[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1741 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                S. 1741

 To amend United States trade laws to address more effectively import 
                                crises.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 15, 1999

 Mr. Durbin (for himself, Mr. Rockefeller, Mr. Byrd, Mr. Hollings, Mr. 
Hatch, and Mr. Santorum) introduced the following bill; which was read 
             twice and referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
 To amend United States trade laws to address more effectively import 
                                crises.

    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 ``Fair Trade Law Enhancement Act of 
1999''.

                     TITLE I--SAFEGUARD AMENDMENTS

SEC. 101. CAUSATION STANDARD.

    (a) Change in Causation Standard.--(1) Section 201(a) of the Trade 
Act of 1974 (19 U.S.C. 2251(a)) is amended by striking ``substantial''.
    (2) Section 202 of the Trade Act of 1974 (19 U.S.C. 2252) is 
amended--
            (A) in subsection (b)(1)(A), by striking ``substantial'';
            (B) by amending subsection (b)(1)(B) to read as follows:
            ``(B) Imports are a cause of serious injury, or the threat 
        thereof, when a causal link can be established between imports 
        and the domestic industry's injury.'';
            (C) in subsection (c)(1)(C), by striking ``substantial 
        cause'' and inserting ``the causal link'';
            (D) in subsection (c)(3), by striking ``substantial''; and
            (E) in subsection (d)(2)(A)(i), by striking 
        ``substantial''.
    (b) Conforming Amendment.--Section 264(c) of the Trade Act of 1974 
(19 U.S.C. 2354(c)) is amended by striking ``substantial''.

SEC. 102. CAPTIVE PRODUCTION.

    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 after subparagraph (C) the following:
                    ``(D) shall, in cases in which domestic producers 
                transfer internally, including to related parties, 
                significant production of the like or directly 
                competitive article for the production of a downstream 
                article and sell significant production of the like or 
                directly competitive article in the merchant market, 
                focus on the merchant market when determining the 
                domestic industry's market share and other relevant 
                factors.
        For purposes of this section, a party is related to another 
        party if the first party controls, is controlled by, or is 
        under common control with, that other party.''.

SEC. 103. PRESUMPTION OF THREAT AND OF CRITICAL CIRCUMSTANCES.

    Section 202 of the Trade Act of 1974 (19 U.S.C. 2252) is amended--
            (1) in subsection (c)(1), by inserting at the end the 
        following flush sentences:
        ``Notwithstanding subparagraph (B), if the Commission finds 
        that, at any time during the 12-month period preceding the 
        initiation of an investigation, there has been a rapid decline 
        in domestic prices for the like or directly competitive article 
        and a rapid increase in imports of the imported article, the 
        Commission shall apply a rebuttable presumption that the 
        domestic industry is threatened with serious injury by reason 
        of such imports. For purposes of the preceding sentence, the 
        term `rapid' means a change of 10 percent or more from one 
        calendar quarter to the next, and the price decline and the 
        increase in imports need not be contemporaneous. In any case in 
        which this presumption does not apply, or in which it applies 
        but is rebutted, the Commission shall conduct a threat of 
        serious injury analysis as if no such presumption applied.''; 
        and
            (2) in subsection (d)(2)(A), by adding at the end the 
        following flush sentences:
        ``If the Commission finds that, at any time during the 12-month 
        period preceding the initiation of an investigation, there has 
        been a rapid decline in domestic prices for the like or 
        directly competitive article and a rapid increase in imports of 
        the imported article, the Commission shall apply a rebuttable 
        presumption that the criteria in clauses (i) and (ii) are met. 
        For purposes of this paragraph, the term `rapid' means a change 
        of 10 percent or more from one calendar quarter to the next, 
        and the price decline and the increase in imports need not be 
        contemporaneous. In any case in which this presumption does not 
        apply, or in which it applies but is rebutted, the Commission 
        shall conduct a critical circumstances analysis as if no such 
        presumption applied.''.

