Notice2026-04697
Fresh Garlic From the People's Republic of China: Notice of Court Decision Not in Harmony With Final Scope Ruling and Notice of Amended Final Scope Ruling Pursuant to Court Decision
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
March 10, 2026
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
On February 23, 2026, the U.S. Court of International Trade (the Court) issued its final judgment in Export Packers Company Limited v. United States, Court No. 24-00061, sustaining the U.S. Department of Commerce (Commerce)'s remand redetermination pertaining to the final scope ruling of the antidumping duty order on fresh garlic from the People's Republic of China (China). In the underlying scope ruling, Commerce determined that individually quick frozen (IQF) cooked garlic cloves imported by Export Packers Company Limited (Export Packers) were covered by the scope of the order. Commerce is notifying the public that the Court's final judgment is not in harmony with Commerce's final scope ruling, and that Commerce's final scope ruling finds that Export Packers' IQF cooked garlic cloves are outside the scope of the order.
Full Text
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<title>Federal Register, Volume 91 Issue 46 (Tuesday, March 10, 2026)</title>
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[Federal Register Volume 91, Number 46 (Tuesday, March 10, 2026)]
[Notices]
[Pages 11512-11513]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-04697]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-831]
Fresh Garlic From the People's Republic of China: Notice of Court
Decision Not in Harmony With Final Scope Ruling and Notice of Amended
Final Scope Ruling Pursuant to Court Decision
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On February 23, 2026, the U.S. Court of International Trade
(the Court) issued its final judgment in Export Packers Company Limited
v. United States, Court No. 24-00061, sustaining the U.S. Department of
[[Page 11513]]
Commerce (Commerce)'s remand redetermination pertaining to the final
scope ruling of the antidumping duty order on fresh garlic from the
People's Republic of China (China). In the underlying scope ruling,
Commerce determined that individually quick frozen (IQF) cooked garlic
cloves imported by Export Packers Company Limited (Export Packers) were
covered by the scope of the order. Commerce is notifying the public
that the Court's final judgment is not in harmony with Commerce's final
scope ruling, and that Commerce's final scope ruling finds that Export
Packers' IQF cooked garlic cloves are outside the scope of the order.
DATES: Applicable March 5, 2026.
FOR FURTHER INFORMATION CONTACT: Charles DeFilippo 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) 482-3797 or (202)
482-0981, respectively.
SUPPLEMENTARY INFORMATION:
Background
On February 21, 2024, Commerce issued its Final Scope Ruling
finding that Export Packers' IQF cooked garlic cloves were covered by
the scope of the Order.\1\ Export Packers appealed Commerce's Final
Scope Ruling. On April 18, 2025, the Court remanded the Final Scope
Ruling to Commerce, holding that: (1) based on its reading of the plain
language of the scope of the Order, Export Packers' IQF cooked garlic
cloves are ``clearly prepared by heat processing and physically
transformed by that process;'' (2) Commerce improperly focused on the
Trinity and Amexim scope rulings in its analysis pursuant to 19 CFR
351.225(k)(1), which analyzed blanched garlic, whereas the inquiry
merchandise is ``cooked'' garlic; (3) Commerce's reliance on the
Trinity and Amexim scope rulings in its analysis of the inquiry
merchandise's physical characteristics under 19 CFR 351.225(k)(2) was
``plainly unreasonable''; and (4) Commerce's remaining analysis of the
factors listed in 19 CFR 351.225(k)(2) was not supported by substantial
evidence.\2\
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\1\ See Memorandum, ``Final Scope Ruling on Export Packers'
Certain Individually Quick Frozen Cooked Garlic Cloves,'' dated
February 21, 2024 (Final Scope Ruling); see also Antidumping Duty
Order: Fresh Garlic from the People's Republic of China, 59 FR 59209
(November 16, 1994) (Order).
\2\ See Export Packers Company Limited v. United States, 780 F.
Supp. 3d 1342 (CIT 2025) (Remand Order).
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In its final remand redetermination, issued on December 9, 2025,
Commerce found, under protest, the Export Packers' IQF cooked garlic
cloves to be outside the scope of the Order.\3\ On February 23, 2026,
the Court sustained Commerce's final redetermination.\4\
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\3\ See Final Results of Redetermination Pursuant to Court
Remand, Export Packers Company Limited v. United States, Court No.
24-00061, Slip Op. 25-45, dated April 18, 2025 (Final Remand).
\4\ See Export Packers Company Limited v. United States, Slip
Op. 26-19 (CIT February 23, 2026).
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Timken Notice
In its decision in Timken,\5\ as clarified by Diamond Sawblades,\6\
the U.S. Court of Appeals for the Federal Circuit held that, pursuant
to sections 516A(c) and (e) of the Tariff Act of 1930, as amended (the
Act), Commerce must publish a notice of court decision that is not ``in
harmony'' with a Commerce determination and must suspend liquidation of
entries pending a ``conclusive'' court decision. The Court's February
23, 2026, judgment constitutes a final decision of the Court that is
not in harmony with Commerce's Final Scope Ruling. Thus, this notice is
published in fulfillment of the publication requirements of Timken.
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\5\ See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir.
1990) (Timken).
\6\ See Diamond Sawblades Manufacturers Coalition v. United
States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).
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Amended Final Scope Ruling
In accordance with the Court's February 23, 2026, final judgment,
Commerce is providing notice of its Final Scope Ruling, finding that
Export Packers' IQF cooked garlic cloves are outside the scope of the
Order.
Liquidation of Suspended Entries
Commerce will instruct U.S. Customs and Border Protection (CBP)
that, pending any appeals, the cash deposit rate will be zero percent
for entries of IQF cooked garlic cloves imported by Export Packers. In
the event that the CIT's final judgment is not appealed or is upheld on
appeal, Commerce will instruct CBP to lift suspension of liquidation of
such entries, and to liquidate entries of IQF cooked garlic cloves
imported by Export Packers without regard to antidumping duties.
Notification to Interested Parties
This notice is issued and published in accordance with sections
516A(c) and (e) and 777(i)(1) of the Act.
Dated: March 4, 2026.
Christopher Abbott,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
[FR Doc. 2026-04697 Filed 3-9-26; 8:45 am]
BILLING CODE 3510-DS-P
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