I 
116TH CONGRESS 
1ST SESSION H. R. 4448 
To address loopholes in the Harmonized Tariff Schedule of the United States 
that allow companies to avoid the duty rate applicable to dehydrated garlic. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 20, 2019 
Mr. PANETTA introduced the following bill; which was referred to the 
Committee on Ways and Means 
A BILL 
To address loopholes in the Harmonized Tariff Schedule 
of the United States that allow companies to avoid the 
duty rate applicable to dehydrated garlic. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Giving Agriculture Re-
lief from Loopholes in International Commerce Act’’ or 
the ‘‘GARLIC Act’’. 
SEC. 2. FINDINGS. 
Congress finds the following: 
(1) The United States domestic dried garlic in-
dustry currently provides approximately 50,000,000 
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pounds of dried garlic for the United States market 
and has the capacity to increase production. 
(2) Dried garlic imported from China accounts 
for approximately 140,000,000 pounds of the total 
amount sold in the United States market. 
(3) Dried garlic is classifiable under subheading 
0712.90.40 of the Harmonized Tariff Schedule of 
the United States, with a duty rate of 29.8 percent. 
(4) Chinese companies have found apparent 
loopholes in the Harmonized Tariff Schedule and are 
importing dehydrated garlic at much lower tariff 
rates, causing direct harm to the United States do-
mestic industry. 
(5) Imports of Chinese dehydrated garlic under 
the subheading for dried garlic, 0712.90.40, have 
decreased approximately 70 percent over the past 
few years, but there has not been a corresponding 
change in United States consumption or imports 
from other locations. 
(6) Importers of Chinese dried garlic are now 
engaging in limited further processing of the product 
and importing it as a ‘‘further processed vegetable’’ 
classifiable under subheading 2005.99.97, at a duty 
rate of 11.2 percent. 
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(7) Importers of Chinese dried garlic are also 
adding minimal amounts of other dehydrated vegeta-
bles, such as onion, to the dehydrated garlic and im-
porting it as ‘‘other mixed vegetables’’ classifiable 
under subheading 0712.90.85, at a duty rate of 8.3 
percent. 
(8) The dried garlic products imported from 
China 
under 
subheadings 
2005.99.97 
and 
0712.90.85 are still marketed and sold in the United 
States as dried garlic and directly compete against 
United States-produced dried garlic. 
SEC. 3. SENSE OF CONGRESS. 
It is the sense of Congress that— 
(1) the duty rate on dried garlic was set at 29.8 
percent to support United States domestic producers 
of dried garlic and create a more level playing field 
when competing against low-cost dried garlic im-
ported from China; 
(2) the use of these loopholes in the Har-
monized Tariff Schedule of the United States is di-
rectly harming United States domestic dried garlic 
producers, their employees, and the farmers that 
grow garlic in support of this domestic industry; and 
(3) the use of these loopholes in the Har-
monized Tariff Schedule of the United States has 
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resulted in a loss of approximately $40,000,000 in 
revenue to the United States over the past 2 years 
alone. 
SEC. 4. ADDITION OF U.S. NOTES AND NEW SUBHEADINGS 
RELATED TO DEHYDRATED GARLIC. 
(a) ADDITION OF U.S. NOTE.—The Additional U.S. 
Notes to chapter 7 of the Harmonized Tariff Schedule of 
the United States are amended by inserting in numerical 
sequence the following: 
‘‘6. In the assessment of duty on dried garlic, 
the presence of other vegetables mixed with the 
dried garlic shall not remove the product from sub-
heading 0712.90.40 unless the percentage of garlic, 
by weight, is less than 50 percent. 
‘‘7. In the assessment of duty on dried garlic, 
the application of additional heat to dried garlic does 
not constitute further processing such that the dried 
garlic 
would 
be 
excluded 
from 
subheading 
0712.90.40 unless the resulting dried garlic has an 
extractable color (optical index) of 1000+/¥500 as 
set forth under Section IV.C.5 of the American De-
hydrated Onion and Garlic Association (ADOGA) 
standards for roasted or toasted garlic.’’. 
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SEC. 5. EFFECTIVE DATE. 
This Act and the amendments made by this Act 
shall— 
(1) take effect on the 30th day after the date 
of the enactment of this Act; and 
(2) apply to articles entered, or withdrawn from 
warehouse for consumption, on or after such 30th 
day. 
Æ 
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