Compliance, International Trade Administration, Department of Commerce.
ACTION:
Notice; correction.
SUMMARY:
The U.S. Department of Commerce (Commerce) published notice in the Federal Register of February 21, 2025 of its preliminary affirmative determination of circumvention of the antidumping duty order on monosodium glutamate (MSG) from the People's Republic of China (China). In that notice, the importer and exporter certifications provided at Appendix II contained three errors.
FOR FURTHER INFORMATION CONTACT:
Thomas Cloyd, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-1246.
SUPPLEMENTARY INFORMATION:
Background
On February 21, 2025, Commerce published in the Federal Register its Preliminary Determination of circumvention of the antidumping duty order on MSG from China. 1 In the Preliminary Determination, the importer and exporter certifications provided at Appendix II contained three errors. Commerce is hereby correcting the certifications at Appendix II to be in accordance with its preliminary decision. The corrected Appendix II is attached to this notice.
Footnotes:
1 ? See Monosodium Glutamate from the People's Republic of China: Preliminary Affirmative Determination of Circumvention, 90 FR 10068 (February 21, 2025) ( Preliminary Determination ); see also Monosodium Glutamate from the People's Republic of China: Second Amended Final Determination of Sales at Less Than Fair Value and Amended Antidumping Order, 80 FR 487 (January 6, 2015) ( Order ).
Correction
First, in the Federal Register of February 21, 2025, in FR Doc 2025-02924 on page 10071, in the second column, correct Appendix II by replacing the entire text of section (J) of the importer certification as follows:
"I understand that {IMPORTING COMPANY} is required to submit a copy of the importer and exporter certifications as part of the entry summary by uploading them into the document imaging system (DIS) in ACE, and to provide U.S. Customs and Border Protection (CBP) and/or the U.S. Department of Commerce (Commerce) with the importer certification, and any supporting documentation, and a copy of the exporter's certification, and any supporting documentation provided to the importer by the exporter, upon request of either agency."
Second, in the Federal Register of February 21, 2025, in FR Doc 2025-02924 on page 10071, in the third column, correct Appendix II by replacing the entire text of section (M) of the importer certification as follows:
"I understand that agents of the importer, such as brokers, are not permitted to make this certification. This certification was completed by the time of filing the entry summary or within 45 days of the date on which Commerce published notice of its preliminary circumvention findings in the Federal Register ."
Third, in the Federal Register of February 21, 2025, in FR Doc 2025-02924 on page 10072, in the first and second columns, correct Appendix II by replacing the entire text of section (L) of the exporter certification, as follows:
"This certification was completed at time of shipment or within 45 days of the date on which Commerce published notice of its preliminary circumvention findings in the Federal Register ."
Notification to Interested Parties
This notice is issued and published in accordance with section 781(b) of the Tariff Act of 1930, as amended, and 19 CFR 351.226.
Dated: March 12, 2025.
Christopher Abbott,
Deputy Assistant Secretary for Policy and Negotiations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance.
Appendix II-Importer Certification
I hereby certify that:
(A) My name is {IMPORTING COMPANY OFFICIAL'S NAME} and I am an official of {NAME OF IMPORTING COMPANY}, located at {ADDRESS OF IMPORTING COMPANY}.
(B) I have direct personal knowledge of the facts regarding the importation into the Customs territory of the United States of the monosodium glutamate (MSG) assembled or completed in Malaysia that entered under the entry summary number(s), identified below, and are covered by this certification. "Direct personal knowledge" refers to facts the certifying party is expected to have in its own records. For example, the importer must have direct personal knowledge of the importation of the product, including the exporter's and/or foreign seller's identity and location.
(C) If the importer is acting on behalf of the first U.S. customer, include the following sentence as paragraph C of this certification:
The MSG covered by this certification was imported by {IMPORTING COMPANY} on behalf of {U.S. CUSTOMER}, located at {ADDRESS OF U.S. CUSTOMER}.
If the importer is not acting on behalf of the first U.S. customer, include the following sentence as paragraph C of this certification:
{NAME OF IMPORTING COMPANY} is not acting on behalf of the first U.S. customer.
(D) The MSG covered by this certification was shipped to {NAME OF PARTY IN THE UNITED STATES TO WHOM THE MERCHANDISE WAS FIRST SHIPPED}, located at {U.S. ADDRESS TO WHICH MERCHANDISE WAS SHIPPED}.
(E) I have personal knowledge of the facts regarding the production of the imported products covered by this certification. "Personal knowledge" includes facts obtained from another party, ( e.g., correspondence received by the importer (or exporter) from the producer regarding the source of the inputs ( i.e., glutamic acid) used to produce the imported MSG).
(F) This certification applies to the following entries (repeat this block as many times as necessary):
Entry Summary #:
Entry Summary Line Item #:
Foreign Seller:
Foreign Seller's Address:
Foreign Seller's Invoice #:
Foreign Seller's Invoice Line Item #:
Country of Origin of Glutamic Acid:
Producer:
Producer's Address:
(G) The MSG covered by this certification was not produced using glutamic acid produced in the People's Republic of China.
(H) I understand that {IMPORTING COMPANY} is required to maintain a copy of this certification and sufficient documentation supporting this certification ( i.e., documents maintained in the normal course of business, or documents obtained by the certifying party, for example, certificates of origin, product data sheets, mill test reports, productions records, invoices, etc.) until the later of: (1) the date that is five years after the date of the latest entry covered by the certification; or (2) the date that is three years after the conclusion of any litigation in the United States courts regarding such entries.
