- Effective Date: Mar 05, 2026
- Cite as: 91 FR 11512
Cite date: Mar 10, 2026
-
Category:
Antidumping
Type:
Sub type: CT DECIS-Court Decision
Reference messages:
4066408
Cases:
A570831
Court Case: 24-00061
1.
On 02/23/2026, the U.S. Court of International Trade (CIT) issued its final judgment in Export Packers Company Limited v. United States (Court No. 24-00061).
Accordingly, Commerce has amended its final scope ruling regarding individually quick frozen (IQF) cooked garlic cloves imported by Export Packers Company Limited (Export Packers), relating to the antidumping duty order on fresh garlic from the People's Republic of China (China) (A-570-831).
This amendment was published in the Federal Register (91 FR11512) on 03/10/2026.
Pursuant to this amendment, CBP should disregard message 4066408, dated 03/06/2024.
2.
As a result of the CIT's final decision, Commerce is amending the final scope ruling to find that IQF cooked garlic cloves imported by Export Packers are outside the scope of the order.
However, the CIT's decision may be appealed by interested parties, and, therefore, suspension of liquidation of entries that were entered, or withdrawn from warehouse, for consumption must continue pending a conclusive court decision.
3.
For shipments of merchandise covered by paragraph 2 of this message, entered, or withdrawn from warehouse, for consumption on or after 03/05/2026, CBP is directed to continue suspension of liquidation and require a cash deposit of 0.00% on such entries.
4.
This amended final scope ruling is applicable only to merchandise imported by Export Packers.
5. The assessment of antidumping duties by CBP on shipments or entries of this merchandise is subject to the provisions of section 778 of the Tariff Act of 1930, as amended. Section 778 requires that CBP pay interest on overpayments or assess interest on underpayments of the required amounts deposited as estimated antidumping duties. The interest provisions are not applicable to cash or bonds posted as estimated antidumping duties before the date of publication of the antidumping duty order.
Interest shall be calculated from the date payment of estimated antidumping duties is required through the date of the refund.
The rate at which such interest is payable is the rate in effect under section 6621 of the Internal Revenue Code of 1954 for such period.
6.
In accordance with 19 CFR 351.227(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