[Federal Register Volume 90, Number 34 (Friday, February 21, 2025)]
[Notices]
[Pages 10068-10072]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-02924]
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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
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that imports of monosodium glutamate (MSG) completed in
Malaysia using glutamic acid produced in the People's Republic of China
(China) are circumventing the antidumping duty (AD) order on MSG from
China. Interested parties are invited to comment on this preliminary
determination.
DATES: Applicable February 21, 2025.
FOR FURTHER INFORMATION CONTACT: Thomas Cloyd or Jacob Saude, 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 or (202) 482-0981,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On January 6, 2015, Commerce published in the Federal Register the
AD order on MSG from China.\1\ On May 15, 2024, in response to a
request from Ajinomoto Health and Nutrition North America, Inc.
(Ajinomoto NA), a domestic interested party, Commerce initiated this
country-wide circumvention inquiry to determine whether imports of MSG
completed in Malaysia using glutamic acid produced in China are
circumventing the Order and, accordingly, should be covered by the
scope of the Order, pursuant to section 781(b) of the Tariff Act of
1930, as amended (the Act).\2\ In September 2024, Commerce selected
Ajinoriki MSG (Malaysia) Sdn Bhd (Ajinoriki) as a mandatory respondent
in this circumvention inquiry.\3\ On December 18, 2024, Commerce
received a covered merchandise referral from U.S. Customs and Border
Protection (CBP) regarding CBP EAPA Investigation No. 7950, which
concerns the Order.\4\ Specifically, CBP requested that Commerce issue
a determination as to whether MSG, finished in Malaysia by Ajinoriki
using glutamic acid produced in China, and subsequently exported from
Malaysia to the United States is subject to the Order (i.e., the
covered merchandise referral specified that the products at issue were
those specified in this circumvention inquiry).\5\ Notice of this
referral was published in the Federal Register on January 14, 2025.\6\
In that notice, Commerce explained that, because the covered
merchandise referral requests a determination on merchandise identified
in a request for a circumvention inquiry previously submitted to
Commerce and currently under consideration, it would address the
covered merchandise referral and Ajinomoto NA's circumvention inquiry
request in the ongoing circumvention inquiry.\7\ For a complete
description of events that followed the initiation of this
circumvention inquiry, see the Preliminary Decision Memorandum.\8\
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\1\ See 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).
\2\ 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).
\3\ See Memorandum, ``Respondent Selection,'' dated September 5,
2024.
\4\ See Memorandum, ``Receipt of Covered Merchandise Referral
and Placement of Covered Merchandise Referral Documents on the
Record,'' dated January 7, 2025.
\5\ Id.
\6\ See Monosodium Glutamate from the People's Republic of
China: Notice of Intent To Address Covered Merchandise Referral In
Ongoing Circumvention Inquiry, 90 FR 3183 (January 14, 2025).
\7\ Id.
\8\ See Memorandum, ``Preliminary Decision Memorandum for the
Circumvention Inquiry of the Antidumping Duty Order on Monosodium
Glutamate from the People's Republic of China,'' dated concurrently
with, and hereby adopted by, this notice (Preliminary Decision
Memorandum).
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Scope of the Order
The scope of this order covers MSG, whether or not blended or in
solution with other products. For a complete description of the scope
of the Order, see the Preliminary Decision Memorandum.
Merchandise Subject to the Circumvention Inquiry
This circumvention inquiry covers MSG finished in Malaysia using
glutamic acid produced in China and subsequently exported from Malaysia
to the United States (inquiry merchandise).
Methodology
Commerce is conducting this circumvention inquiry in accordance
with section 781(b) of the Act, and 19 CFR 351.226(i). Because China is
a non-market economy country within the meaning of section 771(18) of
the Act, Commerce relied on surrogate values to value the purchases of
Chinese inputs, as discussed in section 773(c) of the Act. Commerce
relied on facts available under section 776(a) of the Act, including
facts available with adverse inferences under section 776(b) of the Act
with respect the following companies (the non-responsive companies)
that did not timely respond to Commerce's quantity and value
questionnaire: Ajinoriki MSG Sdn Bhd, Aruni Enterprise M Sdn Bhd,
Habita Foods Industries Sdn Bhd, Delisauce World Foods Sdn Bhd,
Suntraco Food Industries Sdn Bhd, Yeo Hiap Seng (Malaysia) Berhad,
Bidor Kwong Heng Sdn Bhd, and Scigate Industries 002998063-A. Based on
facts available
[[Page 10069]]
with an adverse inference, Commerce preliminarily determines that
finished MSG exported by the non-responsive companies is completed in
Malaysia using glutamic acid produced in China, and thus, is
circumventing the Order. Furthermore, as adverse facts available (AFA),
Commerce has preliminary determined to suspend liquidation and require
a cash deposit of estimated duties at the applicable rate for each
unliquidated entry of the product not yet suspended, entered, or
withdrawn from warehouse for consumption prior to the date of
publication of the notice of initiation of the inquiry.
