Final determination of circumvention - antidumping duty order on fresh garlic from the People's Republic of China (A-570-831)

1. On 06/13/2024, Commerce issued a final circumvention determination that small and large garlic chunks are circumventing the antidumping duty order on fresh garlic from the People's Republic of China (A-570-831). See 89 FR 50256. 2. Specifically, Commerce determined that small and large garlic chunks are covered by the scope of the AD order on fresh garlic from the People's Republic of China because small and large garlic chunks are an article altered in form or appearance in minor respects. Small garlic chunks are formed by trimming off the two ends of the garlic clove and cutting them into four equal pieces which results in garlic that is small, peeled, trimmed and cut, blanched, individually quick frozen (IQF), coated with citric acid, and one-fourth the size of a large chunk. Large garlic chunks are formed by trimming two ends of the garlic clove which results in garlic that is large, peeled, trimmed, blanched, IQF, coated with citric acid, and three-fourths the size of a garlic clove. The garlic is currently classifiable under subheadings: 2004.90.8575 and 2005.99.9700. 3. This final circumvention determination is applicable on a country-wide basis, regardless of foreign producer, exporter, or importer. 4a. Continue to suspend liquidation of entries of small and large garlic chunks already subject to the suspension of liquidation under the antidumping duty order on fresh garlic from the People's Republic of China at the cash deposit rate(s) in effect on the date of entry in accordance with message 3163407, dated 06/12/2023, and message 3324410, dated 11/20/2023. 4b. For all entries of small and large garlic chunks not already subject to the suspension of liquidation, CBP should suspend liquidation of shipments entered, or withdrawn from warehouse, for consumption on or after 06/08/2023. CBP shall require, for such entries, a cash deposit at the applicable rate(s) in effect on the date of entry. 4c. Entries of products covered by subparagraph(s) 4a and 4b should not be liquidated until specific liquidation instructions are issued. 5. In accordance with 19 CFR 351.226(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. 6. 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: TC.) 7. There are no restrictions on the release of this information. Alexander Amdur