II
115th CONGRESS
2d Session
S. 3510
IN THE SENATE OF THE UNITED STATES
September 26, 2018
Mr. Nelson (for himself and 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.
Short title
This Act may be cited as the Agricultural Trade Improvement Act of 2018
.
Definitions
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:
Core seasonal industry
The term core seasonal industry means the producers—
of a domestic like product that is a raw agricultural product,
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
that make substantially all of their sales of the domestic like product during the season or cyclical period of time described in subparagraph (B).
.
Industry
Section 771 of the Tariff Act of 1930(4)(A) (19 U.S.C. 1677(4)(A)) is amended—
by striking
and inserting the following: “‘industry’ means—industry
means the producers
the producers
;
by striking the end period and inserting , or
; and
by adding at the end the following:
a core seasonal industry.
.
Interested party
Section 771 of the Tariff Act of 1930(9)(E) (19 U.S.C. 1677(9)(E)) is amended—
by striking association a majority
and inserting the following: “association—
except as provided in clause (ii), a majority
; and
by inserting or
after States,
; and
by adding at the end the following:
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,
.
Improvements to countervailing duty procedures for core seasonal industries
Determination of industry support
Section 702(c)(4) of the Tariff Act of 1930 (19 U.S.C. 1671a(c)(4)) is amended—
in subparagraph (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;
in the matter preceding subclause (I), as redesignated by subparagraph (A), by striking behalf of the industry, if—
and inserting the following: “behalf of—
an industry (other than a core seasonal industry), if—
;
in subclause (II), as redesignated by subparagraph (A), by striking the period at the end and inserting , or
; and
by adding at the end the following:
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.
;
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
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)
.
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
.
Effect of final determinations
Section 705(c)(1) of the Tariff Act of 1930 (19 U.S.C. 1671d(c)(1)) is amended—
by redesignating subparagraph (C) as subparagraph (D);
in subparagraph (B)(ii), by striking , and
and inserting a comma; and
by inserting after subparagraph (B) the following:
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
.
Improvements to antidumping duty procedures for core seasonal industries
Determination of industry support
Section 732(c)(4) of the Tariff Act of 1930 (19 U.S.C. 1673a(c)(4)) is amended—
in subparagraph (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;
in the matter preceding subclause (I), as redesignated by subparagraph (A), by striking behalf of the industry, if—
and inserting the following: “behalf of—
an industry (other than a core seasonal industry), if—
;
in subclause (II), as redesignated by subparagraph (A), by striking the period at the end and inserting , or
; and
by adding at the end the following:
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.
;
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
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)
.
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
.
Effect of final determinations
Section 735(c)(1) of the Tariff Act of 1930 (19 U.S.C. 1673d(c)(1)) is amended—
by redesignating subparagraph (C) as subparagraph (D);
in subparagraph (B)(ii), by striking , and
and inserting a comma; and
by inserting after subparagraph (B) the following:
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
.