Monosodium Glutamate From the People's Republic of China: Preliminary Affirmative Determination of Circumvention; Correction, 12295-12296 [2025-04287]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 90, Number 50 (Monday, March 17, 2025)]
[Notices]
[Pages 12295-12296]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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