117 HR 3926 IH: Defending Domestic Produce Protection Act
U.S. House of Representatives
2021-06-16
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I
117th CONGRESS
1st Session
H. R. 3926
IN THE HOUSE OF REPRESENTATIVES
June 16, 2021
Mr. Buchanan (for himself, Mr. Lawson of Florida, Mrs. Cammack, Mr. Waltz, Mr. Posey, Mr. Huizenga, Mr. Austin Scott of Georgia, Ms. Salazar, Mr. Gaetz, Mr. Crist, Mr. C. Scott Franklin of Florida, Ms. Wilson of Florida, Mr. Dunn, Mr. Soto, Mr. Bilirakis, Mr. Rutherford, Mr. Diaz-Balart, Mr. Mast, Mr. Webster of Florida, Mr. Gimenez, Mrs. Demings, Mrs. Murphy of Florida, Ms. Lois Frankel of Florida, Mr. Allen, Ms. Wasserman Schultz, Ms. Castor of Florida, Mr. Deutch, Mr. Steube, Mr. Donalds, Mr. Carter of Georgia, Mr. Upton, Mrs. McClain, and Mr. Bergman) introduced the following bill; which was referred to the Committee on Ways and Means
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.
1.

Short title
This Act may be cited as the “Defending Domestic Produce Protection Act” .
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,”.
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”.
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”.
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.