SEC. 104. INJURY FACTORS.

    Section 202(c)(1)(A) of the Trade Act of 1974 (19 U.S.C. 
2252(c)(1)(A)) is amended to read as follows:
                    ``(A) with respect to serious injury--
                            ``(i) the rate and amount of the increase 
                        in imports of the product concerned in absolute 
                        and relative terms;
                            ``(ii) the share of the domestic market 
                        taken by increased imports;
                            ``(iii) changes in the level of sales;
                            ``(iv) production;
                            ``(v) productivity;
                            ``(vi) capacity utilization;
                            ``(vii) profits and losses; and
                            ``(viii) employment;''.

      TITLE II--AMENDMENTS TO TITLE VII OF THE TARIFF ACT OF 1930

SEC. 201. CAPTIVE PRODUCTION.

    Section 771(7)(C)(iv) of the Tariff Act of 1930 (19 U.S.C. 
1677(7)(C)(iv)) is amended to read as follows:
                            ``(iv) Captive production.--If domestic 
                        producers transfer internally, including to 
                        affiliated persons as defined in section 
                        771(33), significant production of the domestic 
                        like product for the production of a downstream 
                        article and sell significant production of the 
                        domestic like product in the merchant market, 
                        then the Commission, in determining market 
                        share and the factors affecting financial 
                        performance set forth in clause (iii), shall 
                        focus on the merchant market.''.

SEC. 202. CUMULATION.

    Section 771(7)(G)(i) of the Tariff Act of 1930 (19 U.S.C. 
1677(7)(G)(i)) is amended to read as follows:
                            ``(i) In general.--For purposes of clauses 
                        (i) and (ii) of subparagraph (C), and subject 
                        to clause (ii), the Commission shall 
                        cumulatively assess the volume and effect of 
                        imports of the subject merchandise from all 
                        countries subject to petitions filed under 
                        section 702(b) or 732(b), or subject to 
                        investigations initiated under 702(a) or 
                        732(a), if such petitions were filed, or such 
                        investigations were initiated, within 90 days 
                        before the date on which the Commission is 
                        required to make its final injury 
                        determination, and if such imports compete with 
                        each other and with the domestic like products 
                        in the United States market.''.

SEC. 203. CAUSAL RELATIONSHIP BETWEEN IMPORTS AND INJURY.

    Section 771(7)(C) of the Tariff act of 1930 (19 U.S.C. 1677(7)(C)), 
as amended by section 201, is amended by adding at the end the 
following new clause:
                            ``(v) Imports; basis for affirmative 
                        determination.--The Commission shall not weigh 
                        against other factors the injury caused by 
                        imports found by the administering authority to 
                        be dumped or provided a countervailable 
                        subsidy. Rather, if the imports are a 
                        contributing cause of injury to the domestic 
                        industry, the Commission shall make an 
                        affirmative determination, unless the injury 
                        caused by the imports is inconsequential, 
                        immaterial, or unimportant.''.

SEC. 204. PRESUMPTION OF THREAT OF MATERIAL INJURY.

    Section 771(7)(F) of the Tariff Act of 1930 (19 U.S.C. 1677(7)(F)) 
is amended by redesignating clause (iii) as clause (iv) and inserting 
after clause (ii) the following new clause:
                            ``(iii) Presumption of threat of material 
                        injury.--Notwithstanding clauses (i) and (ii), 
                        if the Commission finds that, at any time 
                        during the 12-month period preceding the 
                        initiation of an investigation, there has been 
                        a rapid decline in domestic prices for the 
                        domestic like product and a rapid increase in 
                        imports of the subject merchandise, the 
                        Commission shall apply a rebuttable presumption 
                        that the domestic industry is threatened with 
                        material injury by reason of such imports. For 
                        purposes of this clause, the term `rapid' means 
                        a change of 10 percent or more from one 
                        calendar quarter to the next, and the price 
                        decline and the increase in imports need not be 
                        contemporaneous. In any case in which this 
                        presumption does not apply, or in which it 
                        applies but is rebutted, the Commission shall 
                        conduct a threat of injury analysis as if no 
                        such presumption applied.''.

