Monosodium Glutamate From the People's Republic of China: Notice of Intent To Address Covered Merchandise Referral in Ongoing Circumvention Inquiry, 3183-3185 [2025-00560]
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Federal Register / Vol. 90, No. 8 / Tuesday, January 14, 2025 / Notices
after 10:00 a.m. ET on the due date.
Under certain circumstances, Commerce
may elect to specify a different time
limit by which extension requests will
be considered untimely for submissions
which are due from multiple parties
simultaneously. In such a case, we will
inform parties in a letter or
memorandum of the deadline (including
a specified time) by which extension
requests must be filed to be considered
timely. An extension request must be
made in a separate, standalone
submission; under limited
circumstances we will grant untimely
filed requests for the extension of time
limits, where we determine, based on 19
CFR 351.302, that extraordinary
circumstances exist. Parties should
review Commerce’s regulations
concerning the extension of time limits
and the Time Limits Final Rule prior to
submitting factual information in this
investigation.42
Certification Requirements
Any party submitting factual
information in an AD or CVD
proceeding must certify to the accuracy
and completeness of that information.43
Parties must use the certification
formats provided in 19 CFR
351.303(g).44 Commerce intends to
reject factual submissions if the
submitting party does not comply with
the applicable certification
requirements.
Notification to Interested Parties
khammond on DSK9W7S144PROD with NOTICES
Interested parties must submit
applications for disclosure under APO
in accordance with 19 CFR 351.305.
Parties wishing to participate in this
investigation should ensure that they
meet the requirements of 19 CFR
351.103(d) (e.g., by filing the required
letter of appearance). Note that
Commerce has amended certain of its
requirements pertaining to the service of
documents in 19 CFR 351.303(f).45
This notice is issued and published
pursuant to sections 732(c)(2) and 777(i)
of the Act, and 19 CFR 351.203(c).
42 See 19 CFR 351.302; see also, e.g., Time Limits
Final Rule.
43 See section 782(b) of the Act.
44 See Certification of Factual Information to
Import Administration During Antidumping and
Countervailing Duty Proceedings, 78 FR 42678 (July
17, 2013) (Final Rule). Additional information
regarding the Final Rule is available at https://
access.trade.gov/Resources/filing/.
45 See Administrative Protective Order, Service,
and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069
(September 29, 2023).
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22:42 Jan 13, 2025
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Dated: January 6, 2025.
Steven Presing,
Acting Deputy Assistant Secretary for Policy
and Negotiations.
Appendix—Scope of the Investigation
The merchandise covered by this
investigation is sol gel alumina-based
ceramic abrasive grains which are comprised
of minimum 94% aluminum oxide (Al2O3),
and may contain other compounds,
including, but not limited to, titanium
dioxide, silicon dioxide, calcium oxide,
sodium superoxide, ferric oxide, magnesium
oxide, di-aluminum magnesium tetroxide,
lanthanum oxide, lanthanum magnesium
oxide, zirconium dioxide, or zirconium
carbonate. Grain sizes of sol gel aluminabased ceramic abrasive grains range from
0.85 mm to 0.0395 mm (which corresponds
to American National Standards Institute
(ANSI) grit sizes from 20 to 280).
Shapes include but are not limited to
angular, sharp, extra sharp, blocky, splintery,
round stripped, triangular or shaped like
extruded rods or stars.
Ceramic abrasive grains have unique
crystalline structures that impart certain
advanced properties, such as their extreme
hardness and strength ranging between 16
and 22 gigapascals by the Vickers Diamond
Indent Method, high melting point (2050°C),
and a single- or multi-phase microstructure,
which may contain multiple phases, having
crystalline sizes ranging from 0.05 to 30mm.
These ceramic abrasive grains include but are
not limited to blue, white, white-translucent,
or off-white opaque colors.
Sol gel alumina-based ceramic abrasive
grains are covered by the scope of this
investigation, whether or not incorporated
into downstream articles, including but not
limited to, abrasive papers, grinding wheels,
grinding cylinders, and grinding discs. When
incorporated into downstream articles, only
the sol gel alumina-based ceramic abrasive
grains component of such articles is covered
by the product scope, and not the
downstream product as a whole.
