Diced Garlic Not Subject to AD Duties on Fresh Garlic From China, Commerce Says

Frozen diced garlic imported by Van Drunen is not subject to antidumping duties on fresh garlic from China (A-570-831), the Commerce Department said in a June 29 scope ruling. The agency said that the scope of the order covers garlic “whole or separated into constituent cloves” but does not have language including any type of garlic reduced in size beyond cloves, such as chopped or diced garlic.

The omission of diced garlic from the scope was intentional, Commerce said. During the original investigation, “there was some debate about including garlic reduced in size within the scope during the investigation,” Commerce said, citing a previous scope ruling involving minced garlic imported by General Mills. The petitioners “did not want to broaden the scope to include further processed or preserved garlic; e.g., dried garlic, minced garlic, or garlic flakes or powder,’’ Commerce said.

Petitioners alleged AD duties should cover the diced garlic from Van Drunen because the dicing is only a minor alteration. “The petitioners do not explain why they believe the alterations resulting in diced garlic are minor and only state that it seems ‘evident,’” Commerce said. “Further, as explained above, language from the investigation indicates that garlic reduced in size, such as minced garlic, is garlic subject to a type of processing sufficient to remove it from the scope of the Order,” it said. “Because we find that diced garlic is also garlic reduced in size, we determine that, similar to minced garlic, diced garlic is not covered by the scope of the Order.”