What This Bill Does
This bill amends federal trade laws to create special rules for "core seasonal industries" when they face investigations into unfair foreign trade practices (antidumping or countervailing duty investigations). The bill is called the "Defending Domestic Produce Protection Act" and applies these rules to goods from Canada and Mexico as well as other countries.
Who It Affects
Producers of raw agricultural products (a farm-based product in its natural state) that are sold during specific seasons or time periods. Trade investigators and government agencies that conduct antidumping and countervailing duty investigations.
Key Provisions
• The bill defines a "core seasonal industry" as producers of a raw agricultural product whose sales make up the majority of production in a state or group of states during a harvest season ending no later than 8 weeks after the product is harvested, and who sell substantially all their product during that season. (Sec. 2)
• For core seasonal industries filing trade complaints, the bill requires supporters to represent at least 50 percent of production in states accounting for at least 50 percent of total production during the specified season, measured by averaging production over the 3 seasons before filing. (Sec. 3(a) and Sec. 4(a))
• When a countervailable subsidy (government financial assistance that violates trade rules) affects a core seasonal industry only during a specific season, the government must limit any penalties to that season or time period only. (Sec. 3(c))
• When dumping (selling products below fair value) affects a core seasonal industry only during a specific season, the government must limit any penalties to that season or time period only. (Sec. 4(c))
What Changes
The bill creates a separate legal category recognizing seasonal agricultural producers. This allows these industries to pursue trade complaints with a lower threshold of support (50 percent instead of unspecified higher amounts for regular industries). It also ensures that any trade penalties against foreign competition apply only to the specific season when the agricultural product is actually being sold.
Important Definitions
The bill defines "core seasonal industry" as producers of a raw agricultural product whose collective output constitutes a majority of total production in any state or group of states during any discrete season or cyclical period of time that concludes not later than 8 weeks after harvest, and who make substantially all their sales during that season or cyclical period.
I
118TH CONGRESS
1ST SESSION
H. R. 545
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
JANUARY 26, 2023
Mr. BUCHANAN (for himself and Mr. SOTO) 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
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘Defending Domestic
4
Produce Protection Act’’.
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•HR 545 IH
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(4)(A) of the Tariff Act
22
of 1930 (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—
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•HR 545 IH
‘‘(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(9)(E) of the
6
Tariff Act of 1930 (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
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•HR 545 IH
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.’’;
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•HR 545 IH
(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
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•HR 545 IH
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
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•HR 545 IH
‘‘(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
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•HR 545 IH
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
SEC. 5. APPLICATION TO CANADA AND MEXICO.
19
Pursuant to section 418 of the United States-Mexico-
20
Canada Agreement Implementation Act (19 U.S.C. 4588),
21
the amendments made by this Act apply with respect to
22
goods from Canada and Mexico.
23
Æ
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