Affirmative final scope ruling - antidumping duty order on fresh garlic from the People's Republic of China (A-570-831)

1. On 02/21/2024, Commerce issued a final scope ruling that individually quick frozen (IQF) cooked garlic cloves imported by Export Packers Company Limited (Export Packers) are covered by the scope of the antidumping duty order on fresh garlic from the People's Republic of China (China) (A-570-831). 2. Specifically, Commerce determined that Export Packers' IQF cooked garlic cloves are covered by the scope of the order because the IQF cooked garlic cloves: (1) have certain physical characteristics that differ from the subject merchandise but are not considered "prepared" by "heat processing;" (2) have similar expectations of use as subject merchandise due to the marketing and advertising of the product; (3) are used as a food or seasoning which is the same use as subject merchandise; (4) are sold to retailers through the same channel of trade (i.e., other seasonings, flavorings, and food ingredients) as the subject merchandise; and (5) are marketed to retailers in the same manner as subject merchandise. 3. This final scope ruling is applicable only to merchandise imported by Export Packers. 4a. Continue to suspend liquidation of entries of Export Packers' IQF cooked garlic cloves already subject to the suspension of liquidation under the antidumping duty order on fresh garlic from China at the cash deposit rate(s) in effect on the date of entry in accordance with message 3128402, dated 05/08/2023. 4b. For all entries of Export Packers' IQF cooked garlic cloves not already subject to the suspension of liquidation, CBP should suspend liquidation of: (i) shipments entered, or withdrawn from warehouse, for consumption on or after 05/01/2023, and (ii) shipments entered, or withdrawn from warehouse, for consumption prior to the date of initiation of the scope inquiry but no earlier than November 4, 2021. CBP shall require, for such entries, a cash deposit at the applicable rate(s) in effect on the date of entry. 5. Entries of products covered by paragraph 4 should not be liquidated until specific liquidation instructions are issued. 6. In accordance with 19 CFR 351.225(l)(5), this instruction does not affect or otherwise limit CBP's independent authority to take any additional action with respect to the suspension of liquidation or related measures. 7. If there are any questions by the importing public regarding this message, please contact the Call Center for the Office of AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, at (202) 482-0984. CBP ports should submit their inquiries through authorized CBP channels only. (This message was generated by OVII: CD.) 8. There are no restrictions on the release of this information. Alexander Amdur