[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2811 Introduced in House (IH)]

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105th CONGRESS
  1st Session
                                H. R. 2811

 To amend the Trade Act of 1974 and the Tariff Act of 1930 to clarify 
   the definitions of domestic industry and like articles in certain 
  investigations involving perishable agricultural products, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            November 4, 1997

 Mrs. Thurman introduced the following bill; which was referred to the 
                      Committee on Ways and Means

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                                 A BILL


 
 To amend the Trade Act of 1974 and the Tariff Act of 1930 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 shall 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 shall, 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''.

SEC. 2. MONITORING OF FRESH TOMATOES AND PEPPERS.

    Section 316 of the North American Free Trade Agreement 
Implementation Act (19 U.S.C. 3381) is amended--
            (1) in the first sentence by striking ``International Trade 
        Commission'' and inserting ``Commissioner of Customs'';
            (2) by striking the second sentence and inserting the 
        following: ``At the request of the Commissioner of Customs, the 
        Secretary of Agriculture shall provide to the Commissioner 
        information relevant to the monitoring carried out under this 
        section. The Commissioner of Customs shall promptly make 
        available to the public information gathered in carrying out 
        this section, but in no case more than 7 calendar days after 
        the Commissioner receives the information.''.

SEC. 3. EFFECTIVE DATE.

    (a) Section 1.--The amendments made by section 1 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 that Act (19 U.S.C. 2252(d)) 
after the date of the enactment of this Act.
    (b) Sec. 2.--The amendments made by section 2 shall take effect 60 
days after the date of the enactment of this Act.
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