,i  #aafth ,,congress  #ast ,session    
,h4 ,r4 #dddh  ,,in ,,the ,,house ,,of  
,,representatives  ,september #bj1      
#bjai,mr4 ,panetta introduced the       
following bill2 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 garlic4  #a4 ,short title    
,this ,act may be cited as the ,giving  
,agriculture ,relief from ,loopholes in 
,international ,commerce ,act or the    
,,garlic ,act4  #b4 ,findings ,congress 
finds the following3  7#a7 ,the ,united 
,states domestic dried garlic industry  
currently provides approximately        
#ej1jjj1jjj pounds of dried garlic for  
the ,united ,states market and has the  
capacity to increase production4  7#b7  
,dried garlic imported from ,china      
accounts for approximately #adj1jjj1jjj 
pounds of the total amount sold in the  
,united ,states market4  7#c7 ,dried    

garlic is classifiable under subheading 
#jgab4ij4dj of the ,harmonized ,tariff  
,schedule of the ,united ,states1 with a
 duty rate of #bi4h percent4  7#d7      
,chinese companies have found apparent  
loopholes in the ,harmonized ,tariff    
,schedule and are importing dehydrated  
garlic at much lower tariff rates1      
causing direct harm to the ,united      
,states domestic industry4  7#e7        
,imports of ,chinese dehydrated garlic  
under the subheading for dried garlic1  
#jgab4ij4dj1 have decreased             
approximately #gj percent over the past 
few years1 but there has not been a     
corresponding change in ,united ,states 
consumption or imports from other       
locations4  7#f7 ,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 
#bjje4ii4ig1 at a duty rate of #aa4b    
percent4  7#g7 ,importers of ,chinese   
dried garlic are also adding minimal    

amounts of other dehydrated vegetables1 
such as onion1 to the dehydrated garlic 
and importing it as other mixed         
vegetables classifiable under subheading
 #jgab4ij4he1 at a duty rate of #h4c    
percent4  7#h7 ,the dried garlic        
products imported from ,china under     
subheadings #bjje4ii4ig and #jgab4ij4he 
are still marketed and sold in the      
,united ,states as dried garlic and     
directly compete against ,united        
,states-produced dried garlic4  #c4     
,sense of ,congress ,it is the sense of 
,congress that-- 7#a7 the duty rate on  
dried garlic was set at #bi4h percent to
 support ,united ,states domestic       
producers of dried garlic and create a  
more level playing field when competing 
against low-cost dried garlic imported  
from ,china2  7#b7 the use of these     
loopholes in the ,harmonized ,tariff    
,schedule of the ,united ,states is     
directly harming ,united ,states        
domestic dried garlic producers1 their  
employees1 and the farmers that grow    

garlic in support of this domestic      
industry2 and  7#c7 the use of these    
loopholes in the ,harmonized ,tariff    
,schedule of the ,united ,states has    
resulted in a loss of approximately     
#dj1jjj1jjj in revenue to the ,united   
,states over the past #b years alone4   
#d4 ,addition of ,u4,s4 ,notes and new  
subheadings related to dehydrated garlic
  7a7 ,addition of ,u4,s4 note ,the     
,additional ,u4,s4 ,notes to chapter #g 
of the ,harmonized ,tariff ,schedule of 
the ,united ,states are amended by      
inserting in numerical sequence the     
following3  #f4 ,in the assessment of   
duty on dried garlic1 the presence of   
other vegetables mixed with the dried   
garlic shall not remove the product from
 subheading #jgab4ij4dj unless the      
percentage of garlic1 by weight1 is less
 than #ej percent4#g4 ,in the assessment
 of duty on dried garlic1 the           
application of additional heat to dried 
garlic does not constitute further      
processing such that the dried garlic   

would be excluded from subheading       
#jgab4ij4dj unless the resulting dried  
garlic has an extractable color 7optical
 index7 of #ajjj_/ejj as set forth under
 ,section ,,iv4,c4#e of the ,american   
,dehydrated ,onion and ,garlic          
,association 7,,adoga7 standards for    
roasted or toasted garlic4 4  #e4       
,effective date ,this ,act and the      
amendments made by this ,act shall--    
7#a7 take effect on the #cjth day after 
the date of the enactment of this ,act2 
and  7#b7 apply to articles entered1 or 
withdrawn from warehouse for            
consumption1 on or after such #cjth day4