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[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]

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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\
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    \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).
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    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.
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    \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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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.
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    \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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    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
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