Garlic That Is Boiled, Then Frozen Is Subject to AD on Fresh Garlic From China, Commerce Says

Boiled garlic cloves that are individually frozen and imported by Export Packers Company are subject to an antidumping duty order on fresh garlic from China, the Commerce Department said in a Feb. 21 scope ruling. Although frozen garlic has a different chemical composition than fresh garlic and is used in different recipes, it's not different enough to fall into the order’s exclusion for garlic subjected to further heat processing, the department said.

The AD order covers “all grades of garlic” whether the cloves are “peeled, fresh, chilled, frozen, provisionally preserved, or packed in water or other neutral substances, but not prepared or preserved by the addition of other ingredients or heat processing,” Commerce said. The only exceptions to the order are garlic harvested for use as seed and garlic “destined for non-fresh use,” it said.

Export Packers’ products begin as fresh garlic. Its roots are removed, then the garlic bulbs are peeled and separated into cloves, cleaned, boiled in water for 90 seconds, drained and finally frozen. It is used for consumption and seasoning, Commerce said.

Boiling and then freezing the garlic, the importer said, “irreversibly” transforms it by removing most of its allicin, the chemical component that provides most of its flavor. Customers cannot use frozen in place of fresh garlic in recipes because “the taste and aroma will be totally different,” it said.

“The effects of cooking garlic are well known in the industries that use fresh and cooked garlic,” the importer said. “In many instances, marketing and advertising for garlic products indicates how the garlic was prepared.”

Commerce said the scope is unclear as to what it means by “heat processing,” but none of its primary sources define boiling as such. Further, in a prior scope ruling regarding garlic that was blanched, or scalded in hot water for a very short time, the department said it had found that blanched garlic was covered under the orders. It said it needed to review Export Packers garlic’s physical characteristics, channels of trade, marketing and customer expectations to reach its determination.

These factors, Commerce said, showed that the garlic in question was subject to the orders. Although it has a “different aroma, taste, and mouthfeel,” it is still frozen garlic that will be used as food or seasoning, the department said. Further, Commerce said that though its physical changes from fresh garlic are the result of a “heating element,” that does not mean the garlic is “‘prepared’ by heat processing,” as that exclusion is intended only for more highly processed products such as roasted garlic.

The department also said that Export Packers didn't provide enough evidence to show its products were marketed to or used differently by its customers than fresh garlic -- both because most of the importer’s frozen garlic would be further processed elsewhere, just as fresh garlic is, and because advertisements also seem to make no distinction.

“For example, Export Packers provided an article about the best things to do with roasted garlic, which shows that there is a difference in the expectations for roasted garlic compared to subject merchandise but not between the inquiry merchandise and subject merchandise,” it said.