Defending Domestic Produce Production Act of 2019

II 116TH CONGRESS 1ST SESSION S. 16 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 SENATE OF THE UNITED STATES JANUARY 3, 2019 Mr. RUBIO introduced the following bill; which was read twice and referred to the Committee on Finance 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 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Defending Domestic 4 Produce Production Act of 2019’’. 5 VerDate Sep 11 2014 04:22 Jan 04, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S16.IS S16 kjohnson on DSK79L0C42 with BILLS 2 •S 16 IS SEC. 2. DEFINITIONS. 1 (a) CORE SEASONAL INDUSTRY.—Section 771 of the 2 Tariff Act of 1930 (19 U.S.C. 1677) is amended by add- 3 ing at the end the following: 4 ‘‘(37) CORE SEASONAL INDUSTRY.—The term 5 ‘core seasonal industry’ means the producers— 6 ‘‘(A) of a domestic like product that is a 7 raw agricultural product, 8 ‘‘(B) whose collective output of the domes- 9 tic like product constitutes a majority of the 10 total production of the domestic like product in 11 any State or group of States that accounts for 12 a major portion of the total production of the 13 domestic like product during any discrete sea- 14 son or cyclical period of time that concludes not 15 later than 8 weeks after the date in which the 16 product is harvested, and 17 ‘‘(C) that make substantially all of their 18 sales of the domestic like product during the 19 season or cyclical period of time described in 20 subparagraph (B).’’. 21 (b) INDUSTRY.—Section 771 of the Tariff Act of 22 1930(4)(A) (19 U.S.C. 1677(4)(A)) is amended— 23 (1) by striking ‘‘ ‘industry’ means the pro- 24 ducers’’ and inserting the following: ‘‘ ‘industry’ 25 means— 26 VerDate Sep 11 2014 04:22 Jan 04, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S16.IS S16 kjohnson on DSK79L0C42 with BILLS 3 •S 16 IS ‘‘(i) the producers’’; 1 (2) by striking the end period and inserting ‘‘, 2 or’’; and 3 (3) by adding at the end the following: 4 ‘‘(ii) a core seasonal industry.’’. 5 (c) INTERESTED PARTY.—Section 771 of the Tariff 6 Act of 1930(9)(E) (19 U.S.C. 1677(9)(E)) is amended— 7 (1) by striking ‘‘association a majority’’ and in- 8 serting the following: ‘‘association— 9 ‘‘(i) except as provided in clause (ii), 10 a majority’’; 11 (2) by inserting ‘‘or’’ after ‘‘States,’’; and 12 (3) by adding at the end the following: 13 ‘‘(ii) in the case of a proceeding under 14 this title involving a core seasonal industry, 15 whose members constitute not less than 80 16 percent of the core seasonal industry,’’. 17 SEC. 3. IMPROVEMENTS TO COUNTERVAILING DUTY PRO- 18 CEDURES FOR CORE SEASONAL INDUSTRIES. 19 (a) DETERMINATION OF INDUSTRY SUPPORT.—Sec- 20 tion 702(c)(4) of the Tariff Act of 1930 (19 U.S.C. 21 1671a(c)(4)) is amended— 22 (1) in subparagraph (A)— 23 (A) by redesignating clauses (i) and (ii) as 24 subclauses (I) and (II), and by moving such 25 VerDate Sep 11 2014 04:22 Jan 04, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S16.IS S16 kjohnson on DSK79L0C42 with BILLS 4 •S 16 IS subclauses, as so redesignated, 2 ems to the 1 right; 2 (B) in the matter preceding subclause (I), 3 as redesignated by subparagraph (A), by strik- 4 ing ‘‘behalf of the industry, if—’’ and inserting 5 the following: ‘‘behalf of— 6 ‘‘(i) an industry (other than a core 7 seasonal industry), if—’’; 8 (C) in subclause (II), as redesignated by 9 subparagraph (A), by striking the period at the 10 end and inserting ‘‘, or’’; and 11 (D) by adding at the end the following: 12 ‘‘(ii) a core seasonal industry, if the 13 domestic producers or workers who sup- 14 port the petition account for at least 50 15 percent of the total production of the do- 16 mestic like product in any State or group 17 of States that accounts for at least 50 per- 18 cent of total production of the domestic 19 like product during the season or cyclical 20 period of time specified in the petition, de- 21 termined by averaging production over the 22 3 seasons or cyclical periods of time pre- 23 ceding the filing of the petition.’’; 24 VerDate Sep 11 2014 04:22 Jan 04, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S16.IS S16 kjohnson on DSK79L0C42 with BILLS 5 •S 16 IS (2) in subparagraph (B)(i), by inserting ‘‘(dur- 1 ing the season or cyclical period of time specified in 2 the petition, if applicable)’’ after ‘‘their interests as 3 domestic producers’’; and 4 (3) in subparagraph (D), in the matter pre- 5 ceding clause (i), by striking ‘‘support’’ and all that 6 follows through ‘‘domestic like product’’ and insert- 7 ing ‘‘industry support in accordance with subpara- 8 graph (A)’’. 