SEC. 205. PRESUMPTION OF CRITICAL CIRCUMSTANCES.

    (a) Initial Finding by Commission.--
            (1) Countervailable subsidy.--Section 703(a) of the Tariff 
        Act of 1930 (19 U.S.C. 1671b(a)) is amended by adding at the 
        end the following:
            ``(3) Determination of rapid decline.--Any preliminary 
        determination by the Commission under this subsection shall 
        include a determination of whether at any time during the 12-
        month period preceding the initiation of the investigation 
        there has been a rapid decline in domestic prices for the 
        domestic like product. For purposes of this paragraph, the term 
        `rapid' means a change of 10 percent or more from one calendar 
        quarter to the next.''.
            (2) Dumping.--Section 733(a) of the Tariff Act of 1930 (19 
        U.S.C. 1673b(a)) is amended by adding at the end the following:
            ``(3) Determination of rapid decline.--Any preliminary 
        determination by the Commission under this subsection shall 
        include a determination of whether at any time during the 12-
        month period preceding the initiation of the investigation 
        there has been a rapid decline in domestic prices for the 
        domestic like product. For purposes of this paragraph, the term 
        `rapid' means a change of 10 percent or more from one calendar 
        quarter to the next.''.
    (b) Countervailing Duty Cases.--
            (1) Preliminary determinations by administering 
        authority.--Section 703(e) of the Tariff Act of 1930 (19 U.S.C. 
        1671b(e)) is amended by redesignating paragraph (2) as 
        paragraph (3) and inserting after paragraph (1) the following:
            ``(2) Presumption of critical circumstances.--
        Notwithstanding paragraph (1), if the Commission has found 
        under subsection (a)(3) a rapid decline in domestic prices 
        during a 12-month period and the administering authority finds 
        that a rapid increase in imports of the subject merchandise 
occurred during the same 12-month period, the administering authority 
shall apply a rebuttable presumption that critical circumstances exist 
with respect to such imports. For purposes of this paragraph, the term 
`rapid' means a change of 10 percent or more from one calendar quarter 
to the next, and the price decline and the increase in imports need not 
be contemporaneous. In any case in which this presumption does not 
apply, or in which it applies but is rebutted, the administering 
authority shall conduct a critical circumstances analysis as if no such 
presumption applied.''.
            (2) Final determinations by administering authority.--
        Section 705(a) of the Tariff Act of 1930 (19 U.S.C. 1671d(a)) 
        is amended by redesignating paragraph (3) as paragraph (4) and 
        inserting after paragraph (2) the following new paragraph:
            ``(3) Critical circumstances determinations; special 
        rule.--Notwithstanding paragraph (2), if the Commission has 
        found under section 703(a)(3) a rapid decline in domestic 
        prices during a 12-month period, and the administering 
        authority finds that a rapid increase in imports of the subject 
        merchandise occurred during the same 12-month period, the 
        administering authority shall apply a rebuttable presumption 
        that critical circumstances exist with respect to such imports. 
        For purposes of this paragraph, the term `rapid' means a change 
        of 10 percent or more from one calendar quarter to the next, 
        and the price decline and the increase in imports need not be 
        contemporaneous. In any case in which this presumption does not 
        apply, or in which it applies but is rebutted, the 
        administering authority shall conduct a critical circumstances 
        analysis as if no such presumption applied.''.
            (3) Final determinations by commission.--Section 
        705(b)(4)(A) of the Tariff Act of 1930 (19 U.S.C. 
        1671d(b)(4)(A)) is amended by inserting after clause (ii) the 
        following new clause:
                            ``(iii) Presumption that standard for 
                        retroactive application is met.--
                        Notwithstanding clause (ii), if the Commission 
                        determines that, at any time during the 12-
                        month period since the initiation of the 
                        investigation, there has been a rapid decline 
                        in domestic prices for the domestic like 
                        product and a rapid increase in imports of the 
                        subject merchandise, the Commission shall apply 
                        a rebuttable presumption that the imports 
                        subject to the affirmative determination under 
                        subsection (a)(2) are likely to undermine 
                        seriously the remedial effect of the 
                        countervailing duty order to be issued under 
