[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 104 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 104
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.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 26, 2023
Mr. Rubio (for himself and Mr. Scott of Florida) 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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Defending Domestic Produce
Production Act of 2023''.
SEC. 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(4)(A) of the Tariff Act of 1930 (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(9)(E) of the Tariff Act of 1930
(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,''.
SEC. 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''.
SEC. 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''.
SEC. 5. APPLICATION TO CANADA AND MEXICO.
Pursuant to section 418 of the United States-Mexico-Canada
Agreement Implementation Act (19 U.S.C. 4588), the amendments made by
this Act apply with respect to goods from Canada and Mexico.
<all>