The merchandise subject to this
investigation is properly classified under
subheadings 2818.10.2020 and 2818.10.2090
of the Harmonized Tariff Schedule of the
United States (HTSUS). Other merchandise
subject to the current scope, including when
incorporated into the abovementioned
downstream articles, may be classified under
HTSUS subheadings 2818.10.1000,
2818.20.0000, 2818.30.0000, 3824.99.1100,
3824.99.1900, 6805.10.0000, 6805.20.0000,
6805.30.1000, 6805.30.5000, 6804.22.1000,
6804.22.4000, 6804.22.6000, 8204.12.0000,
8474.90.0010, 8474.90.0020, 8474.90.0050,
and 8474.90.0090. Although the HTSUS
statistical reporting numbers are provided for
convenience and customs purposes, the
written description of the merchandise is
dispositive.
[FR Doc. 2025–00544 Filed 1–13–25; 8:45 am]
BILLING CODE 3510–DS–P
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3183
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–992]
Monosodium Glutamate From the
People’s Republic of China: Notice of
Intent To Address Covered
Merchandise Referral in Ongoing
Circumvention Inquiry
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) has received a
covered merchandise referral from U.S.
Customs and Border Protection (CBP) in
connection with a CBP investigation
concerning alleged evasion of the
antidumping duty (AD) order on
monosodium glutamate (MSG) from the
People’s Republic of China (China).
Commerce intends to address the
covered merchandise referral in
Commerce’s ongoing circumvention
inquiry (Malaysia Assembly) to
determine whether merchandise
described in the referral is subject to the
AD order on MSG from China.
Interested parties are invited to
comment and submit factual
information.
DATES: Applicable January 14, 2025.
FOR FURTHER INFORMATION CONTACT:
Thomas Cloyd at (202) 482–1246 or
Jacob Saude at (202) 482–0981, AD/CVD
Operations Office VII, Enforcement &
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
Section 517(b)(4)(A) of the Tariff Act
of 1930, as amended (the Act), provides
a procedure whereby if, during the
course of an Enforce and Protect Act
(EAPA) investigation, CBP is unable to
determine whether the merchandise at
issue is covered merchandise within the
meaning of section 517(a)(3) of the Act,
it shall refer the matter to Commerce to
make such a determination. Section
517(a)(3) of the Act defines covered
merchandise as merchandise that is
subject to an antidumping duty order
issued under section 736 of the Act or
a countervailing duty order issued
under section 706 of the Act. Section
517(b)(4)(B) of the Act states that
Commerce, after receiving a covered
merchandise referral from CBP, shall
determine whether the merchandise is
covered merchandise and promptly
transmit its determination to CBP.
Commerce’s regulations at 19 CFR
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Federal Register / Vol. 90, No. 8 / Tuesday, January 14, 2025 / Notices
351.227 establish procedures for
covered merchandise referrals that
Commerce receives from CBP in
connection with an EAPA
investigation.1
On December 18, 2024, Commerce
received a covered merchandise referral
from CBP regarding CBP EAPA
Investigation No. 7950.2 which concerns
the AD order on MSG from China.3
Specifically, CBP explained that an
allegation as filed by Ajinomoto Health
& Nutrition North America, Inc., alleges
that MSG exported by Ajinoriki MSG
(Malaysia) Sdn Bhd and imported by
CPF Legacy, LLC, doing business as C.
Pacific Foods (CPF), Handylee
Enterprises (USA) Corp., Jefi Enterprise
(USA) Inc., and Highland USA
International Inc. (collectively, the
importers) is potentially subject to the
Order. CBP informed Commerce that
CBP is unable to determine whether
certain merchandise constitutes covered
merchandise consistent with 19 CFR
351.227(a). Thus, CBP has requested
that Commerce issue a determination as
to whether MSG produced in Malaysia
by Ajinoriki MSG (Malaysia) Sdn Bhd
by processing of Chinese-origin
glutamic acid into MSG is covered by
the Order.
