U.S. Court of International Trade Rules on Garlic Antidumping Duties

On March 4, 2026, the U.S. Department of Commerce announced that the U.S. Court of International Trade (CIT) sustained its final redetermination in the case of Export Packers Company Limited v. United States, concerning antidumping duties on fresh garlic from the People’s Republic of China. This ruling clarifies that individually quick frozen (IQF) cooked garlic cloves imported by Export Packers are not subject to these duties.

Background of the Case

The dispute centers on the scope of the antidumping duty order on fresh garlic from China. In February 2024, Commerce initially ruled that Export Packers’ IQF cooked garlic cloves were covered by the order. Export Packers appealed this decision.

In April 2025, the CIT remanded the case to Commerce, finding that the initial ruling improperly focused on previous scope rulings concerning blanched garlic and did not adequately consider the distinct process of “cooking” garlic. The court also determined that Commerce’s analysis of the physical characteristics of the garlic was unreasonable and lacked substantial evidence.

Following the remand, Commerce conducted a modern redetermination in December 2025, finding, under protest, that Export Packers’ IQF cooked garlic cloves were outside the scope of the order. This redetermination was subsequently sustained by the CIT on February 23, 2026.

Timken Notice and Liquidation of Entries

The Department of Commerce is issuing a “Timken Notice” to comply with rulings from the U.S. Court of Appeals for the Federal Circuit, which require notification when a court decision is not in harmony with a Commerce determination. This notice suspends liquidation of entries pending a conclusive court decision.

In accordance with the CIT’s judgment, Commerce will instruct U.S. Customs and Border Protection (CBP) to apply a zero percent cash deposit rate for entries of IQF cooked garlic cloves imported by Export Packers, pending any appeals. If the CIT’s final judgment is not appealed or is upheld, CBP will lift the suspension of liquidation and liquidate entries of the garlic without regard to antidumping duties.

Implications for Importers

This ruling specifically benefits Export Packers Company Limited. The Department of Commerce will notify interested parties about the amended final scope ruling and provide further guidance on the liquidation process.

Further Information

The complete details of the case can be found on the U.S. Court of International Trade website: https://www.cit.uscourts.gov/content/slip-opinions-2026 and on Justia: https://law.justia.com/cases/federal/appellate-courts/cit/24-00061/24-00061-2026-02-23.html