117 S3812 IS: Emergency Relief from Duties Act U.S. Senate 2022-03-10 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II117th CONGRESS2d SessionS. 3812IN THE SENATE OF THE UNITED STATESMarch 10 (legislative day, March 7), 2022Mr. Marshall introduced the following bill; which was read twice and referred to the Committee on FinanceA BILLTo provide a temporary waiver of countervailing and antidumping duties relating to fertilizer or fertilizer ingredients if an emergency situation impacts the domestic production or supply of merchandise subject to those duties, and for other purposes.

1.

Short title

This Act may be cited as the Emergency Relief from Duties Act.

2.

Emergency waiver of countervailing and antidumping duties relating to fertilizer or fertilizer ingredients

(a)

Petition

Any covered party may petition the Commission to waive countervailing duties or antidumping duties assessed for covered merchandise under title VII of the Tariff Act of 1930 (19 U.S.C. 1671 et seq.), or renew any such waiver, if there is an emergency situation that—(1)limits the production in the United States of that merchandise in a manner that causes economic hardship for users of that merchandise or merchandise made from that merchandise; or(2)would result in a supply and demand disruption that substantially increases the price of that merchandise or merchandise made from that merchandise. (b)

Public comment

The Commission shall permit the public to submit comments concerning any petition for a waiver or renewal under subsection (a) for a period of not less than 30 days.(c)

Final decision on waiver or renewal

Not later than 30 days after the close of a public comment period under subsection (b) concerning a petition for a waiver or renewal under subsection (a), the Commission shall issue a final decision concerning that waiver or renewal.(d)

Period of waiver

Any waiver or renewal under this section shall be for a period of one year. (e)

Definitions

In this section:(1)

Commission

The term Commission means the United States International Trade Commission.(2)

Covered merchandise

The term covered merchandise means any fertilizer or ingredient used to make fertilizer.(3)

Covered party

The term covered party means any of the following:(A)An interested party, as that term is defined in section 771(9) of the Tariff Act of 1930 (19 U.S.C. 1677(9)), that is a United States person.(B)A coalition or trade association representative of agricultural producers or growers in the United States if those producers or growers utilize covered merchandise subject to countervailing duties or antidumping duties assessed under title VII of the Tariff Act of 1930 (19 U.S.C. 1671 et seq.) or merchandise made from covered merchandise subject to those duties.(4)

Emergency situation

The term emergency situation includes the following:(A)Acts of God, such as severe acts of nature or weather events including floods, fires, earthquakes, hurricanes, and explosions.(B)War, acts of terrorism, and epidemics.(C)Acts of governmental authorities such as expropriation, condemnation, and changes in laws and regulations.(D)Strikes and labor disputes.(E)Major accidents.