Notification of Intent To Address
Covered Merchandise Referral in
Ongoing Circumvention Inquiry
khammond on DSK9W7S144PROD with NOTICES
Pursuant to 19 CFR 351.227(b), within
20 days after receiving a covered
merchandise referral from CBP,
Commerce will either initiate a covered
merchandise inquiry or decide to
address the covered merchandise
referral in an ongoing segment of the
proceeding. Commerce is currently
conducting a circumvention inquiry to
determine whether MSG finished in
Malaysia using glutamic acid produced
in China and subsequently exported
from Malaysia to the United States
should be included in the scope of the
1 See Regulations to Improve Administration and
Enforcement of Antidumping and Countervailing
Duty Laws, 86 FR 52300, 52354–62 (September 20,
2021) (final rule promulgating the regulation
establishing procedures for covered merchandise
referrals).
2 See Letter from CBP, ‘‘Scope Determination
Referral Request for EAPA Consolidated
Investigation 7950 on Antidumping Duty Order A–
570–992 on Monosodium Glutamate from the
People’s Republic of China’’ dated December 18,
2024. The covered merchandise referral and any
supporting documents will be made available on
Enforcement and Compliance’s Antidumping Duty
and Countervailing Duty Centralized Electronic
Service System (ACCESS).
3 See Monosodium Glutamate from the People’s
Republic of China: Amended Final Determination
of Sales at Less Than Fair Value, 79 FR 70505
(November 26, 2014) (Order).
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Jkt 265001
Order.4 As the covered merchandise
referral requests a determination on
merchandise currently under
consideration, in accordance with 19
CFR 351.227(b)(2), the covered
merchandise referral can be addressed
as part of the ongoing circumvention
inquiry on MSG finished in Malaysia
from Chinese inputs. Therefore,
Commerce is hereby notifying interested
parties of its intent to address CBP’s
covered merchandise referral in the
ongoing circumvention inquiry segment
of this proceeding, to determine
whether the merchandise subject to the
referral is covered merchandise within
the meaning of section 517(a)(3) of the
Act. We intend to notify CBP as to
whether the merchandise subject to the
referral is covered merchandise within
the meaning of section 517(a)(3) of the
Act based on our final determination in
the ongoing circumvention inquiry
segment of this proceeding.
Commerce intends to provide
interested parties with the opportunity
to participate in the circumvention
inquiry segment of the proceeding,
including through the submission of
comments and, as appropriate, factual
information, and verification. The
current deadline for Commerce to issue
a preliminary circumvention
determination in the ongoing
circumvention inquiry is January 17,
2025.
Parties are hereby notified that this
may be the only notice that Commerce
publishes in the Federal Register
concerning this covered merchandise
referral. Except as indicated below,
interested parties that wish to
participate in the ongoing
circumvention inquiry must submit
their entry of appearance as discussed
below. Further, any representative of an
interested party desiring access to
business proprietary information in this
segment of the proceeding must file an
application for access to business
proprietary information under
administrative protective order (APO),
as discussed below.
Scope of the Order
The product covered by this Order is
monosodium glutamate (MSG), whether
or not blended or in solution with other
products. Specifically, MSG that has
been blended or is in solution with
other product(s) is included in this
scope when the resulting mix contains
15 percent or more of MSG by dry
weight. Products with which MSG may
4 See Monosodium Glutamate from the People’s
Republic of China: Initiation of Circumvention
Inquiry on the Antidumping Duty Order, 89 FR
42425 (May 15, 2024) (Initiation Notice).
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Fmt 4703
Sfmt 4703
be blended include, but are not limited
to, salts, sugars, starches, maltodextrins,
and various seasonings. Further, MSG is
included in this Order regardless of
physical form (including, but not
limited to, in monohydrate or
anhydrous form, or as substrates,
solutions, dry powders of any particle
size, or unfinished forms such as MSG
slurry), end-use application, or
packaging.
MSG in monohydrate form has a
molecular formula of C5H8NO4Na—
H2O, a Chemical Abstract Service (CAS)
registry number of 6106–04–3, and a
Unique Ingredient Identifier (UNII)
number of W81N5U6R6U. MSG in
anhydrous form has a molecular
formula of C5H8NO4Na, a CAS registry
number of l42–47–2, and a UNII number
of C3C196L9FG.
