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S. 16: Defending Domestic Produce Production Act of 2019

The text of the bill below is as of Jan 3, 2019 (Introduced).


II

116th CONGRESS

1st Session

S. 16

IN THE SENATE OF THE UNITED STATES

January 3, 2019

introduced the following bill; which was read twice and referred to the Committee on Finance

A BILL

To amend title VII of the Tariff Act of 1930 to provide for the treatment of core seasonal industries affected by antidumping or countervailing duty investigations, and for other purposes.

1.

Short title

This Act may be cited as the Defending Domestic Produce Production Act of 2019.

2.

Definitions

(a)

Core seasonal industry

Section 771 of the Tariff Act of 1930 (19 U.S.C. 1677) is amended by adding at the end the following:

(37)

Core seasonal industry

The term core seasonal industry means the producers—

(A)

of a domestic like product that is a raw agricultural product,

(B)

whose collective output of the domestic like product constitutes a majority of the total production of the domestic like product in any State or group of States that accounts for a major portion of the total production of the domestic like product during any discrete season or cyclical period of time that concludes not later than 8 weeks after the date in which the product is harvested, and

(C)

that make substantially all of their sales of the domestic like product during the season or cyclical period of time described in subparagraph (B).

.

(b)

Industry

Section 771 of the Tariff Act of 1930(4)(A) (19 U.S.C. 1677(4)(A)) is amended—

(1)

by striking industry means the producers and inserting the following: “‘industry’ means—

(i)

the producers

;

(2)

by striking the end period and inserting , or; and

(3)

by adding at the end the following:

(ii)

a core seasonal industry.

.

(c)

Interested party

Section 771 of the Tariff Act of 1930(9)(E) (19 U.S.C. 1677(9)(E)) is amended—

(1)

by striking association a majority and inserting the following: “association—

(i)

except as provided in clause (ii), a majority

;

(2)

by inserting or after States,; and

(3)

by adding at the end the following:

(ii)

in the case of a proceeding under this title involving a core seasonal industry, whose members constitute not less than 80 percent of the core seasonal industry,

.

3.

Improvements to countervailing duty procedures for core seasonal industries

(a)

Determination of industry support

Section 702(c)(4) of the Tariff Act of 1930 (19 U.S.C. 1671a(c)(4)) is amended—

(1)

in subparagraph (A)—

(A)

by redesignating clauses (i) and (ii) as subclauses (I) and (II), and by moving such subclauses, as so redesignated, 2 ems to the right;

(B)

in the matter preceding subclause (I), as redesignated by subparagraph (A), by striking behalf of the industry, if— and inserting the following: “behalf of—

(i)

an industry (other than a core seasonal industry), if—

;

(C)

in subclause (II), as redesignated by subparagraph (A), by striking the period at the end and inserting , or; and

(D)

by adding at the end the following:

(ii)

a core seasonal industry, if the domestic producers or workers who support the petition account for at least 50 percent of the total production of the domestic like product in any State or group of States that accounts for at least 50 percent of total production of the domestic like product during the season or cyclical period of time specified in the petition, determined by averaging production over the 3 seasons or cyclical periods of time preceding the filing of the petition.

;

(2)

in subparagraph (B)(i), by inserting (during the season or cyclical period of time specified in the petition, if applicable) after their interests as domestic producers; and

(3)

in subparagraph (D), in the matter preceding clause (i), by striking support and all that follows through domestic like product and inserting industry support in accordance with subparagraph (A).

(b)

Suspension of investigations for extraordinary circumstances

Section 704(c)(4)(A)(i) of the Tariff Act of 1930 (19 U.S.C. 1671c(c)(4)(A)(i)) is amended by inserting (as defined in section 771(4)(A)(i)) after domestic industry.

(c)

Effect of final determinations

Section 705(c)(1) of the Tariff Act of 1930 (19 U.S.C. 1671d(c)(1)) is amended—

(1)

by redesignating subparagraph (C) as subparagraph (D);

(2)

in subparagraph (B)(ii), by striking , and and inserting a comma; and

(3)

by inserting after subparagraph (B) the following:

(C)

in cases involving a countervailable subsidy that affects a core seasonal industry solely during a specific season or cyclical period of time, the administering authority shall limit the application of any rate determined under subparagraph (B) to that season or cyclical period of time, and

.

4.

Improvements to antidumping duty procedures for core seasonal industries

(a)

Determination of industry support

Section 732(c)(4) of the Tariff Act of 1930 (19 U.S.C. 1673a(c)(4)) is amended—

(1)

in subparagraph (A)—

(A)

by redesignating clauses (i) and (ii) as subclauses (I) and (II), and by moving such subclauses, as so redesignated, 2 ems to the right;

(B)

in the matter preceding subclause (I), as redesignated by subparagraph (A), by striking behalf of the industry, if— and inserting the following: “behalf of—

(i)

an industry (other than a core seasonal industry), if—

;

(C)

in subclause (II), as redesignated by subparagraph (A), by striking the period at the end and inserting , or; and

(D)

by adding at the end the following:

(ii)

a core seasonal industry, if the domestic producers or workers who support the petition account for at least 50 percent of the total production of the domestic like product in any State or group of States that accounts for at least 50 percent of total production of the domestic like product during the season or cyclical period of time specified in the petition, determined by averaging production over the 3 seasons or cyclical periods of time preceding the filing of the petition.

;

(2)

in subparagraph (B)(i), by inserting (during the season or cyclical period of time specified in the petition, if applicable) after their interests as domestic producers; and

(3)

in subparagraph (D), in the matter preceding clause (i), by striking support and all that follows through domestic like product and inserting industry support in accordance with subparagraph (A).

(b)

Suspension of investigations for extraordinary circumstances

Section 734(c)(2)(A)(i) of the Tariff Act of 1930 (19 U.S.C. 1673c(c)(2)(A)(i)) is amended by inserting (as defined in section 771(4)(A)(i)) after domestic industry.

(c)

Effect of final determinations

Section 735(c)(1) of the Tariff Act of 1930 (19 U.S.C. 1673d(c)(1)) is amended—

(1)

by redesignating subparagraph (C) as subparagraph (D);

(2)

in subparagraph (B)(ii), by striking , and and inserting a comma; and

(3)

by inserting after subparagraph (B) the following:

(C)

in cases involving dumping that affects a core seasonal industry solely during a specific season or cyclical period of time, the administering authority shall limit the application of any rate determined under subparagraph (B) to that season or cyclical period of time, and

.