                        section 706. For purposes of this clause, the 
                        term `rapid' means a change of 10 percent or 
                        more from one calendar quarter to the next, and 
                        the price decline and the increase in imports 
                        need not be contemporaneous. In any case in 
                        which this presumption does not apply, or in 
                        which it applies but is rebutted, the 
                        Commission shall conduct a critical 
                        circumstances analysis as if no such 
                        presumption applied.''.
    (c) Antidumping Cases.--
            (1) Preliminary determinations by administering 
        authority.--Section 733(e) of the Tariff Act of 1930 (19 U.S.C. 
        1673b(e)) is amended by redesignating paragraph (2) as 
        paragraph (3) and inserting after paragraph (1) the following 
        new paragraph:
            ``(2) Presumption of critical circumstances.--
        Notwithstanding paragraph (1), if the Commission has found 
        under subsection (a)(3) a rapid decline in domestic prices 
        during a 12-month period and the administering authority finds 
        that a rapid increase in imports of the subject merchandise 
        occurred during the same 12-month period, the administering 
        authority shall apply a rebuttable presumption that critical 
        circumstances exist with respect to such imports. For purposes 
        of this paragraph, the term `rapid' means a change of 10 
        percent or more from one calendar quarter to the next, and the 
        price decline and the increase in imports need not be 
        contemporaneous. In any case in which this presumption does not 
        apply, or in which it applies but is rebutted, the 
        administering authority shall conduct a critical circumstances 
        analysis as if no such presumption applied.''.
            (2) Final determinations by administering authority.--
        Section 735(a) of the Tariff Act of 1930 (19 U.S.C. 1673d(a)) 
        is amended by redesignating paragraph (4) as paragraph (5) and 
        inserting after paragraph (3) the following:
            ``(4) Critical circumstances determinations; special 
        rule.--Notwithstanding paragraph (3), if the Commission has 
        found under section 733(a)(3) a rapid decline in domestic 
        prices during a 12-month period, and the administering 
        authority finds that a rapid increase in imports of the subject 
        merchandise occurred during the same 12-month period, the 
        administering authority shall apply a rebuttable presumption 
        that critical circumstances exist with respect to such imports. 
        For purposes of this paragraph, the term `rapid' means a change 
        of 10 percent or more from one calendar quarter to the next, 
        and the price decline and the increase in imports need not be 
        contemporaneous. In any case in which this presumption does not 
        apply, or in which it applies but is rebutted, the 
        administering authority shall conduct a critical circumstances 
        analysis as if no such presumption applied.''.
            (3) Final determinations by commission.--Section 
        735(b)(4)(A) of the Tariff Act of 1930 (19 U.S.C. 
        1673d(b)(4)(A)) is amended by adding after clause (ii) the 
        following:
                            ``(iii) Presumption that standard for 
                        retroactive application is met.--
                        Notwithstanding clause (ii), if the Commission 
                        determines that, at any time during the 12-
                        month period since the initiation of the 
                        investigation, there has been a rapid decline 
                        in domestic prices for the domestic like 
                        product and a rapid increase in imports of the 
                        subject merchandise, the Commission shall apply 
                        a rebuttable presumption that the imports 
                        subject to the affirmative determination under 
                        subsection (a)(3) are likely to undermine 
                        seriously the remedial effect of the 
                        antidumping duty order to be issued under 
                        section 736. For purposes of this clause, the 
                        term `rapid' means a change of 10 percent or 
                        more from one calendar quarter to the next, and 
                        the price decline and the increase in imports 
                        need not be contemporaneous. In any case in 
                        which this presumption does not apply, or in 
                        which it applies but is rebutted, the 
                        Commission shall conduct a critical 
                        circumstances analysis as if no such 
                        presumption applied.''.