Merchandise covered by the scope of
this Order is currently classified in the
Harmonized Tariff Schedule of the
United States (HTSUS) at subheading
2922.42.10.00. Merchandise subject to
the order may also enter under HTSUS
subheadings 2922.42.50.00,
2103.90.72.00, 2103.90.74.00,
2103.90.78.00, 2103.90.80.00, and
2103.90.90.91. The tariff classifications,
CAS registry numbers, and UNII
numbers are provided for convenience
and customs purposes; however, the
written description of the scope is
dispositive.
Merchandise Described in Covered
Merchandise Referral To Be Addressed
in Ongoing Circumvention Inquiry
The ongoing circumvention inquiry
addresses whether the scope should
include MSG finished in Malaysia using
glutamic acid produced in China and
subsequently exported from Malaysia to
the United States. Pursuant to 19 CFR
351.226(m)(1), Commerce will consider,
based on the available record evidence,
whether the final determination in the
ongoing circumvention inquiry as it
relates to the products described in the
referral should be applied on a (i)
producer-specific, exporter-specific,
importer-specific basis, or some
combination thereof; or (ii) on a
country-wide basis, regardless of the
producer, exporter, or importer, to all
products from the same country with
the same relevant physical
characteristics as the product at issue.
Filing Requirements
All submissions to Commerce must be
filed electronically via Enforcement and
Compliance (E&C)’s Antidumping Duty
and Countervailing Duty Centralized
Electronic Service System (ACCESS),
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14JAN1
Federal Register / Vol. 90, No. 8 / Tuesday, January 14, 2025 / Notices
unless an exception applies.5 An
electronically filed document must be
received successfully in its entirety by
the applicable deadline. Note that
Commerce has modified certain of its
requirements for serving documents
containing business proprietary
information until further notice.6 Each
submission must be placed on the
record of the segment of the proceeding.
Suspension of Liquidation
Commerce previously notified CBP of
the initiation of the ongoing
circumvention inquiry in accordance
with 19 CFR 351.226(l)(1), and directed
CBP to continue to suspend liquidation
of entries of products subject to the
circumvention inquiry that were already
subject to the suspension of liquidation,
and to collect the cash deposit for
estimated antidumping duties that
would be applicable if the product were
determined to be covered by the scope
of the Order. CBP should continue to
suspend liquidation of entries already
subject to the suspension of liquidation
in accordance with Commerce’s
previous instruction.
khammond on DSK9W7S144PROD with NOTICES
Notification to Interested Parties
Interested parties that wish to
participate in this segment of the
proceeding and be added to the public
service list(s) for this segment of the
proceeding must file an entry of
appearance in accordance with 19 CFR
351.103(d)(1), with one exception: the
relevant parties to CBP’s EAPA
investigation publicly identified by CBP
in the covered merchandise referral
referenced above are not required to
submit an entry of appearance, and will
be added to the public service list for
this segment of the proceeding by
Commerce.
Commerce placed an APO on the
record on May 10, 2024.7 Commerce
intends to place the business
proprietary versions of the documents
(if any) contained in the covered
5 See Antidumping and Countervailing Duty
Proceedings: Electronic Filing Procedures;
Administrative Protective Order Procedures, 76 FR
39263 (July 6, 2011), as amended in Enforcement
and Compliance; Change of Electronic Filing
System Name, 79 FR 69046 (November 20, 2014) for
details of Commerce’s electronic filing
requirements, effective August 5, 2011. Information
on help using ACCESS can be found at https://
access.trade.gov/help.aspx and a handbook can be
found at https://access.trade.gov/help/
Handbook%20on%20Electronic%20
Filing%20Procedures.pdf.
6 See Temporary Rule Modifying AD/CVD Service
Requirements Due to COVID–19, 85 FR 17006
(March 26, 2020); see also Temporary Rule
Modifying AD/CVD Service Requirements Due to
COVID19; Extension of Effective Period, 85 FR
41363 (July 10, 2020).
