[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1463 Engrossed in Senate (ES)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
104th CONGRESS
  2d Session
                                S. 1463

_______________________________________________________________________

                                 AN ACT


 
 To amend the Trade Act of 1974 to clarify the definitions of domestic 
    industry and like articles in certain investigations involving 
       perishable agricultural products, 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. DEFINITIONS OF DOMESTIC INDUSTRY AND LIKE OR DIRECTLY 
              COMPETITIVE ARTICLES.

    (a) Definition of Domestic Industry.--Section 202(c)(4) of the 
Trade Act of 1974 (19 U.S.C. 2252(c)(4)) is amended--
            (1) by striking ``and'' at the end of subparagraph (B),
            (2) by striking the period at the end of subparagraph (C) 
        and inserting ``; and'', and
            (3) by adding at the end the following new subparagraph:
                    ``(D) may, in the case of one or more domestic 
                producers who produce a like or directly competitive 
                perishable agricultural product during a particular 
                growing season, limit the domestic industry to those 
                producers if the producers sell all or almost all of 
                their production of the article in that growing season 
                and the demand for the article is not supplied, to any 
                substantial degree, by other domestic producers of the 
                article who produce the article in a different growing 
                season.''.
    (b) Definition of Like or Directly Competitive Article; 
Consideration of Imported Article.--Section 202(c)(6) of such Act is 
amended by adding at the end the following new subparagraphs:
                    ``(E) In the case of a perishable agricultural 
                product produced by a domestic industry described in 
                paragraph (4)(D), the term `like or directly 
                competitive article' means only the articles produced 
                by the industry during the applicable growing season.
                    ``(F) In the case of a perishable agricultural 
                product, the Commission may limit its consideration to 
                imported articles that are entered, or withdrawn from 
                warehouse for consumption, during the same growing 
                season as the like or directly competitive product.''.
    (c) Relief Limited to Certain Imported Products.--Section 202(d)(4) 
of the Trade Act of 1974 (19 U.S.C. 2252(d)(4)) is amended by adding at 
the end the following new subparagraph:
                    ``(E) The Commission may, in the case of a 
                perishable agricultural product, limit provisional 
                relief to imported articles that are entered, or 
                withdrawn from warehouse for consumption, during the 
                same growing season as the like or directly competitive 
                product.''.
    (d) Conforming Amendment.--Section 202(d)(5) of the Trade Act of 
1974 (19 U.S.C. 2252(d)(5)) is amended in the matter preceding 
subparagraph (A), by striking ``subsection'' and inserting ``section''.
    (e) Effective Date.--The amendments made by this Act apply with 
respect to investigations initiated pursuant to section 202(b) of the 
Trade Act of 1974 (19 U.S.C. 2252(b)) and requests for provisional 
relief initiated pursuant to section 202(d) of such Act (19 U.S.C. 
2252(d)) after the date of the enactment of this Act.

            Passed the Senate January 26, 1996.

            Attest:

                                                             Secretary.
104th CONGRESS

  2d Session

                                S. 1463

_______________________________________________________________________

                                 AN ACT

 To amend the Trade Act of 1974 to clarify the definitions of domestic 
    industry and like articles in certain investigations involving 
       perishable agricultural products, and for other purposes.