Preliminary determination of circumvention and affirmative preliminary covered merchandise determination - antidumping duty order on monosodium glutamate from the People's Republic of China (A-570-992)

1. This is a correction to message 5080401, dated 03/21/2025, to correct paragraph 5c, paragraph 5d, and the header of that message. 2. Paragraph 5c and 5d of message 5080401 contain incorrect information about the date on or after which Commerce has established a certification requirement. Specifically, the aforementioned paragraphs identify an incorrect date as the date on which certifications would be required for entries to not require antidumping duty cash deposits. This date should instead be 5/15/2024 in both paragraphs 5c and 5d of that message. Moreover, the header of message 5080401 contains incorrect information regarding the effective date of the message. The corrected effective date is 11/04/2021. Below is the fully corrected message. The header of this message contains the correct information. 3. On 02/21/2025, Commerce issued a preliminary determination that MSG finished in Malaysia using glutamic acid produced in China, and subsequently exported from Malaysia to the United States is circumventing the antidumping duty order on monosodium glutamate from the People's Republic of China (A-570-992). See 90 FR 10068. On 01/14/2025, in response to a covered merchandise referral from U.S. Customs and Border Protection, Commerce initiated a covered merchandise inquiry to determine whether MSG finished in Malaysia using glutamic acid produced in China, and subsequently exported from Malaysia to the United States is covered by the scope of the antidumping duty order on MSG from China. Commerce is addressing CBP's covered merchandise referral in the ongoing circumvention inquiry. See 90 FR 3183. 4. Specifically, Commerce preliminarily determined that MSG finished in Malaysia using glutamic acid produced in China, and subsequently exported from Malaysia to the United States is covered by the scope of the order based on the totality of the circumstances with respect to the criteria described in section 781(b) of the Tariff Act of 1930, as amended. 5. This preliminary circumvention determination is applicable on a country-wide basis, regardless of foreign producer, exporter, or importer. 6. Suspension of Liquidation 6a. Continue to suspend liquidation of entries of MSG finished in Malaysia using glutamic acid produced in China, and subsequently exported from Malaysia to the United States that are already subject to the suspension of liquidation under the antidumping duty order on monosodium glutamate from the People's Republic of China in accordance with message 4144409, dated 05/23/2024. 6b. For all entries of MSG finished in Malaysia using glutamic acid produced in China and subsequently exported from Malaysia to the United States not already subject to the suspension of liquidation, CBP shall suspend liquidation, of (i) shipments entered, or withdrawn from warehouse, for consumption on or after 05/15/2024, and (ii) shipments entered, or withdrawn from warehouse, for consumption prior to 05/15/2024 but no earlier than November 4, 2021. CBP shall require, for such entries, a cash deposit at the applicable rate(s) in effect on the date of entry. Commerce established a third-country case number to allow MSG completed/assembled in Malaysia to be properly reported as subject to the order on monosodium glutamate from the People's Republic of China (A-570-992) upon entry. Third Country: Malaysia Case Number: A-557-992 Producer and/or Exporter: All Others Case Number: A-557-992-000 Cash Deposit Rate: 56.54% The third country AD/CVD case number(s) above have been assigned for CBP purposes. 6c. Entries of products covered by subparagraphs 6a and 6b should not be liquidated until specific liquidation instructions are issued. Any entries which are set for liquidation must be unset immediately. 7. Certification requirements 7a. Eligibility for Certification: Importers and exporters of monosodium glutamate produced in Malaysia are eligible for the certification process detailed below and in the preliminary determination (90 FR 10068, 02/21/2025, as corrected by 90 FR 12295, 03/17/2025), except for merchandise produced and/or exported by the companies noted in paragraph 7b., below. 7b. Entries of monosodium glutamate produced in Malaysia that is subsequently exported from Malaysia to the United States produced and/or exported by the following companies are not currently eligible for participation in the certification program established for exports of this merchandise: -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 -Scigate Industries 002998063-A 7c. Certification Requirements: For entries of monosodium glutamate produced in Malaysia that are subsequently exported from Malaysia to the United States that are entered, or withdrawn from warehouse, for consumption on or after 05/15/2024, the importer is required to meet the certification and documentation requirements detailed in the certifications below in order for no cash deposit to be required on such entries. 