For a complete description of the methodology underlying this
circumvention inquiry, see the Preliminary Decision Memorandum. A list
of topics included in the Preliminary Decision Memorandum is included
as Appendix I to this notice. The Preliminary Decision Memorandum is a
public document and is on file electronically via Enforcement and
Compliance's Antidumping and Countervailing Duty Centralized Electronic
Service System (ACCESS). ACCESS is available to registered users at
https://access.trade.gov. In addition, a complete version of the
Preliminary Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
As detailed in the Preliminary Decision Memorandum, Commerce
preliminarily determines that MSG assembled or completed in Malaysia
using glutamic acid produced in China and subsequently exported from
Malaysia to the United States is circumventing the Order on a country-
wide basis. As a result, in accordance with section 781(b) of the Act,
we preliminarily determine that the inquiry merchandise should be
included within the scope of the Order. See the ``Suspension of
Liquidation and Cash Deposit Requirements'' section below for details
regarding suspension of liquidation and cash deposit requirements. See
the ``Certifications'' and ``Certification Requirements'' sections
below for details regarding the use of certifications for inquiry
merchandise imported from Malaysia.
Suspension of Liquidation
Based on the preliminary affirmative country-wide determination of
circumvention, in accordance with 19 CFR 351.226(l)(2)(i) and (ii),
Commerce will direct CBP to continue the suspension of liquidation of
previously suspended entries, and to suspend liquidation and require a
cash deposit of estimated antidumping duties on unliquidated entries of
inquiry merchandise that were entered, or withdrawn from warehouse, for
consumption on or after May 15, 2024, the date of publication of the
initiation of this circumvention inquiry in the Federal Register.\9\
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\9\ See Initiation Notice.
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Moreover, pursuant to 19 CFR 351.226(l)(2)(iii)(B), because
Commerce is addressing a covered merchandise referral in this
circumvention inquiry, the suspension of liquidation rules under 19 CFR
351.227(l)(2)(iii) apply. Under that section, Commerce ``normally will
direct {CBP{time} to begin the suspension of liquidation and require a
cash deposit of estimated duties, at the applicable rate, for each
unliquidated entry of the product not yet suspended, entered, or
withdrawn from warehouse, for consumption prior to the date of
publication of the notice of initiation of the covered merchandise
inquiry.'' \10\ As such, with respect to Ajinoriki, Commerce will
direct CBP to begin suspension of liquidation and require a cash
deposit on unliquidated entries entered, or withdrawn from warehouse,
prior to May 15, 2024. Likewise, Commerce is also directing CBP, as
AFA, to begin suspension of liquidation and require a cash deposit on
the unliquidated entries of the non-responsive companies entered or
withdrawn from warehouse prior to May 15, 2024.\11\
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\10\ 19 CFR 351.227(l)(2)(iii).
\11\ As noted above, based on AFA, Commerce preliminarily
determines that finished MSG exported by the non-responsive
companies are circumventing the Order and that it is appropriate to
suspend liquidation and require cash deposits of entries made prior
to the date of publication of the notice of initiation of the
circumvention inquiry.
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MSG produced in Malaysia that does not use Chinese-produced
glutamic acid is not subject to this inquiry. Therefore, cash deposits
are not required for such merchandise under the Order. If an importer
imports MSG from Malaysia and claims that the MSG was not produced with
Chinese-produced glutamic acid, to not be subject to the suspension of
liquidation and cash deposit requirements under the Order, the importer
is required to meet the certification and documentation requirements
described in the ``Certifications'' and ``Certification Requirements''
sections below.
Where no certification is provided for an entry, and the Order
potentially applies to that entry, Commerce intends to instruct CBP to
suspend the liquidation of the entry under CBP case number A-557-992-
000. Further, Commerce intends to instruct CBP to collect a cash
deposit for estimated antidumping duties at a rate equal to the cash
deposit rate for the China-wide entity, i.e., 56.54 percent.\12\ These
suspension of liquidation and cash deposit requirements will remain in
effect until further notice.
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\12\ See Monosodium Glutamate from the People's Republic of
China: Final Results of Antidumping Duty Administrative Review;
2017-2018, 85 FR 9736 (February 20, 2020).
