Defending Domestic Produce Protection Act

I 117TH CONGRESS 1ST SESSION H. R. 3926 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. 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. CAS- TOR 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. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 05:57 Jul 02, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3926.IH H3926 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 3926 IH SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Defending Domestic 2 Produce Protection Act’’. 3 SEC. 2. DEFINITIONS. 4 (a) CORE SEASONAL INDUSTRY.—Section 771 of the 5 Tariff Act of 1930 (19 U.S.C. 1677) is amended by add- 6 ing at the end the following: 7 ‘‘(37) CORE SEASONAL INDUSTRY.—The term 8 ‘core seasonal industry’ means the producers— 9 ‘‘(A) of a domestic like product that is a 10 raw agricultural product, 11 ‘‘(B) whose collective output of the domes- 12 tic like product constitutes a majority of the 13 total production of the domestic like product in 14 any State or group of States that accounts for 15 a major portion of the total production of the 16 domestic like product during any discrete sea- 17 son or cyclical period of time that concludes not 18 later than 8 weeks after the date in which the 19 product is harvested, and 20 ‘‘(C) that make substantially all of their 21 sales of the domestic like product during the 22 season or cyclical period of time described in 23 subparagraph (B).’’. 24 (b) INDUSTRY.—Section 771(4)(A) of the Tariff Act 25 of 1930 (19 U.S.C. 1677(4)(A)) is amended— 26 VerDate Sep 11 2014 05:57 Jul 02, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3926.IH H3926 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 3926 IH (1) by striking ‘‘ ‘industry’ means the pro- 1 ducers’’ and inserting the following: ‘‘ ‘industry’ 2 means— 3 ‘‘(i) the producers’’; 4 (2) by striking the end period and inserting ‘‘, 5 or’’; and 6 (3) by adding at the end the following: 7 ‘‘(ii) a core seasonal industry.’’. 8 (c) INTERESTED PARTY.—Section 771(9)(E) of the 9 Tariff Act of 1930 (19 U.S.C. 1677(9)(E)) is amended— 10 (1) by striking ‘‘association a majority’’ and in- 11 serting the following: ‘‘association— 12 ‘‘(i) except as provided in clause (ii), 13 a majority’’; 14 (2) by inserting ‘‘or’’ after ‘‘States,’’; and 15 (3) by adding at the end the following: 16 ‘‘(ii) in the case of a proceeding under 17 this title involving a core seasonal industry, 18 whose members constitute not less than 80 19 percent of the core seasonal industry,’’. 20 SEC. 3. IMPROVEMENTS TO COUNTERVAILING DUTY PRO- 21 CEDURES FOR CORE SEASONAL INDUSTRIES. 22 (a) DETERMINATION OF INDUSTRY SUPPORT.—Sec- 23 tion 702(c)(4) of the Tariff Act of 1930 (19 U.S.C. 24 1671a(c)(4)) is amended— 25 VerDate Sep 11 2014 05:57 Jul 02, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3926.IH H3926 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 3926 IH (1) in subparagraph (A)— 1 (A) by redesignating clauses (i) and (ii) as 2 subclauses (I) and (II), and by moving such 3 subclauses, as so redesignated, 2 ems to the 4 right; 5 (B) in the matter preceding subclause (I), 6 as redesignated by subparagraph (A), by strik- 7 ing ‘‘behalf of the industry, if—’’ and inserting 8 the following: ‘‘behalf of— 9 ‘‘(i) an industry (other than a core 10 seasonal industry), if—’’; 11 (C) in subclause (II), as redesignated by 12 subparagraph (A), by striking the period at the 13 end and inserting ‘‘, or’’; and 14 (D) by adding at the end the following: 15 ‘‘(ii) a core seasonal industry, if the 16 domestic producers or workers who sup- 17 port the petition account for at least 50 18 percent of the total production of the do- 19 mestic like product in any State or group 20 of States that accounts for at least 50 per- 21 cent of total production of the domestic 22 like product during the season or cyclical 23 period of time specified in the petition, de- 24 termined by averaging production over the 25 VerDate Sep 11 2014 05:57 Jul 02, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3926.IH H3926 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 3926 IH 3 seasons or cyclical periods of time pre- 1 ceding the filing of the petition.’’; 2 (2) in subparagraph (B)(i), by inserting ‘‘(dur- 3 ing the season or cyclical period of time specified in 4 the petition, if applicable)’’ after ‘‘their interests as 5 domestic producers’’; and 6 (3) in subparagraph (D), in the matter pre- 7 ceding clause (i), by striking ‘‘support’’ and all that 8 follows through ‘‘domestic like product’’ and insert- 9 ing ‘‘industry support in accordance with subpara- 10 graph (A)’’. 