7d. Further, if CBP determines that the certification and/or documentation requirements identified have not been met (i.e., CBP determines the certification and/or documentation is deficient or otherwise unacceptable), for all entries of monosodium glutamate produced in Malaysia entered, or withdrawn from warehouse, for consumption on or after 05/15/2024, CBP shall suspend liquidation of all such entries as subject to the AD order, and shall require the importer to post applicable AD cash deposits. Such suspended entries will be liquidated pursuant to applicable administrative reviews of the monosodium glutamate from China AD order or through the automatic liquidation process. 8. Certifications IMPORTER CERTIFICATION I hereby certify that: (A) My name is {IMPORTING COMPANY OFFICIAL'S NAME} and I am an official of {NAME OF IMPORTING COMPANY}, located at {ADDRESS OF IMPORTING COMPANY}. (B) I have direct personal knowledge of the facts regarding the importation into the Customs territory of the United States of the monosodium glutamate (MSG) assembled or completed in Malaysia that entered under the entry summary number(s), identified below, and are covered by this certification. "Direct personal knowledge" refers to facts the certifying party is expected to have in its own records. For example, the importer must have direct personal knowledge of the importation of the product, including the exporter's and/or foreign seller's identity and location. (C) If the importer is acting on behalf of the first U.S. customer, include the following sentence as paragraph C of this certification: The MSG covered by this certification was imported by {IMPORTING COMPANY} on behalf of {U.S. CUSTOMER}, located at {ADDRESS OF U.S. CUSTOMER}. If the importer is not acting on behalf of the first U.S. customer, include the following sentence as paragraph C of this certification: {NAME OF IMPORTING COMPANY} is not acting on behalf of the first U.S. customer. (D) The MSG covered by this certification was shipped to {NAME OF PARTY IN THE UNITED STATES TO WHOM THE MERCHANDISE WAS FIRST SHIPPED}, located at {U.S. ADDRESS TO WHICH MERCHANDISE WAS SHIPPED}. (E) I have personal knowledge of the facts regarding the production of the imported products covered by this certification. "Personal knowledge" includes facts obtained from another party, (e.g., correspondence received by the importer (or exporter) from the producer regarding the source of the inputs (i.e., glutamic acid) used to produce the imported MSG). (F) This certification applies to the following entries (repeat this block as many times as necessary): Entry Summary #: Entry Summary Line Item #: Foreign Seller: Foreign Seller's Address: Foreign Seller's Invoice #: Foreign Seller's Invoice Line Item #: Country of Origin of Glutamic Acid: Producer: Producer's Address: (G) The MSG covered by this certification was not produced using glutamic acid produced in the People's Republic of China. (H) I understand that {IMPORTING COMPANY} is required to maintain a copy of this certification and sufficient documentation supporting this certification (i.e., documents maintained in the normal course of business, or documents obtained by the certifying party, for example, certificates of origin, product data sheets, mill test reports, productions records, invoices, etc.) until the later of: (1) the date that is five years after the date of the latest entry covered by the certification; or (2) the date that is three years after the conclusion of any litigation in the United States courts regarding such entries. (I) I understand that {IMPORTING COMPANY} is required to maintain a copy of the exporter's certification (attesting to the production and/or exportation of the imported merchandise identified above), and any supporting documentation provided to the importer by the exporter, until the later of: (1) the date that is five years after the date of the latest entry covered by the certification; or (2) the date that is three years after the conclusion of any litigation in United States courts regarding such entries. (J) I understand that {IMPORTING COMPANY} is required to submit a copy of the importer and exporter certifications as part of the entry summary by uploading them into the document imaging system (DIS) in ACE, and to provide U.S. Customs and Border Protection (CBP) and/or the U.S. Department of Commerce (Commerce) with the importer certification, and any supporting documentation, and a copy of the exporter's certification, and any supporting documentation provided to the importer by the exporter, upon request of either agency. (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. Section1001) imposes criminal sanctions on individuals who knowingly and willfully make material false