(I) I understand that {IMPORTING COMPANY} is required to maintain a copy of the exporter's certification (attesting to the production and/or exportation of the imported merchandise identified above), and any supporting documentation provided to the importer by the exporter, until the later of: (1) the date that is five years after the date of the latest entry covered by the certification; or (2) the date that is three years after the conclusion of any litigation in United States courts regarding such entries.
[top] (J) I understand that {IMPORTING COMPANY} is required to submit a copy of
(K) I understand that the claims made herein, and the substantiating documentation, are subject to verification by CBP and/or Commerce.
(L) I understand that failure to maintain the required certification and supporting documentation, or failure to substantiate the claims made herein, or not allowing CBP and/or Commerce to verify the claims made herein, may result in a de facto determination that all entries to which this certification applies are within the scope of the antidumping duty order on MSG from China. I understand that such finding will result in:
(i) suspension of liquidation of all unliquidated entries (and entries for which liquidation has not become final) for which these requirements were not met;
(ii) the importer being required to post the cash deposits determined by Commerce; and
(iii) the importer no longer being allowed to participate in the certification process.
(M) I understand that agents of the importer, such as brokers, are not permitted to make this certification.
This certification was completed by the time of filing the entry summary or within 45 days of the date on which Commerce published notice of its preliminary circumvention findings in the Federal Register .
(N) I am aware that U.S. law (including, but not limited to, 18 U.S.C. 1001) imposes criminal sanctions on individuals who knowingly and willfully make material false statements to the U.S. government.
Signature
{NAME OF COMPANY OFFICIAL}
{TITLE OF COMPANY OFFICIAL}
{DATE}
Exporter Certification
The party that made the sale to the United States must fill out the exporter certification.
I hereby certify that:
(A) My name is {COMPANY OFFICIAL'S NAME} and I am an official of {NAME OF FOREIGN COMPANY THAT MADE THE SALE TO THE UNITED STATES); located at {ADDRESS OF FOREIGN COMPANY THAT MADE THE SALE TO THE UNITED STATES).
(B) I have direct personal knowledge of the facts regarding the production and exportation of the monosodium glutamate (MSG) for which sales are identified below. "Direct personal knowledge" refers to facts the certifying party is expected to have in its own records. For example, an exporter must have direct personal knowledge of the producer's identity and location.
(C) The MSG covered by this certification was shipped to {NAME OF PARTY IN THE UNITED STATES TO WHOM THE MERCHANDISE WAS FIRST SHIPPED}, located at {U.S. ADDRESS TO WHICH THE MERCHANDISE WAS SHIPPED}.
(D) The MSG covered by this certification was not produced using glutamic acid produced in the People's Republic of China.
(E) This certification applies to the following sales to {NAME OF U.S. CUSTOMER}, located at {ADDRESS OF U.S. CUSTOMER} (repeat this block as many times as necessary):
Foreign Seller's Invoice # to U.S. Customer:
Foreign Seller's Invoice to U.S. Customer Line item #:
Producer Name:
Producer's Address:
Producer's Invoice # to Foreign Seller: (If the foreign seller and the producer are the same party, put NA here.)
Name of Producer of Glutamic Acid:
Location (Country) of Producer of Glutamic Acid:
(F) The MSG covered by this certification was shipped to {NAME OF U.S. PARTY TO WHOM MERCHANDISE WAS SHIPPED}, located at {U.S. ADDRESS TO WHICH MERCHANDISE WAS SHIPPED}.
(G) I understand that {NAME OF FOREIGN COMPANY THAT MADE THE SALE TO THE UNITED STATES} is required to maintain a copy of this certification and sufficient documentation supporting this certification ( i.e., documents maintained in the normal course of business, or documents obtained by the certifying party, for example, product data sheets, mill test reports, productions records, invoices, etc. ) until the later of: (1) the date that is five years after the latest date of the entries covered by the certification; or (2) the date that is three years after the conclusion of any litigation in the United States courts regarding such entries.
(H) I understand that {NAME OF FOREIGN COMPANY THAT MADE THE SALE TO THE UNITED STATES} is required to provide the U.S. importer with a copy of this certification and is required to provide U.S. Customs and Border Protection (CBP) and/or the U.S. Department of Commerce (Commerce) with this certification, and any supporting documents, upon request of either agency.
(I) I understand that the claims made herein, and the substantiating documentation, are subject to verification by CBP and/or Commerce.
(J) I understand that failure to maintain the required certification and supporting documentation, or failure to substantiate the claims made herein, or not allowing CBP and/or Commerce to verify the claims made herein, may result in a de facto determination that all sales to which this certification applies are within the scope of the antidumping duty order on MSG from China. I understand that such a finding will result in:
(i) suspension of all unliquidated entries (and entries for which liquidation has not become final) for which these requirements were not met;
(ii) the importer being required to post the cash deposits determined by Commerce; and
(iii) the seller/exporter no longer being allowed to participate in the certification process.
(K) I understand that agents of the seller/exporter, such as freight forwarding companies or brokers, are not permitted to make this certification.
(L) This certification was completed at time of shipment or within 45 days of the date on which Commerce published notice of its preliminary circumvention findings in the Federal Register .
(M) I am aware that U.S. law (including, but not limited to, 18 U.S.C. 1001) imposes criminal sanctions on individuals who knowingly and willfully make material false statements to the U.S. government.
Signature
{NAME OF COMPANY OFFICIAL}
{TITLE OF COMPANY OFFICIAL}
{DATE}
[FR Doc. 2025-04287 Filed 3-14-25; 8:45 am]
BILLING CODE 3510-DS-P