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Fresh Garlic from China: Court Decision and Amended Scope Ruling

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Published March 10th, 2026

Detected March 10th, 2026

Summary

The International Trade Administration has issued a notice regarding fresh garlic from the People's Republic of China. This notice announces a court decision that is not in harmony with a final scope ruling and provides an amended final scope ruling pursuant to that court decision. The ruling is effective March 5, 2026.

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What changed

The International Trade Administration (ITA) has published a notice concerning fresh garlic imported from the People's Republic of China. This document announces that a court decision has been made which is not in line with the ITA's prior final scope ruling on this matter. Consequently, the ITA is issuing an amended final scope ruling, effective March 5, 2026, to align with the court's determination. The specific details of the court's decision and the precise changes to the scope ruling are outlined in the document, identified by docket number A-570-831.

This amended ruling will directly impact importers and exporters of fresh garlic from China, potentially altering tariff classifications, duties, or other trade compliance requirements. Companies involved in the trade of this product should carefully review the amended scope ruling to understand its implications for their operations. Failure to comply with the revised ruling could lead to penalties or disruptions in trade. While no specific compliance deadline is mentioned beyond the effective date, entities should ensure their import/export documentation and practices are updated to reflect the amended ruling immediately.

What to do next

Review the amended final scope ruling for fresh garlic from the People's Republic of China.
Update import/export documentation and compliance procedures to align with the amended ruling.
Consult legal counsel if clarification is needed regarding the ruling's impact.

Source document (simplified)

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Notice

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

A Notice by the International Trade Administration on 03/10/2026

Document Details Published Content - Document Details Agencies Department of Commerce International Trade Administration Agency/Docket Number A-570-831 Document Citation 91 FR 11512 Document Number 2026-04697 Document Type Notice Pages 11512-11513
(2 pages) Publication Date 03/10/2026 Published Content - Document Details
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Document Details Published Content - Document Details Agencies Department of Commerce International Trade Administration Agency/Docket Number A-570-831 Document Citation 91 FR 11512 Document Number 2026-04697 Document Type Notice Pages 11512-11513
(2 pages) Publication Date 03/10/2026 Published Content - Document Details
Document Dates Published Content - Document Dates Dates Text Applicable March 5, 2026. Published Content - Document Dates
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- AGENCY:
- SUMMARY:
- DATES:
- FOR FURTHER INFORMATION CONTACT:
- SUPPLEMENTARY INFORMATION:
- Background
- Timken Notice
- Amended Final Scope Ruling
- Liquidation of Suspended Entries
- Notification to Interested Parties
- Footnotes Enhanced Content - Table of Contents
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Department of Commerce

International Trade Administration

[A-570-831]

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 ( printed 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 ]

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 ]

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.

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.

Footnotes

                     
                    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](https://www.federalregister.gov/citation/59-FR-59209) (November 16, 1994) (*Order*).

Back to Citation 2. See Export Packers Company Limited v. United States, 780 F. Supp. 3d 1342 (CIT 2025) (Remand Order).

Back to Citation 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).

Back to Citation 4. See Export Packers Company Limited v. United States, Slip Op. 26-19 (CIT February 23, 2026).

Back to Citation 5. See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 1990) (Timken).

Back to Citation 6. See Diamond Sawblades Manufacturers Coalition v. United States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).

Back to Citation [FR Doc. 2026-04697 Filed 3-9-26; 8:45 am]

BILLING CODE 3510-DS-P

Published Document: 2026-04697 (91 FR 11512)