statements to the U.S. government. Signature {NAME OF COMPANY OFFICIAL} {TITLE OF COMPANY OFFICIAL} {DATE} EXPORTER CERTIFICATION The party that made the sale to the United States must fill out the exporter certification. I hereby certify that: (A) My name is {COMPANY OFFICIAL'S NAME} and I am an official of {NAME OF FOREIGN COMPANY THAT MADE THE SALE TO THE UNITED STATES); located at {ADDRESS OF FOREIGN COMPANY THAT MADE THE SALE TO THE UNITED STATES). (B) I have direct personal knowledge of the facts regarding the production and exportation of the monosodium glutamate (MSG) for which sales are identified below. "Direct personal knowledge" refers to facts the certifying party is expected to have in its own records. For example, an exporter must have direct personal knowledge of the producer's identity and location. (C) The MSG covered by this certification was shipped to {NAME OF PARTY IN THE UNITED STATES TO WHOM THE MERCHANDISE WAS FIRST SHIPPED}, located at {U.S. ADDRESS TO WHICH THE MERCHANDISE WAS SHIPPED}. (D) The MSG covered by this certification was not produced using glutamic acid produced in the People's Republic of China. (E) This certification applies to the following sales to {NAME OF U.S. CUSTOMER}, located at {ADDRESS OF U.S. CUSTOMER} (repeat this block as many times as necessary): Foreign Seller's Invoice # to U.S. Customer: Foreign Seller's Invoice to U.S. Customer Line item #: Producer Name: Producer's Address: Producer's Invoice # to Foreign Seller: (If the foreign seller and the producer are the same party, put NA here.) Name of Producer of Glutamic Acid: Location (Country) of Producer of Glutamic Acid: (F) The MSG covered by this certification was shipped to {NAME OF U.S. PARTY TO WHOM MERCHANDISE WAS SHIPPED}, located at {U.S. ADDRESS TO WHICH MERCHANDISE WAS SHIPPED}. (G) I understand that {NAME OF FOREIGN COMPANY THAT MADE THE SALE TO THE UNITED STATES} is required to maintain a copy of this certification and sufficient documentation supporting this certification (i.e., documents maintained in the normal course of business, or documents obtained by the certifying party, for example, product data sheets, mill test reports, productions records, invoices, etc.) until the later of: (1) the date that is five years after the latest date of the entries covered by the certification; or (2) the date that is three years after the conclusion of any litigation in the United States courts regarding such entries. (H) I understand that {NAME OF FOREIGN COMPANY THAT MADE THE SALE TO THE UNITED STATES} is required to provide the U.S. importer with a copy of this certification and is required to provide U.S. Customs and Border Protection (CBP) and/or the U.S. Department of Commerce (Commerce) with this certification, and any supporting documents, upon request of either agency. (I) I understand that the claims made herein, and the substantiating documentation, are subject to verification by CBP and/or Commerce. (J) I understand that failure to maintain the required certification and supporting documentation, or failure to substantiate the claims made herein, or not allowing CBP and/or Commerce to verify the claims made herein, may result in a de facto determination that all sales to which this certification applies are within the scope of the antidumping duty order on MSG from China. I understand that such a finding will result in: (i) suspension of all unliquidated entries (and entries for which liquidation has not become final) for which these requirements were not met; (ii) the importer being required to post the cash deposits determined by Commerce; and (iii) the seller/exporter no longer being allowed to participate in the certification process. (K) I understand that agents of the seller/exporter, such as freight forwarding companies or brokers, are not permitted to make this certification. (L) This certification was completed at time of shipment or within 45 days of the date on which Commerce published notice of its preliminary circumvention findings in the Federal Register. (M) I am aware that U.S. law (including, but not limited to, 18 U.S.C. Section1001) imposes criminal sanctions on individuals who knowingly and willfully make material false statements to the U.S. government. Signature {NAME OF COMPANY OFFICIAL} {TITLE OF COMPANY OFFICIAL} {DATE} 9. In accordance with 19 CFR 351.226(l)(5), this instruction does not affect or otherwise limit CBP's independent authority to take any additional action with respect to the suspension of liquidation or related measures. 10. If there are any questions by the importing public regarding this message, please contact the Call Center for the Office of AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, at (202) 482-0984. CBP ports should submit their inquiries through authorized CBP channels only. (This message was generated by OVII: JS/TC.) 11. There are no restrictions on the release of this information. Alexander Amdur