7 See Memorandum, ‘‘Request for APO Segment,’’
dated May 8, 2024.
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22:42 Jan 13, 2025
Jkt 265001
merchandise referral on the record of
this proceeding in ACCESS.
Representatives of interested parties
must submit applications for disclosure
under the APO in accordance with the
procedures outlined in Commerce’s
regulations at 19 CFR 351.305. Those
procedures apply to this segment of the
proceeding, with one exception: APO
applicants representing the parties that
have been identified by CBP as an
importer in the covered merchandise
referral (referenced above) are exempt
from the additional filing requirements
for importers pursuant to 19 CFR
351.305(d).
This notice is issued and published
pursuant to section 517(b)(4) of the Act
and 19 CFR 351.227(b).
Dated: January 7, 2025.
Scot Fullerton,
Acting Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations.
[FR Doc. 2025–00560 Filed 1–13–25; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XE567]
Whaling Provisions; Aboriginal
Subsistence Whaling Quotas
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; notification of quota for
bowhead whales.
AGENCY:
NMFS notifies the public of
the aboriginal subsistence whaling
quota for bowhead whales assigned to
the Alaska Eskimo Whaling Commission
(AEWC), and of limitations on the use
of the quota deriving from regulations of
the International Whaling Commission
(IWC). For 2025, the AEWC quota is 93
bowhead whales struck. This quota and
other applicable limitations govern the
harvest of bowhead whales by licensed
whaling captains of the AEWC.
DATES: Applicable January 14, 2025.
ADDRESSES: Office of International
Affairs, Trade, and Commerce, National
Marine Fisheries Service, 1315 EastWest Highway, Silver Spring, MD
20910.
FOR FURTHER INFORMATION CONTACT:
Madison Harris, (202) 480–4592.
SUPPLEMENTARY INFORMATION: Aboriginal
subsistence whaling in the United States
is governed by the Whaling Convention
Act (WCA) (16 U.S.C. 916 et seq.).
SUMMARY:
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3185
Under the WCA, IWC regulations shall
become effective with respect to all
persons and vessels subject to the
jurisdiction of the United States within
90 days of notification from the IWC
Secretariat of an amendment to the IWC
Schedule (16 U.S.C. 916k). Regulations
that implement the WCA, found at 50
CFR part 230, require NOAA’s Assistant
Administrator for Fisheries to publish,
at least annually, aboriginal subsistence
whaling quotas and any other
limitations on aboriginal subsistence
whaling deriving from regulations of the
IWC.
At the 67th meeting of the IWC in
2018, the Commission set catch limits
for aboriginal subsistence use of
bowhead whales from the BeringChukchi-Beaufort Seas stock for the
years 2019–2025. The aboriginal
subsistence whaling catch limits were
based on a joint request by Denmark on
behalf of Greenland, the Russian
Federation, St. Vincent and the
Grenadines, and the United States,
accompanied by documentation
concerning the needs of the Native
groups.
The IWC set a 7-year block catch limit
of 392 bowhead whales landed. For
each of the years 2019 through 2025, the
number of bowhead whales struck may
not exceed 67, with unused strikes from
the 3 prior quota blocks carried forward
and added to the annual strike quota of
subsequent years, provided that no more
than 50 percent of the annual strike
limit is added to the strike quota for any
1 year. For the 2025 bowhead harvest,
there are 33 strikes available for carryforward, so the combined strike quota
set by the IWC for 2025 is 100 (67 + 33).
Both Alaska and Russian Natives hunt
the bowhead whale, and thus the IWC
quota for the bowhead whale is shared
between the two Native groups. To
account for the shared quota, the United
States and Russia established a
cooperative arrangement to monitor the
quota.
NOAA has assigned 93 strikes to the
AEWC through its cooperative
agreement with the AEWC, accounting
for bowhead whales that may be hunted
by Russian Natives. The AEWC will in
turn allocate these strikes among the 11
villages whose cultural and subsistence
needs have been documented, and will
ensure that AEWC whaling captains use
no more than 93 strikes.
