Notice2025-04287
Monosodium Glutamate From the People's Republic of China: Preliminary Affirmative Determination of Circumvention; Correction
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
March 17, 2025
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
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.
Full Text
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<title>Federal Register, Volume 90 Issue 50 (Monday, March 17, 2025)</title>
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[Federal Register Volume 90, Number 50 (Monday, March 17, 2025)]
[Notices]
[Pages 12295-12296]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-04287]
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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.
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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.
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\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).
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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{time} 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{time} and I
am an official of {NAME OF IMPORTING COMPANY{time} , located at
{ADDRESS OF IMPORTING COMPANY{time} .
(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{time} on behalf of {U.S. CUSTOMER{time} , located at
{ADDRESS OF U.S. CUSTOMER{time} .
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{time} 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{time} , located at {U.S. ADDRESS TO WHICH MERCHANDISE WAS
SHIPPED{time} .
(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{time} 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{time} 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.
(J) I understand that {IMPORTING COMPANY{time} is required to
submit a copy of
[[Page 12296]]
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.
(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{time}
{TITLE OF COMPANY OFFICIAL{time}
{DATE{time}
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{time} 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{time} , located at {U.S. ADDRESS TO WHICH THE MERCHANDISE
WAS SHIPPED{time} .
(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{time} , located at {ADDRESS OF U.S. CUSTOMER{time}
(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{time} , located at
{U.S. ADDRESS TO WHICH MERCHANDISE WAS SHIPPED{time} .
(G) I understand that {NAME OF FOREIGN COMPANY THAT MADE THE
SALE TO THE UNITED STATES{time} 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{time} 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{time}
{TITLE OF COMPANY OFFICIAL{time}
{DATE{time}
[FR Doc. 2025-04287 Filed 3-14-25; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on March 17, 2025.
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