11 (b) SUSPENSION OF INVESTIGATIONS FOR EXTRAOR- 12 DINARY CIRCUMSTANCES.—Section 704(c)(4)(A)(i) of the 13 Tariff Act of 1930 (19 U.S.C. 1671c(c)(4)(A)(i)) is 14 amended by inserting ‘‘(as defined in section 15 771(4)(A)(i))’’ after ‘‘domestic industry’’. 16 (c) EFFECT OF FINAL DETERMINATIONS.—Section 17 705(c)(1) of the Tariff Act of 1930 (19 U.S.C. 18 1671d(c)(1)) is amended— 19 (1) by redesignating subparagraph (C) as sub- 20 paragraph (D); 21 (2) in subparagraph (B)(ii), by striking ‘‘, and’’ 22 and inserting a comma; and 23 (3) by inserting after subparagraph (B) the fol- 24 lowing: 25 VerDate Sep 11 2014 05:57 Jul 02, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3926.IH H3926 kjohnson on DSK79L0C42PROD with BILLS 6 •HR 3926 IH ‘‘(C) in cases involving a countervailable 1 subsidy that affects a core seasonal industry 2 solely during a specific season or cyclical period 3 of time, the administering authority shall limit 4 the application of any rate determined under 5 subparagraph (B) to that season or cyclical pe- 6 riod of time, and’’. 7 SEC. 4. IMPROVEMENTS TO ANTIDUMPING DUTY PROCE- 8 DURES FOR CORE SEASONAL INDUSTRIES. 9 (a) DETERMINATION OF INDUSTRY SUPPORT.—Sec- 10 tion 732(c)(4) of the Tariff Act of 1930 (19 U.S.C. 11 1673a(c)(4)) is amended— 12 (1) in subparagraph (A)— 13 (A) by redesignating clauses (i) and (ii) as 14 subclauses (I) and (II), and by moving such 15 subclauses, as so redesignated, 2 ems to the 16 right; 17 (B) in the matter preceding subclause (I), 18 as redesignated by subparagraph (A), by strik- 19 ing ‘‘behalf of the industry, if—’’ and inserting 20 the following: ‘‘behalf of— 21 ‘‘(i) an industry (other than a core 22 seasonal industry), if—’’; 23 VerDate Sep 11 2014 05:57 Jul 02, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3926.IH H3926 kjohnson on DSK79L0C42PROD with BILLS 7 •HR 3926 IH (C) in subclause (II), as redesignated by 1 subparagraph (A), by striking the period at the 2 end and inserting ‘‘, or’’; and 3 (D) by adding at the end the following: 4 ‘‘(ii) a core seasonal industry, if the 5 domestic producers or workers who sup- 6 port the petition account for at least 50 7 percent of the total production of the do- 8 mestic like product in any State or group 9 of States that accounts for at least 50 per- 10 cent of total production of the domestic 11 like product during the season or cyclical 12 period of time specified in the petition, de- 13 termined by averaging production over the 14 3 seasons or cyclical periods of time pre- 15 ceding the filing of the petition.’’; 16 (2) in subparagraph (B)(i), by inserting ‘‘(dur- 17 ing the season or cyclical period of time specified in 18 the petition, if applicable)’’ after ‘‘their interests as 19 domestic producers’’; and 20 (3) in subparagraph (D), in the matter pre- 21 ceding clause (i), by striking ‘‘support’’ and all that 22 follows through ‘‘domestic like product’’ and insert- 23 ing ‘‘industry support in accordance with subpara- 24 graph (A)’’. 25 VerDate Sep 11 2014 05:57 Jul 02, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H3926.IH H3926 kjohnson on DSK79L0C42PROD with BILLS 8 •HR 3926 IH (b) SUSPENSION OF INVESTIGATIONS FOR EXTRAOR- 1 DINARY CIRCUMSTANCES.—Section 734(c)(2)(A)(i) of the 2 Tariff Act of 1930 (19 U.S.C. 1673c(c)(2)(A)(i)) is 3 amended by inserting ‘‘(as defined in section 4 771(4)(A)(i))’’ after ‘‘domestic industry’’. 5 (c) EFFECT OF FINAL DETERMINATIONS.—Section 6 735(c)(1) of the Tariff Act of 1930 (19 U.S.C. 7 1673d(c)(1)) is amended— 8 (1) by redesignating subparagraph (C) as sub- 9 paragraph (D); 10 (2) in subparagraph (B)(ii), by striking ‘‘, and’’ 11 and inserting a comma; and 12 (3) by inserting after subparagraph (B) the fol- 13 lowing: 14 ‘‘(C) in cases involving dumping that af- 15 fects a core seasonal industry solely during a 16 specific season or cyclical period of time, the 17 administering authority shall limit the applica- 18 tion of any rate determined under subpara- 19 graph (B) to that season or cyclical period of 20 time, and’’. 21 SEC. 5. APPLICATION TO CANADA AND MEXICO. 22 Pursuant to section 418 of the United States-Mexico- 23 Canada Agreement Implementation Act (19 U.S.C. 4588), 24 VerDate Sep 11 2014 05:57 Jul 02, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H3926.IH H3926 kjohnson on DSK79L0C42PROD with BILLS 9 •HR 3926 IH the amendments made by this Act apply with respect to 1 goods from Canada and Mexico. 2 Æ VerDate Sep 11 2014 05:57 Jul 02, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6301 E:\BILLS\H3926.IH H3926 kjohnson on DSK79L0C42PROD with BILLS