SEC. 206. PREVENTION OF CIRCUMVENTION.

    Section 781(c) of the Tariff Act of 1930 (19 U.S.C. 1677j(c)) is 
amended to read as follows:
    ``(c) Minor Alterations of Merchandise.--The class or kind of 
merchandise subject to--
            ``(1) an investigation under this subtitle,
            ``(2) an antidumping duty order issued under section 736,
            ``(3) a finding issued under the Antidumping Act, 1921, or
            ``(4) a countervailing duty order issued under section 706 
        or section 303,
shall include articles whose form or appearance has been altered in 
minor respects by changes in production process (including raw 
agricultural products that have undergone minor processing), regardless 
of any change in tariff classification and regardless of whether the 
merchandise description used in the investigation, order, or finding 
would otherwise exclude the altered article.''.

SEC. 207. DOMESTIC INDUSTRY SUPPORT FOR SUSPENSION AGREEMENTS.

    (a) Countervailing Duty Cases.--Section 704(d) of the Tariff Act of 
1930 (19 U.S.C. 1671c(d)(1)) is amended--
            (1) in paragraph (1)--
                    (A) by striking ``and'' at the end of subparagraph 
                (A);
                    (B) by striking the period at the end of 
                subparagraph (B), and inserting ``, and''; and
                    (C) by inserting after subparagraph (B) the 
                following new subparagraph:
                    ``(C) the domestic producers or workers who support 
                the agreement account for more than 50 percent of the 
                production of the domestic like product produced by 
                those expressing an opinion on the agreement.''; and
            (2) by adding at the end the following new paragraph:
            ``(4) Special rules relating to domestic producer and 
        worker support.--
                    ``(A) Determination of industry support.--
                            ``(i) Certain positions disregarded.--
                                    ``(I) Producers related to foreign 
                                producers.--In determining industry 
                                support under paragraph (1)(C), the 
                                administering authority shall disregard 
                                the position of domestic producers who 
                                support the agreement, if such 
                                producers are related to foreign 
                                producers, as defined in section 
                                771(4)(B)(ii), unless such domestic 
                                producers demonstrate that their 
                                interests as domestic producers would 
                                be adversely affected if the agreement 
                                is not accepted.
                                    ``(II) Producers who are 
                                importers.--The administering authority 
                                may disregard the position of domestic 
                                producers of a domestic like product 
                                who are importers of the subject 
                                merchandise.
                            ``(ii) Special rule for regional 
                        industries.--If the petition which led to the 
                        proposed suspension agreement alleges that the 
                        industry is a regional industry, the 
                        administering authority shall determine whether 
                        the agreement is supported by or on behalf of 
                        the industry by applying paragraph (1)(C) on 
                        the basis of production in the region.
                    ``(B) National security exception.--In any case in 
                which the administering authority determines that the 
                domestic producers or workers who support the agreement 
                do not account for more than 50 percent of the 
                production of the domestic like product produced by 
                those expressing an opinion on the agreement, the 
                administering authority may accept the agreement, 
                notwithstanding the provisions of paragraph (1)(C), if 
                the President determines and certifies to the 
administering authority that failure to accept the agreement would 
undermine the national security interests of the United States or pose 
an extraordinary threat to the economy of the United States.''.
    (b) Antidumping Duty Cases.--Section 734(d) of the Tariff Act of 
1930 (19 U.S.C. 1673c(d)) is amended--
            (1) by redesignating paragraphs (1) and (2) as 
        subparagraphs (A) and (B), respectively;
            (2) by striking ``The administering authority'' and 
        inserting:
            ``(1) In general.--The administering authority'';
            (3) by striking ``and'' at the end of subparagraph (A), as 
        redesignated;
            (4) by striking the period at the end of subparagraph (B), 
        as redesignated, and inserting ``, and'';
            (5) by inserting after subparagraph (B), as redesignated, 
        the following new subparagraph:
                    ``(C) the domestic producers or workers who support 
                the agreement account for more than 50 percent of the 
                production of the domestic like product produced by 
                those expressing an opinion on the agreement.''; and
            (6) by adding at the end the following new paragraph:
            ``(2) Special rules relating to domestic producer and 
        worker support.--
                    ``(A) Determination of industry support.--
                            ``(i) Certain positions disregarded.--
                                    ``(I) Producers related to foreign 
                                producers.--In determining domestic 
                                producer or worker support for purposes 
                                of paragraph (1)(C), the administering 
                                authority shall disregard the position 
                                of domestic producers who support the 
                                agreement, if such producers are 
                                related to foreign producers, as 
                                defined in section 771(4)(B)(ii), 
                                unless such domestic producers 
                                demonstrate that their interests as 
                                domestic producers would be adversely 
                                affected if the agreement is not 
                                accepted.
                                    ``(II) Producers who are 
                                importers.--The administering authority 
                                may disregard the position of domestic 
                                producers of a domestic like product 
                                who are importers of the subject 
                                merchandise.
                            ``(ii) Special rule for regional 
                        industries.--If the petition which led to the 
                        proposed suspension agreement alleges the 
                        industry is a regional industry, the 
                        administering authority shall determine whether 
                        the agreement is supported by or on behalf of 
                        the industry by applying paragraph (1)(C) on 
                        the basis of production in the region.
                    ``(B) National security exception.--In any case in 
                which the administering authority determines that the 
                domestic producers or workers who support the agreement 
                do not account for more than 50 percent of the 
                production of the domestic like product produced by 
                those expressing an opinion on the agreement, the 
                administering authority may accept the agreement, 
                notwithstanding the provisions of paragraph (1)(C), if 
                the President determines and certifies to the 
                administering authority that failure to accept the 
                agreement would undermine the national security 
                interests of the United States or pose an extraordinary 
                threat to the economy of the United States.''.

