Pickled Garlic Not Subject to AD on Fresh Garlic From China

March 5, 2024 by Kathryn Nucci|AD/CV - Patent

Whole garlic cloves in brine imported from China by Roland Goods aren't subject to an antidumping duty order on fresh garlic from China, the Commerce Department said in a March 1 scope ruling.

The AD order covers “all grades of garlic,” including cloves that are “peeled, fresh, chilled, frozen, provisionally preserved, or packed in water or other neutral substances, but not prepared or preserved by the addition of other ingredients or heat processing,” Commerce said. The order makes an exception for garlic that's mechanically harvested and “primarily destined for non-fresh use,” it said.

The ruling described Roland Foods’ garlic as “a pickled product with a ‘garlic flavor’ and sweetness that makes them ‘ideal to serve right out of the jar,” commonly used as a condiment or included with a charcuterie board. The pickling solution is a combination of water and salt, it said.

Commerce said that it needed to look only to the scope's plain language to make its ruling. The scope makes a specific exception for garlic preserved “by the addition of other ingredients,” as Roland Foods’ garlic is.

Roland Foods’ garlic is also exempted from the order because it's mechanically harvested and not intended to be used while fresh, Commerce said.

The department said it doesn't matter that the language of the order specifically covers Harmonized Tariff Schedule heading 2005.90.9500, which, since changes to the HTS, is now described under the HTS heading 2005.99.9700 -- the section under which Roland Foods’ garlic is imported. HTS headings are provided in orders for “convenience and customs purposes, but the “written descriptions of the scope of the Order is dispositive,” Commerce said.

“While it may be true that Roland Foods’ garlic is imported under a subheading that matches the wording of a subheading listed in the original Order, in this case the record is clear that Roland Foods’ whole garlic cloves (in brine) are excluded by the plain language of the scope of the Order,” it said.