9 (b) SUSPENSION OF INVESTIGATIONS FOR EXTRAOR- 10 DINARY CIRCUMSTANCES.—Section 704(c)(4)(A)(i) of the 11 Tariff Act of 1930 (19 U.S.C. 1671c(c)(4)(A)(i)) is 12 amended by inserting ‘‘(as defined in section 13 771(4)(A)(i))’’ after ‘‘domestic industry’’. 14 (c) EFFECT OF FINAL DETERMINATIONS.—Section 15 705(c)(1) of the Tariff Act of 1930 (19 U.S.C. 16 1671d(c)(1)) is amended— 17 (1) by redesignating subparagraph (C) as sub- 18 paragraph (D); 19 (2) in subparagraph (B)(ii), by striking ‘‘, and’’ 20 and inserting a comma; and 21 (3) by inserting after subparagraph (B) the fol- 22 lowing: 23 ‘‘(C) in cases involving a countervailable 24 subsidy that affects a core seasonal industry 25 VerDate Sep 11 2014 04:22 Jan 04, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S16.IS S16 kjohnson on DSK79L0C42 with BILLS 6 •S 16 IS solely during a specific season or cyclical period 1 of time, the administering authority shall limit 2 the application of any rate determined under 3 subparagraph (B) to that season or cyclical pe- 4 riod of time, and’’. 5 SEC. 4. IMPROVEMENTS TO ANTIDUMPING DUTY PROCE- 6 DURES FOR CORE SEASONAL INDUSTRIES. 7 (a) DETERMINATION OF INDUSTRY SUPPORT.—Sec- 8 tion 732(c)(4) of the Tariff Act of 1930 (19 U.S.C. 9 1673a(c)(4)) is amended— 10 (1) in subparagraph (A)— 11 (A) by redesignating clauses (i) and (ii) as 12 subclauses (I) and (II), and by moving such 13 subclauses, as so redesignated, 2 ems to the 14 right; 15 (B) in the matter preceding subclause (I), 16 as redesignated by subparagraph (A), by strik- 17 ing ‘‘behalf of the industry, if—’’ and inserting 18 the following: ‘‘behalf of— 19 ‘‘(i) an industry (other than a core 20 seasonal industry), if—’’; 21 (C) in subclause (II), as redesignated by 22 subparagraph (A), by striking the period at the 23 end and inserting ‘‘, or’’; and 24 (D) by adding at the end the following: 25 VerDate Sep 11 2014 04:22 Jan 04, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S16.IS S16 kjohnson on DSK79L0C42 with BILLS 7 •S 16 IS ‘‘(ii) a core seasonal industry, if the 1 domestic producers or workers who sup- 2 port the petition account for at least 50 3 percent of the total production of the do- 4 mestic like product in any State or group 5 of States that accounts for at least 50 per- 6 cent of total production of the domestic 7 like product during the season or cyclical 8 period of time specified in the petition, de- 9 termined by averaging production over the 10 3 seasons or cyclical periods of time pre- 11 ceding the filing of the petition.’’; 12 (2) in subparagraph (B)(i), by inserting ‘‘(dur- 13 ing the season or cyclical period of time specified in 14 the petition, if applicable)’’ after ‘‘their interests as 15 domestic producers’’; and 16 (3) in subparagraph (D), in the matter pre- 17 ceding clause (i), by striking ‘‘support’’ and all that 18 follows through ‘‘domestic like product’’ and insert- 19 ing ‘‘industry support in accordance with subpara- 20 graph (A)’’. 21 (b) SUSPENSION OF INVESTIGATIONS FOR EXTRAOR- 22 DINARY CIRCUMSTANCES.—Section 734(c)(2)(A)(i) of the 23 Tariff Act of 1930 (19 U.S.C. 1673c(c)(2)(A)(i)) is 24 VerDate Sep 11 2014 04:22 Jan 04, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S16.IS S16 kjohnson on DSK79L0C42 with BILLS 8 •S 16 IS amended by inserting ‘‘(as defined in section 1 771(4)(A)(i))’’ after ‘‘domestic industry’’. 2 (c) EFFECT OF FINAL DETERMINATIONS.—Section 3 735(c)(1) of the Tariff Act of 1930 (19 U.S.C. 4 1673d(c)(1)) is amended— 5 (1) by redesignating subparagraph (C) as sub- 6 paragraph (D); 7 (2) in subparagraph (B)(ii), by striking ‘‘, and’’ 8 and inserting a comma; and 9 (3) by inserting after subparagraph (B) the fol- 10 lowing: 11 ‘‘(C) in cases involving dumping that af- 12 fects a core seasonal industry solely during a 13 specific season or cyclical period of time, the 14 administering authority shall limit the applica- 15 tion of any rate determined under subpara- 16 graph (B) to that season or cyclical period of 17 time, and’’. 18 Æ VerDate Sep 11 2014 04:22 Jan 04, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6301 E:\BILLS\S16.IS S16 kjohnson on DSK79L0C42 with BILLS