[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 120 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                 S. 120

To amend title II of the Trade Act of 1974 to clarify the definition of 
  domestic industry and to include certain agricultural products for 
purposes of providing relief from injury caused by import competition, 
                        and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 19, 1999

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

_______________________________________________________________________

                                 A BILL


 
To amend title II of the Trade Act of 1974 to clarify the definition of 
  domestic industry and to include certain agricultural products for 
purposes of providing relief from injury caused by import competition, 
                        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 ``Agricultural Trade Reform Act of 
1999''.

SEC. 2. DEFINITION OF DOMESTIC INDUSTRY, ETC.

    (a) Domestic Industry.--
            (1) In general.--Section 202(c)(6)(A)(i) of the Trade Act 
        of 1974 (19 U.S.C. 2252(c)(6)(A)(i) is amended to read as 
        follows:
                    ``(A)(i) The term `domestic industry' means, with 
                respect to an article--
                            ``(I) the producers as a whole of the like 
                        or directly competitive article or those 
                        producers whose collective production of the 
                        like or directly competitive article 
                        constitutes a major proportion of the total 
                        domestic production of such article, or
                            ``(II) the producers of a like or directly 
                        competitive perishable agricultural product, 
                        citrus product, or potato product in a specific 
                        geographic area of the United States whose 
                        collective production in such area of such 
                        article constitutes a significant proportion of 
                        the total domestic production of such 
                        article.''.
            (2) Determination by commission.--Section 202(c)(4) of such 
        Act (19 U.S.C. 2252(c)(4)) is amended--
                    (A) by striking ``and'' at the end of subparagraph 
                (B),
                    (B) by striking the period at the end of 
                subparagraph (C) and inserting ``; and'', and
                    (C) by adding at the end the following new 
                subparagraph:
                    ``(D) may--
                            ``(i) in the case of one or more domestic 
                        producers--
                                    ``(I) who produce a like or 
                                directly competitive perishable 
                                agricultural product, citrus product, 
                                or potato product in a specific 
                                geographic area of the United States,
                                    ``(II) whose production of the 
                                product in such area constitutes a 
                                significant portion of the domestic 
                                industry in the United States, and
                                    ``(III) who primarily serve the 
                                market in such area, and
                            ``(ii) if there are substantial imports of 
                        a like or directly competitive product in such 
                        area,
                treat as the domestic industry only that portion of the 
                production of the product located in such area.''.
    (b) Specific Geographic Area of the United States, Etc.--Section 
202(c)(6) of such Act (19 U.S.C. 2252(c)(6)) is amended by adding at 
the end the following new subparagraphs:
                    ``(E) The term `specific geographic area of the 
                United States' means a discrete and distinguishable 
                geographic area in the United States in which a 
                perishable agricultural product, citrus product, or 
                potato product is produced.
                    ``(F) The term `significant portion of the domestic 
                industry in the United States' means an important, 
                recognizable part of the domestic industry, including a 
                part of the industry characterized by production in the 
                same growing season.''.

SEC. 3. PROVISIONAL RELIEF.

    (a) In General.--Section 202(d)(1)(C) of the Trade Act of 1974 (19 
U.S.C. 2252(d)(1)(C)) is amended to read as follows:
            ``(C)(i) If--
                    ``(I) a petition filed under subsection (a)--
                            ``(aa) alleges injury from imports of a 
                        perishable agricultural product, citrus 
                        product, or potato product that has been, on 
                        the date the allegation is included in the 
petition, subject to monitoring by the Commission under subparagraph 
(B) for not less than 90 days; and
                            (bb) requests that provisional relief be 
                        provided under this subsection with respect to 
                        such imports; or
                    ``(II) a request made by the President or the Trade 
                Representative, or a resolution adopted by either the 
                Committee on Ways and Means or the Committee on 
                Finance, under subsection (b), states that provisional 
                relief provided under this subsection with respect to 
                such imports may be necessary to prevent or remedy 
                serious injury, or the threat thereof, to the domestic 
                industry
        the Commission shall, not later than the 21st day after the day 
        on which the request is filed, make a determination described 
        in clause (ii), on the basis of available information.
            ``(ii) The determination described in this clause is a 
        determination by the Commission whether increased imports 
        (either actual or relative to domestic production) of the 
        perishable agricultural product, citrus product, or potato 
        product are a substantial cause of serious injury, or the 
        threat thereof, to the domestic industry producing a like or 
        directly competitive perishable agricultural product, citrus 
        product, or potato product and whether either--
                    ``(I) the serious injury is likely to be difficult 
                to repair by reason of perishability of the like or 
                directly competitive agricultural product; or
                    ``(II) the serious injury cannot be timely 
                prevented through investigation under subsection (b) 
                and action under section 203.''.
    (b) Special Rules for Considering Certain Requests.--Section 
202(d)(1) of such Act (19 U.S.C. 2252(d)(1)) is amended by adding at 
the end the following new subparagraph:
                    ``(H) In considering a petition filed under 
                subsection (a) or a request or resolution described in 
                subsection (b), the Commission may waive the 90-day 
                monitoring requirement in subparagraph (C)(i)(I)(aa), 
                if--
                            ``(i) there is a reasonable expectation, 
                        based on all available evidence, including 
                        significant increases in production or 
                        production capacity for the product occurring 
                        in the country from which the like or directly 
                        competitive product is imported in the year 
                        preceding such petition, request, or 
                        resolution, that the product will be imported 
                        from that country in the current year in such 
                        quantities as to be a substantial cause of 
                        serious injury, or the threat thereof, to the 
                        domestic industry producing a like or directly 
                        competitive product; and
                            ``(ii) the quantities of imports of the 
                        like or directly competitive product from that 
                        country reported for the 1-month period 
                        preceding the date of such petition, request, 
                        or resolution are consistent with such 
                        expectation.''.
    (c) Conforming Amendments.--
            (1) Section 202(a)(2)(B)(i) of such Act (19 U.S.C. 
        2252(a)(2)(B)(i)) is amended by striking ``subsection 
        (d)(1)(C)(i)'' and inserting ``subsection 
        (d)(1)(C)(i)(I)(aa)''.
            (2) Section 202(d)(1)(A) of such Act (19 U.S.C. 
        2252(d)(1)(A)) is amended by striking ``perishable agricultural 
        product or citrus product'' each place it appears and inserting 
        ``perishable agricultural product, citrus product, or potato 
        product''.
            (3) Section 202(d)(5) of such Act (19 U.S.C. 2252(d)(5)) is 
        amended by adding at the end the following new subparagraph:
                    ``(D) The term `potato product' means any potato 
                product including any processed potato product.''.
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