SEC. 208. IMPACT OF SAFEGUARD DETERMINATIONS ON 5-YEAR REVIEW 
              DETERMINATIONS.

    Section 752(a) of the Tariff Act of 1930 (19 U.S.C. 1675a(a)) is 
amended by adding at the end the following new paragraph:
            ``(9) Impact of prior serious injury determinations.--
                    ``(A) Affirmative serious injury determinations.--
                If the Commission has recently determined, under 
                chapter 1 of title II of the Trade Act of 1974, that 
                the domestic industry producing particular merchandise 
                suffers from or is threatened with serious injury by 
                reason of increased imports, the Commission shall apply 
                a rebuttable presumption that material injury is 
                ongoing for purposes of any 5-year review under section 
                751(c) involving the same merchandise. The Commission 
                shall not treat the imposition of measures under 
                chapter 1 of title II of the Trade Act of 1974 
                resulting from such an affirmative determination as 
                reducing the likelihood of continuation or recurrence 
                of material injury for purposes of the 5-year review. 
                For purposes of this subparagraph, the term `recently' 
                means within the 48-month period ending on the date on 
                which the 5-year review is initiated.
                    ``(B) Negative serious injury determinations.--If 
                the Commission has previously determined, under chapter 
                1 of title II of the Trade Act of 1974, that a domestic 
                industry is not suffering from or threatened with 
                serious injury by reason of increased imports, the 
                Commission shall treat that determination as having no 
                impact on the Commission's determination in a 
                subsequent 5-year review under section 751(c) involving 
                the same merchandise as to whether material injury is 
                likely to continue or recur if an antidumping or 
                countervailing duty order is lifted.''.

