BILLING CODE: 3510-DS-P
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-831]
Fresh Garlic from the People’s Republic of China: Affirmative Final Determination of
Circumvention of the Antidumping Duty Order
AGENCY:

Enforcement and Compliance, International Trade Administration, Department of
Commerce.

SUMMARY: The U.S. Department of Commerce (Commerce) determines that small and large
garlic chunks produced in the People’s Republic of China (China) and exported to the United
States constitute merchandise altered in form or appearance in such minor respects that they
should be included within the scope of the antidumping duty (AD) order on fresh garlic from
China. As a result, small and large garlic chunks will be subject to suspension of liquidation
effective June 8, 2023.
DATES: Applicable [INSERT DATE OF PUBLICATION IN THE FEDERAL REGISTER].
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) 4821246.
SUPPLEMENTARY INFORMATION:
Background
On November 14, 2023, Commerce published the Preliminary Determination of the
circumvention inquiry of the AD order on fresh garlic from China, in which Commerce
determined that imports of small and large garlic chunks from China are circumventing the

Order.1 We invited parties to comment on the Preliminary Determination and received timely
filed comments and rebuttal comments from interested parties.2 On April 2, 2024, Commerce
extended the deadline for the final determination until June 7, 2024.3
For a complete description of events that followed the Preliminary Determination, as
well as a full discussion of the issues raised by parties for consideration in the final
determination, see the Issues and Decision Memorandum.4 The Issues and 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 Issues and Decision Memorandum can be accessed directly at
https://access.trade.gov/public/FRNoticesListLayout.aspx.
Scope of the Order
The merchandise covered by the Order is fresh garlic from China. The subject garlic is
currently classifiable under subheadings 0703.20.0005, 0703.20.0010, 0703.20.0015,
0703.20.0020, 0703.20.0000, 0703.20.0090, 0710.80.7060, 0710.80.97500, 0711.90.6000,
0711.90.6500, 2005.90.9500, 2005.90.9700, and 2005.99.9700 of the Harmonized Tariff
Schedule of the United States (HTSUS). Although the HTSUS subheadings are provided for
convenience and customs purposes, our written description of the scope of the Order is

See Antidumping Duty Order: Fresh Garlic from the People’s Republic of China, 59 FR 59209 (November 16,
1994) (Order); see also Fresh Garlic from the People’s Republic of China: Preliminary Affirmative Determination
of Circumvention, 88 FR 77959 (November 14, 2023) (Preliminary Determination), and accompanying Preliminary
Decision Memorandum (PDM).
2 See Green Garden Produce, LLC’s Letter, “Green Garden Produce, LLC’s Comments on Commerce’s Preliminary
Affirmative Determination of the Circumvention for Small and Large Garlic Chunks,” dated December 5, 2023; see
also the Fresh Garlic Producers Association and its individual members’ Letter, “Petitioners’ Rebuttal to Green
Garden’s Comments on Preliminary Affirmative Determination of Circumvention,” dated December 19, 2023; see
also I Love Produce, LLC’s Letter, “Rebuttal Comments to Green Garden’s Comments on DOC’s Preliminary
Affirmative Circumvention Determination,” dated December 19, 2023.
3 See Memorandum, “Extension of Deadline for Final Results of Circumvention Inquiry,” dated April 2, 2024.
4 See Memorandum, “Issues and Decision Memorandum for the Final Affirmative Circumvention Determination of
the Antidumping Duty Order on Fresh Garlic from the People’s Republic of China,” dated concurrently with, and
hereby adopted by, this notice (Issues and Decision Memorandum).
dispositive. For a complete description of the scope of the Order, see the Issues and Decision
Memorandum.
Merchandise Subject to the Circumvention Inquiry
This circumvention inquiry covers small and large garlic chunks produced in China and
exported to the United States. A complete description of the merchandise subject to the
circumvention inquiry is contained in the Issues and Decision Memorandum.
Methodology
Commerce is conducting this circumvention inquiry pursuant to section 781(c) of the
Tariff Act of 1930, as amended (the Act) and 19 CFR 351.226(j). For a complete description of
the methodology underlying the final determination, see the Issues and Decision Memorandum.
A list of topics discussed in the Issues and Decision Memorandum is attached as an appendix to
this notice.
Changes Since the Preliminary Determination
All issues raised in the case and rebuttal briefs by parties in these inquiries are addressed
in the Issues and Decision Memorandum. Based on our analysis of the comments received from
interested parties, we made no change to the Preliminary Determination.
Final Circumvention Determination
As detailed in the Issues and Decision Memorandum, we determine that small and large
garlic chunks produced in China and exported to the United States constitute merchandise altered
in form or appearance in such minor respects that they should be included within the scope of the
Order, pursuant to section 781(c) of the Act and 19 CFR 351.226(j). We also determine that this
affirmative circumvention finding should be applied on a country-wide basis. For a detailed
explanation of our determinations with respect to small and large garlic chunks, see the
Preliminary Determination PDM and the Issues and Decision Memorandum.
Suspension of Liquidation and Cash Deposit Requirements

