Garlic in Brine Not Covered by AD Order on Fresh Garlic, Commerce Says
Whole garlic cloves in brine imported by International Golden Foods aren't subject to an antidumping duty order on fresh garlic from China, the Commerce Department said in an Aug. 29 scope ruling.
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It noted that both the importer and petitioner agreed on that point, but that the petitioner had requested clarification regarding a 2024 scope ruling on garlic imported by Roland Foods.
The AD order cover all garlic grades, whole or in cloves, prepared in various ways -- in other words, not just fresh garlic. However, they exclude garlic that has been “prepared or preserved by the addition of other ingredients or heat processing” or has been mechanically harvested and “primarily, but not exclusively, destined for non-fresh use.”
Because International Golden Foods’ garlic is pickled in brine, an additional ingredient, it isn’t subject to the order, Commerce held. The importer also argued that its garlic was exempt because it is mechanically harvested and heat-processed, but the department said there was nothing on the record to support either claim.
Petitioner Fresh Garlic Producers Association argued that Commerce’s finding in the Roland Foods scope ruling had been partly incorrect. Commerce decided in that ruling that Roland Foods’ garlic, which the importer also said was preserved in brine and mechanically harvested, was exempt from AD because of both the garlic’s additional ingredients and its harvesting technique. The petitioner asked the department to rule that International Golden Foods’ garlic was exempt from the order solely due to the added brine.