SEC. 209. REIMBURSEMENT OF DUTIES.

    Section 772(d) of the Tariff Act of 1930 (19 U.S.C. 1677a(d)) is 
amended--
            (1) by striking ``and'' at the end of paragraph (2);
            (2) by striking the period at the end of paragraph (3) and 
        inserting a semicolon; and
            (3) by adding at the end the following new paragraphs:
            ``(4) if the importer is the producer or exporter, or the 
        importer and the producer or exporter are affiliated persons, 
        an amount equal to the dumping margin calculated under section 
        771(35)(A), unless the producer or exporter is able to 
        demonstrate that the importer was in no way reimbursed for any 
        antidumping duties paid; and
            ``(5) if the importer is the producer or exporter, or the 
        importer and the producer or exporter are affiliated persons, 
        an amount equal to the net countervailable subsidy calculated 
        under section 771(6), unless the producer or exporter is able 
        to demonstrate that the importer was in no way reimbursed for 
        any antidumping duties paid.''.

SEC. 210. TRANSACTIONS BETWEEN AFFILIATED PARTIES.

    Section 773(f) of the Tariff Act of 1930 (19 U.S.C. 1677b(f)) is 
amended--
            (1) in paragraph (2), by striking ``A transaction'' and 
        inserting ``Regardless of whether the administering authority 
        determines to treat affiliated persons as a single entity for 
        other purposes, a transaction''; and
            (2) in paragraph (3), by striking ``If'' and inserting 
        ``Regardless of whether the administering authority determines 
        to treat affiliated persons as a single entity for other 
        purposes, if''.

SEC. 211. PERISHABLE AGRICULTURAL PRODUCTS.

    (a) Definition of Industries.--Section 771(4)(A) of the Tariff Act 
of 1930 (19 U.S.C. 1677(4)(A)) is amended by adding at the end the 
following: ``If the Commission determines that an agricultural product 
has a short shelf life and is a perishable product, the Commission 
shall treat the producers of the product in a defined period or season 
as the domestic industry. If the subheading under the Harmonized Tariff 
Schedule of the United States for an agricultural product has a 6- or 
8-digit classification based on the period of time during the calendar 
year in which the product is harvested or imported, such periods of 
time constitute a defined period or season for purposes of this 
paragraph.''.
    (b) Determination of Injury.--Section 771(7)(D) of the Tariff Act 
of 1930 (19 U.S.C. 1677(7)(D)) is amended by adding at the end the 
following new clauses:
                            ``(iii) In the case of an agricultural 
                        industry involving a perishable product with a 
                        short shelf life, if a request for seasonal 
                        evaluation has been made by the petitioners, 
                        the Commission shall consider the factors in 
                        subparagraph (C) on a seasonal basis during the 
                        period identified as relevant.
                            ``(iv) In the case of agricultural 
                        products, partially picked or unpicked crops 
                        and abandoned acreage may be considered in lieu 
                        of other measures of capacity and capacity 
                        utilization.
                            ``(v) The impact of other factors, such as 
                        weather, on agricultural production and 
                        producers shall not be weighed against the 
                        contribution of the imported subject 
                        merchandise to the condition of the domestic 
                        industry.''.

SEC. 212. FULL RECOGNITION OF SUBSIDY CONFERRED THROUGH PROVISION OF 
              GOODS AND SERVICES AND PURCHASE OF GOODS.

    Section 771(5)(E) of the Tariff Act of 1930 (19 U.S.C. 1677(5)(E)) 
is amended by adding at the end the following: ``If transactions in the 
country which is the subject of the investigation or review do not 
reflect market conditions due to government action associated with 
provision of the goods or service or purchase of the goods, 
determination of the adequacy of remuneration shall be through 
comparison with the most comparable market price elsewhere in the 
world.''.