In accordance with 19 CFR 351.226(l)(3), based on this affirmative final determination,
Commerce will direct U.S. Customs and Border Protection (CBP) to continue the suspension of
liquidation of previously suspended entries and to suspend liquidation and require a cash deposit
of estimated duties on unliquidated entries of small and large garlic chunks produced in and
exported from China that are entered, or withdrawn from warehouse, for consumption on or after
June 8, 2023 (i.e., the date of the publication of the Initiation Notice5). Pursuant to 19 CFR
351.226(l)(3), we will also instruct CBP to require AD cash deposit rates in effect for fresh garlic
for each unliquidated entry of small and large garlic chunks produced in and exported from
China that have been entered, or withdrawn from warehouse, for consumption on or after June 8,
2023 (i.e., the date of the initiation of this inquiry).6 The suspension of liquidation instructions
and cash deposit requirements will remain in effect until further notice.
Opportunity to Request an Administrative Review
Each year during the anniversary month of the publication of an AD or countervailing
duty (CVD) order, finding, or suspended investigation, an interested party, as defined in section
771(9) of the Act, may request, in accordance with 19 CFR 351.213, that Commerce conduct an
administrative review of that AD or CVD order, finding, or suspended investigation. An
interested party who would like Commerce to conduct an administrative review should wait until
Commerce announces via the Federal Register the next opportunity during the anniversary
month of the publication of the Order to submit such requests. The anniversary month for this
Order is November.
Administrative Protective Order
This notice will serve as the only reminder to all parties subject to an administrative
protective order (APO) of their responsibility concerning the destruction of proprietary
information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written

See Fresh Garlic from the People’s Republic of China: Initiation of Circumvention Inquiry on the Antidumping
Duty Order, 88 FR 37510 (June 8, 2023) (Initiation Notice).
6 See Order.
notification of the return or destruction of APO materials or conversion to judicial protective
order is hereby requested. Failure to comply with the regulations and terms of an APO is a
sanctionable violation.
Notification to Interested Parties
This determination is issued and published in accordance with section 781(c) of the Act
and 19 CFR 351.226(g)(2).
Dated: June 7, 2024.
Ryan Majerus,
Deputy Assistant Secretary
for Policy and Negotiations,
performing the non-exclusive functions and duties
of the Assistant Secretary for Enforcement and Compliance.

Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I.
II.
III.
IV.
V.
VI.

VII.

Summary
Background
Scope of the Order
Merchandise Subject to the Circumvention Inquiry
Period of the Circumvention Inquiry
Discussion of the Issues
Comment 1: Whether the Inquiry Merchandise Is Excluded from the Order Due to
Preservation by the Addition of Other Ingredients
Comment 2: Whether the Inquiry Merchandise Is Excluded from the Order by being
“Further Processed”
Comment 3: Whether the Inquiry Merchandise Has Undergone Minor Alteration
Recommendation

[FR Doc. 2024-13044 Filed: 6/12/2024 8:45 am; Publication Date: 6/13/2024]