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Certified Entries
An entry for which the importer has met the certification
requirements described below and in Appendix II to this notice will not
be subject to either the suspension of liquidation or the cash deposit
requirements described above. Failure to comply with the applicable
requisite certification requirements may result in the merchandise
being subject to the Order.
Certifications
To administer the preliminary affirmative country-wide
determination of circumvention, Commerce has established importer and
exporter certifications as provided in Appendix II to this notice.
These certifications will permit importers and exporters to establish
that specific entries of MSG from Malaysia are not subject to
suspension of liquidation or the collection of cash deposits pursuant
to this preliminary country-wide affirmative determination of
circumvention because the merchandise was processed in Malaysia and
does not incorporate Chinese-produced glutamic acid. Importers and
exporters that claim that an entry of MSG is not subject to suspension
of liquidation or the collection of cash deposits because the
merchandise was processed in Malaysia and does not incorporate Chinese-
produced glutamic acid must certify that the imported MSG satisfies the
requirements of these certification requirements as described in
Appendix II of this notice.
Certification Requirements
Importers are required to complete and maintain the applicable
importer certification, and maintain a copy of the applicable exporter
certification, and retain all supporting documentation for both
certifications. The importer certification must be completed, signed,
and dated by the time the entry summary is filed for the relevant
entry. The importer, or the importer's agent, must submit both the
importer's certification and the exporter's certification to CBP as
part of the entry process by uploading them into the document imaging
system (DIS) in the Automated Commercial Environment (ACE). Where the
importer uses a broker
[[Page 10070]]
to facilitate the entry process, the importer should obtain the entry
summary number from the broker. Agents of the importer, such as
brokers, however, are not permitted to certify on behalf of the
importer.
Exporters are required to complete and maintain the applicable
exporter certification and provide the importer with a copy of that
certification and all supporting documentation (e.g., invoice, purchase
order, production records, etc.). The exporter certification must be
completed, signed, and dated by the time of shipment of the relevant
entries. The exporter certification must be completed by the party
selling the MSG that was processed in Malaysia and then exported to the
United States.
Additionally, the claims made in the certifications and any
supporting documentation are subject to verification by Commerce and/or
CBP. Importers and exporters are required to maintain the
certifications and supporting documentation until the later of: (1) the
date that is five years after the latest entry date of the entries
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.
For all entries of MSG from Malaysia that were entered, or
withdrawn from warehouse, for consumption during the period May 15,
2024 (the date of publication of the initiation of this circumvention
inquiry), through the date of publication of the preliminary
determination in the Federal Register, where the entry has not been
liquidated (and entries for which liquidation has not become final),
the relevant certification should be completed and signed as soon as
practicable, but not later than April 7, 2025. For such entries,
importers and exporters each have the option to complete a blanket
certification covering multiple entries, individual certifications for
each entry, or a combination thereof. The exporter must provide the
importer with a copy of the exporter certification by April 7, 2025.
For unliquidated entries (and entries for which liquidation has not
become final) of MSG from Malaysia that were declared as non-AD type
entries (e.g., type 01) and entered, or withdrawn from warehouse, for
consumption in the United States during the applicable period of
suspension of liquidation described above, through the date of
publication of the preliminary determination in the Federal Register,
for which none of the above certifications may be made, importers must
file a Post Summary Correction with CBP, in accordance with CBP's
regulations, regarding conversion of such entries from non-AD type
entries to AD type entries (e.g., type 01 to type 03). Importers must
report those AD type entries using the following third-country case
number: A-557-992-000. The importer must pay cash deposits on those
entries at a rate equal to the cash deposit rate for the China-wide
entity under the Order consistent with the regulations governing post
summary corrections that require payment of additional duties.
If it is determined that an importer or an exporter has not met the
certification or related documentation requirements for certain
entries, Commerce intends to instruct CBP to suspend, pursuant to this
preliminary affirmative country-wide determination of circumvention of
the Order, all unliquidated entries for which these requirements have
not been met and to require the importer to post applicable cash
deposits equal to the rate noted above.
Interested parties may comment on these certification requirements,
and on the certification language contained in Appendix II to this
notice in their case briefs.
Verification
As provided in 19 CFR 351.226(f)(3), Commerce intends to verify the
information relied upon in making its final determination.
Public Comment and Request for Hearing
Case briefs or other written comments should be submitted to the
Assistant Secretary for Enforcement and Compliance no later than seven
days after the date on which any verification report is issued.