                  TITLE III--STEEL IMPORT NOTIFICATION

SEC. 301. STEEL IMPORT NOTIFICATION AND MONITORING PROGRAM.

    (a) In General.--Not later than 30 days after the date of enactment 
of this Act, the Secretary of Commerce, in consultation with the 
Secretary of the Treasury, shall establish and implement a steel import 
notification and monitoring program. The program shall include a 
requirement that any person importing a product classified under 
chapter 72 or 73 of the Harmonized Tariff Schedule of the United States 
obtain an import notification certificate before such products are 
entered into the United States.
    (b) Steel Import Notification Certificates.--
            (1) In general.--In order to obtain a steel import 
        notification certificate, an importer shall submit to the 
        Secretary of Commerce an application containing--
                    (A) the importer's name and address;
                    (B) the name and address of the supplier of the 
                goods to be imported;
                    (C) the name and address of the producer of the 
                goods to be imported;
                    (D) the country of origin of the goods;
                    (E) the country from which the goods are to be 
                imported;
                    (F) the United States Customs port of entry where 
                the goods will be entered;
                    (G) the expected date of entry of the goods into 
                the United States;
                    (H) a description of the goods, including the 
                classification of such goods under the Harmonized 
                Tariff Schedule of the United States;
                    (I) the quantity (in kilograms and net tons) of the 
                goods to be imported;
                    (J) the cost insurance freight (CIF) and free 
                alongside ship (FAS) values of the goods to be entered;
                    (K) whether the goods are being entered for 
                consumption or for entry into a bonded warehouse or 
                foreign trade zone;
                    (L) a certification that the information furnished 
                in the certificate application is correct; and
                    (M) any other information the Secretary of Commerce 
                determines to be necessary and appropriate.
            (2) Entry into customs territory.--In the case of 
        merchandise classified under chapter 72 or 73 of the Harmonized 
        Tariff Schedule of the United States that is initially entered 
        into a bonded warehouse or foreign trade zone, a steel import 
        notification certificate shall be required before the 
        merchandise is entered into the customs territory of the United 
        States.
            (3) Issuance of steel import notification certificate.--The 
        Secretary of Commerce shall issue a steel import notification 
        certificate to any person who files an application that meets 
        the requirements of this section. Such certificate shall be 
        valid for a period of 30 days from the date of issuance.
    (c) Statistical Information.--
            (1) In general.--The Secretary of Commerce shall compile 
        and publish on a weekly basis information described in 
        paragraph (2).
            (2) Information described.--Information described in this 
        paragraph means information obtained from steel import 
        notification certificate applications concerning steel imported 
        into the United States and includes with respect to such 
        imports the Harmonized Tariff Schedule of the United States 
        classification (to the tenth digit), the country of origin, the 
        port of entry, quantity, value of steel imported, and whether 
        the imports are entered for consumption or are entered into a 
        bonded warehouse or foreign trade zone. Such information shall 
        also be compiled in aggregate form and made publicly available 
        by the Secretary of Commerce on a weekly basis by public 
        posting through an Internet website. The information provided 
        under this section shall be in addition to any information 
        otherwise required by law.
    (d) Fees.--The Secretary of Commerce may prescribe reasonable fees 
and charges to defray the costs of carrying out the provisions of this 
section, including a fee for issuing a certificate under this section.
    (e) Single Producer and Exporter Countries.--Notwithstanding any 
other provision of law, the Secretary of Commerce shall make publicly 
available all information required to be released pursuant to 
subsection (c), including information obtained regarding imports from a 
foreign producer or exporter that is the only producer or exporter of 
goods subject to this section from a foreign country.
    (f) Regulations.--The Secretary of Commerce may prescribe such 
rules and regulations relating to the steel import notification and 
monitoring program as may be necessary to carry out the provisions of 
this section.
                                 <all>