At its 67th meeting, the IWC also
provided for an automatic extension of
aboriginal subsistence whaling catch
limits under certain circumstances.
Commencing in 2026, bowhead whale
catch limits shall be extended every 6
years provided: (a) the IWC Scientific
Committee advises in 2024, and every 6
E:\FR\FM\14JAN1.SGM
14JAN1
]]>Agencies
[Federal Register Volume 90, Number 8 (Tuesday, January 14, 2025)]
[Notices]
[Pages 3183-3185]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-00560]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-992]
Monosodium Glutamate From the People's Republic of China: Notice
of Intent To Address Covered Merchandise Referral in Ongoing
Circumvention Inquiry
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) has received a
covered merchandise referral from U.S. Customs and Border Protection
(CBP) in connection with a CBP investigation concerning alleged evasion
of the antidumping duty (AD) order on monosodium glutamate (MSG) from
the People's Republic of China (China). Commerce intends to address the
covered merchandise referral in Commerce's ongoing circumvention
inquiry (Malaysia Assembly) to determine whether merchandise described
in the referral is subject to the AD order on MSG from China.
Interested parties are invited to comment and submit factual
information.
DATES: Applicable January 14, 2025.
FOR FURTHER INFORMATION CONTACT: Thomas Cloyd at (202) 482-1246 or
Jacob Saude at (202) 482-0981, AD/CVD Operations Office VII,
Enforcement & Compliance, International Trade Administration, U.S.
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC
20230.
SUPPLEMENTARY INFORMATION:
Background
Section 517(b)(4)(A) of the Tariff Act of 1930, as amended (the
Act), provides a procedure whereby if, during the course of an Enforce
and Protect Act (EAPA) investigation, CBP is unable to determine
whether the merchandise at issue is covered merchandise within the
meaning of section 517(a)(3) of the Act, it shall refer the matter to
Commerce to make such a determination. Section 517(a)(3) of the Act
defines covered merchandise as merchandise that is subject to an
antidumping duty order issued under section 736 of the Act or a
countervailing duty order issued under section 706 of the Act. Section
517(b)(4)(B) of the Act states that Commerce, after receiving a covered
merchandise referral from CBP, shall determine whether the merchandise
is covered merchandise and promptly transmit its determination to CBP.
Commerce's regulations at 19 CFR
[[Page 3184]]
351.227 establish procedures for covered merchandise referrals that
Commerce receives from CBP in connection with an EAPA investigation.\1\
---------------------------------------------------------------------------
\1\ See Regulations to Improve Administration and Enforcement of
Antidumping and Countervailing Duty Laws, 86 FR 52300, 52354-62
(September 20, 2021) (final rule promulgating the regulation
establishing procedures for covered merchandise referrals).
---------------------------------------------------------------------------
On December 18, 2024, Commerce received a covered merchandise
referral from CBP regarding CBP EAPA Investigation No. 7950.\2\ which
concerns the AD order on MSG from China.\3\ Specifically, CBP explained
that an allegation as filed by Ajinomoto Health & Nutrition North
America, Inc., alleges that MSG exported by Ajinoriki MSG (Malaysia)
Sdn Bhd and imported by CPF Legacy, LLC, doing business as C. Pacific
Foods (CPF), Handylee Enterprises (USA) Corp., Jefi Enterprise (USA)
Inc., and Highland USA International Inc. (collectively, the importers)
is potentially subject to the Order. CBP informed Commerce that CBP is
unable to determine whether certain merchandise constitutes covered
merchandise consistent with 19 CFR 351.227(a). Thus, CBP has requested
that Commerce issue a determination as to whether MSG produced in
Malaysia by Ajinoriki MSG (Malaysia) Sdn Bhd by processing of Chinese-
origin glutamic acid into MSG is covered by the Order.
---------------------------------------------------------------------------
\2\ See Letter from CBP, ``Scope Determination Referral Request
for EAPA Consolidated Investigation 7950 on Antidumping Duty Order
A-570-992 on Monosodium Glutamate from the People's Republic of
China'' dated December 18, 2024. The covered merchandise referral
and any supporting documents will be made available on Enforcement
and Compliance's Antidumping Duty and Countervailing Duty
Centralized Electronic Service System (ACCESS).