Rebuttal briefs, limited to issues raised in case briefs, may be
submitted no later than five days after the deadline for case
briefs.\13\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who
submit case briefs or rebuttal briefs in these circumvention inquiries
must submit: (1) a statement of the issue; and (2) a table of
authorities.
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\13\ See 19 CFR 351.309(d); see also Administrative Protective
Order, Service, and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069 (September 29, 2023)
(APO and Service Final Rule).
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As provided in 19 CFR 351.309(c)(2) and (d)(2), in prior segments
we have encouraged interested parties to provide an executive summary
of their brief that should be limited to five pages total, including
footnotes. In this circumvention inquiry, we instead request that
interested parties provide at the beginning of their briefs, a public
executive summary for each issue raised in their briefs.\14\ Further,
we request that interested parties limit their public executive summary
of each issue to no more than 450 words, not including citations. We
intend to use the public executive summaries as the basis of the
comment summaries included in the issues and decision memorandum that
will accompany the final determination in this circumvention inquiry.
We request that interested parties include footnotes for relevant
citations in the public executive summary of each issue. Note that
Commerce has amended certain of its requirements pertaining to the
service of documents in 19 CFR 351.303(f).\15\
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\14\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\15\ See APO and Service Final Rule.
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce, within 30 days
after the date of publication of this notice in the Federal Register,
filed electronically via ACCESS. Hearing requests should contain: (1)
the party's name, address, and telephone number; (2) the number of
participants and whether any participant is a foreign national; and (3)
a list of the issues to be discussed. Issues raised in the hearing will
be limited to issues raised in the respective case briefs.\16\ If a
request for a hearing is made, Commerce intends to hold the hearing at
a date and time to be determined and will notify the parties through
ACCESS.\17\ Parties should confirm the date, time, and location of the
hearing two days before the scheduled date. All submissions, including
case and rebuttal briefs, as well as hearing requests, should be filed
using ACCESS. An electronically-filed document must be received
successfully in its entirety by ACCESS by 5:00 p.m. Eastern Time on the
established deadline.
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\16\ See 19 CFR 351.310.
\17\ See 19 CFR 351.310(d).
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U.S. International Trade Commission (ITC) Notification
Consistent with section 781(e) of the Act, Commerce will notify the
ITC of this preliminary determination to include the merchandise
subject to this circumvention inquiry within the Order. Pursuant to
section 781(e) of the Act, the ITC may request consultations concerning
Commerce's proposed inclusion of the inquiry merchandise. If,
[[Page 10071]]
after consultations, the ITC believes that a significant injury issue
is presented by the proposed inclusion, it will have 60 days from the
date of notification by Commerce to provide written advice.
Notification to Interested Parties
Commerce is issuing and publishing this determination in accordance
with section 781(b) of the Act and 19 CFR 351.226(g)(1).
Dated: February 14, 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 I--Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Merchandise Subject to the Circumvention Inquiry
V. Period of Inquiry
VI. Use of Facts Otherwise Available and Application of Adverse
Inferences
VII. Surrogate Country and Valuation Methodology for Inputs From
China
VIII. Statutory Framework
IX. Statutory Analysis
X. Other Statutory Criteria
XI. Summary of Statutory Analysis
XII. Certification Process and Country-Wide Affirmative
Determination of Circumvention
XIII. Recommendation
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
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 and signed on, or prior to, the
date of the entry summary if the entry date is more than 14 days
after the date of publication of the notice of Commerce's
preliminary determination of circumvention in the Federal Register.
If the entry date is on or before the 14th day after the date of
publication of the notice of Commerce's preliminary determination of
circumvention in the Federal Register, this certification was
completed and signed by no later than 45 days after publication of
the notice of Commerce's preliminary determination of circumvention
in the Federal Register.
(N) I am aware that U.S. law (including, but not limited to, 18
U.S.C. Sec. 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 #:
[[Page 10072]]
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 and signed, and a copy of
the certification was provided to the importer, on, or prior to, the
date of shipment if the shipment date is more than 14 days after the
date of publication of the notice of Commerce's preliminary
determination of circumvention in the Federal Register. If the
shipment date is on or before the 14th day after the date of
publication of the notice of Commerce's preliminary determination of
circumvention in the Federal Register, this certification was
completed and signed, and a copy of the certification was provided
to the importer, by no later than 45 days after publication of the
notice of Commerce's preliminary determination of circumvention in
the Federal Register.
(M) I am aware that U.S. law (including, but not limited to, 18
U.S.C.Sec. 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. 2025-02924 Filed 2-20-25; 8:45 am]
BILLING CODE 3510-DS-P