New Mexico Garlic Growers Coalition v. United States, No. 19-1404 (Fed. Cir. 2020)Annotate this Case
In 1994, the Department of Commerce imposed anti-dumping duties on fresh garlic from China. Harmoni, a producer and exporter of fresh garlic from China, requested individual review. New Mexico Garlic Growers Coalition (NMGGC) requested review of Harmoni. NMGGC’s representative subsequently alleged that Harmoni and another had engaged in a strategy that enabled Harmoni to escape administrative review to receive a zero dumping margin and a zero cash deposit rate.
In 2016, Commerce initiated the 21st administrative review. Harmoni withdrew its requests for review, leaving only NMGGC’s pending request. Commerce found that NMGGC and its individual members were domestic producers of fresh garlic, having standing to request review of Harmoni. Commerce preliminarily determined that Harmoni was not eligible for a separate rate and should be considered to be part of the China-wide entity, finding that Harmoni had withheld information, failed to meet deadlines, and significantly impeded the proceeding. After receiving allegations of fraud by NMGGC’s former representative and holding a hearing, Commerce stated that additional evidence “undermined the veracity of all of the NMGGC’s submissions,” so that its request for review of Harmoni was “illegitimate.” Harmoni was not subject to review in AR 21. The Trade Court and Federal Circuit upheld Commerce’s final results and partial rescission of the administrative review. By its own misconduct, NMGGC disqualified itself from obtaining a review of Harmoni under 19 C.F.R. 351.213(b)(1).