\3\ See Monosodium Glutamate from the People's Republic of
China: Amended Final Determination of Sales at Less Than Fair Value,
79 FR 70505 (November 26, 2014) (Order).
---------------------------------------------------------------------------
Notification of Intent To Address Covered Merchandise Referral in
Ongoing Circumvention Inquiry
Pursuant to 19 CFR 351.227(b), within 20 days after receiving a
covered merchandise referral from CBP, Commerce will either initiate a
covered merchandise inquiry or decide to address the covered
merchandise referral in an ongoing segment of the proceeding. Commerce
is currently conducting a circumvention inquiry to determine whether
MSG finished in Malaysia using glutamic acid produced in China and
subsequently exported from Malaysia to the United States should be
included in the scope of the Order.\4\ As the covered merchandise
referral requests a determination on merchandise currently under
consideration, in accordance with 19 CFR 351.227(b)(2), the covered
merchandise referral can be addressed as part of the ongoing
circumvention inquiry on MSG finished in Malaysia from Chinese inputs.
Therefore, Commerce is hereby notifying interested parties of its
intent to address CBP's covered merchandise referral in the ongoing
circumvention inquiry segment of this proceeding, to determine whether
the merchandise subject to the referral is covered merchandise within
the meaning of section 517(a)(3) of the Act. We intend to notify CBP as
to whether the merchandise subject to the referral is covered
merchandise within the meaning of section 517(a)(3) of the Act based on
our final determination in the ongoing circumvention inquiry segment of
this proceeding.
---------------------------------------------------------------------------
\4\ See Monosodium Glutamate from the People's Republic of
China: Initiation of Circumvention Inquiry on the Antidumping Duty
Order, 89 FR 42425 (May 15, 2024) (Initiation Notice).
---------------------------------------------------------------------------
Commerce intends to provide interested parties with the opportunity
to participate in the circumvention inquiry segment of the proceeding,
including through the submission of comments and, as appropriate,
factual information, and verification. The current deadline for
Commerce to issue a preliminary circumvention determination in the
ongoing circumvention inquiry is January 17, 2025.
Parties are hereby notified that this may be the only notice that
Commerce publishes in the Federal Register concerning this covered
merchandise referral. Except as indicated below, interested parties
that wish to participate in the ongoing circumvention inquiry must
submit their entry of appearance as discussed below. Further, any
representative of an interested party desiring access to business
proprietary information in this segment of the proceeding must file an
application for access to business proprietary information under
administrative protective order (APO), as discussed below.
Scope of the Order
The product covered by this Order is monosodium glutamate (MSG),
whether or not blended or in solution with other products.
Specifically, MSG that has been blended or is in solution with other
product(s) is included in this scope when the resulting mix contains 15
percent or more of MSG by dry weight. Products with which MSG may be
blended include, but are not limited to, salts, sugars, starches,
maltodextrins, and various seasonings. Further, MSG is included in this
Order regardless of physical form (including, but not limited to, in
monohydrate or anhydrous form, or as substrates, solutions, dry powders
of any particle size, or unfinished forms such as MSG slurry), end-use
application, or packaging.
MSG in monohydrate form has a molecular formula of C5H8NO4Na--H2O,
a Chemical Abstract Service (CAS) registry number of 6106-04-3, and a
Unique Ingredient Identifier (UNII) number of W81N5U6R6U. MSG in
anhydrous form has a molecular formula of C5H8NO4Na, a CAS registry
number of l42-47-2, and a UNII number of C3C196L9FG.
Merchandise covered by the scope of this Order is currently
classified in the Harmonized Tariff Schedule of the United States
(HTSUS) at subheading 2922.42.10.00. Merchandise subject to the order
may also enter under HTSUS subheadings 2922.42.50.00, 2103.90.72.00,
2103.90.74.00, 2103.90.78.00, 2103.90.80.00, and 2103.90.90.91. The
tariff classifications, CAS registry numbers, and UNII numbers are
provided for convenience and customs purposes; however, the written
description of the scope is dispositive.
Merchandise Described in Covered Merchandise Referral To Be Addressed
in Ongoing Circumvention Inquiry
The ongoing circumvention inquiry addresses whether the scope
should include MSG finished in Malaysia using glutamic acid produced in
China and subsequently exported from Malaysia to the United States.
Pursuant to 19 CFR 351.226(m)(1), Commerce will consider, based on the
available record evidence, whether the final determination in the
ongoing circumvention inquiry as it relates to the products described
in the referral should be applied on a (i) producer-specific, exporter-
specific, importer-specific basis, or some combination thereof; or (ii)
on a country-wide basis, regardless of the producer, exporter, or
importer, to all products from the same country with the same relevant
physical characteristics as the product at issue.
Filing Requirements
All submissions to Commerce must be filed electronically via
Enforcement and Compliance (E&C)'s Antidumping Duty and Countervailing
Duty Centralized Electronic Service System (ACCESS),
[[Page 3185]]
unless an exception applies.\5\ An electronically filed document must
be received successfully in its entirety by the applicable deadline.
Note that Commerce has modified certain of its requirements for serving
documents containing business proprietary information until further
notice.\6\ Each submission must be placed on the record of the segment
of the proceeding.
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\5\ See Antidumping and Countervailing Duty Proceedings:
Electronic Filing Procedures; Administrative Protective Order
Procedures, 76 FR 39263 (July 6, 2011), as amended in Enforcement
and Compliance; Change of Electronic Filing System Name, 79 FR 69046
(November 20, 2014) for details of Commerce's electronic filing
requirements, effective August 5, 2011. Information on help using
ACCESS can be found at https://access.trade.gov/help.aspx and a
handbook can be found at https://access.trade.gov/help/Handbook%20on%20Electronic%20Filing%20Procedures.pdf.
\6\ See Temporary Rule Modifying AD/CVD Service Requirements Due
to COVID-19, 85 FR 17006 (March 26, 2020); see also Temporary Rule
Modifying AD/CVD Service Requirements Due to COVID19; Extension of
Effective Period, 85 FR 41363 (July 10, 2020).
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Suspension of Liquidation
Commerce previously notified CBP of the initiation of the ongoing
circumvention inquiry in accordance with 19 CFR 351.226(l)(1), and
directed CBP to continue to suspend liquidation of entries of products
subject to the circumvention inquiry that were already subject to the
suspension of liquidation, and to collect the cash deposit for
estimated antidumping duties that would be applicable if the product
were determined to be covered by the scope of the Order. CBP should
continue to suspend liquidation of entries already subject to the
suspension of liquidation in accordance with Commerce's previous
instruction.
Notification to Interested Parties
Interested parties that wish to participate in this segment of the
proceeding and be added to the public service list(s) for this segment
of the proceeding must file an entry of appearance in accordance with
19 CFR 351.103(d)(1), with one exception: the relevant parties to CBP's
EAPA investigation publicly identified by CBP in the covered
merchandise referral referenced above are not required to submit an
entry of appearance, and will be added to the public service list for
this segment of the proceeding by Commerce.
Commerce placed an APO on the record on May 10, 2024.\7\ Commerce
intends to place the business proprietary versions of the documents (if
any) contained in the covered merchandise referral on the record of
this proceeding in ACCESS.
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\7\ See Memorandum, ``Request for APO Segment,'' dated May 8,
2024.
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Representatives of interested parties must submit applications for
disclosure under the APO in accordance with the procedures outlined in
Commerce's regulations at 19 CFR 351.305. Those procedures apply to
this segment of the proceeding, with one exception: APO applicants
representing the parties that have been identified by CBP as an
importer in the covered merchandise referral (referenced above) are
exempt from the additional filing requirements for importers pursuant
to 19 CFR 351.305(d).
This notice is issued and published pursuant to section 517(b)(4)
of the Act and 19 CFR 351.227(b).
Dated: January 7, 2025.
Scot Fullerton,
Acting Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations.
[FR Doc. 2025-00560 Filed 1-13-25; 8:45 am]
BILLING CODE 3510-DS-P
