Amends the Trade Act of 1974 to revise the definition of "domestic industry" and "like or directly competitive article" with respect to investigations by the International Trade Commission (ITC) to determine whether perishable agricultural products are being imported into the United States in such increased quantities as to be a substantial cause (or threat) of serious injury to the domestic industry producing an article like or directly competitive with such imported products.
Authorizes the ITC, in the case of one or more domestic producers who produce a like or directly competitive perishable agricultural product during a particular growing season, to limit the domestic industry to those producers if they sell all or almost all of their production of the article in that growing season and the demand for the article is not supplied, to any substantial degree, by other domestic producers of the article who produce the article in a different growing season.
Requires the ITC, with respect to perishable agricultural products, to limit provisional import relief to imported articles that are entered, or withdrawn from warehouse for consumption, during the same growing season as the like or directly competitive product.
Amends the North American Free Trade Agreement Implementation Act to require the Commissioner of Customs (currently, the ITC), with respect to expediting an investigation concerning provisional import relief, to monitor, until January 1, 2009, imports of fresh or chilled tomatoes and peppers (other than chili peppers) as if proper requests for such monitoring have been made. Requires the Secretary of Agriculture, upon the request of the Commissioner of Customs (currently, the ITC), to provide to the Commissioner information relevant to such monitoring. Requires the Commissioner to make such information available to the public, but in no case more than seven calendar days after the Commissioner receives such information.
[Congressional Bills 105th Congress]
[From the U.S. Government Printing Office]
[H.R. 2811 Introduced in House (IH)]
<DOC>
105th CONGRESS
1st Session
H. R. 2811
To amend the Trade Act of 1974 and the Tariff Act of 1930 to clarify
the definitions of domestic industry and like articles in certain
investigations involving perishable agricultural products, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 4, 1997
Mrs. Thurman introduced the following bill; which was referred to the
Committee on Ways and Means
_______________________________________________________________________
A BILL
To amend the Trade Act of 1974 and the Tariff Act of 1930 to clarify
the definitions of domestic industry and like articles in certain
investigations involving perishable agricultural products, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. DEFINITIONS OF DOMESTIC INDUSTRY AND LIKE OR DIRECTLY
COMPETITIVE ARTICLES.
(a) Definition of Domestic Industry.--Section 202(c)(4) of the
Trade Act of 1974 (19 U.S.C. 2252(c)(4)) is amended--
(1) by striking ``and'' at the end of subparagraph (B),
(2) by striking the period at the end of subparagraph (C)
and inserting ``; and'', and
(3) by adding at the end the following new subparagraph:
``(D) may, in the case of one or more domestic
producers who produce a like or directly competitive
perishable agricultural product during a particular
growing season, limit the domestic industry to those
producers if the producers sell all or almost all of
their production of the article in that growing season
and the demand for the article is not supplied, to any
substantial degree, by other domestic producers of the
article who produce the article in a different growing
season.''.
(b) Definition of Like or Directly Competitive Article;
Consideration of Imported Article.--Section 202(c)(6) of such Act is
amended by adding at the end the following new subparagraphs:
``(E) In the case of a perishable agricultural
product produced by a domestic industry described in
paragraph (4)(D), the term `like or directly
competitive article' means only the articles produced
by the industry during the applicable growing season.
``(F) In the case of a perishable agricultural
product, the Commission shall limit its consideration
to imported articles that are entered, or withdrawn
from warehouse for consumption, during the same growing
season as the like or directly competitive product.''.
(c) Relief Limited to Certain Imported Products.--Section 202(d)(4)
of the Trade Act of 1974 (19 U.S.C. 2252(d)(4)) is amended by adding at
the end the following new subparagraph:
``(E) The Commission shall, in the case of a
perishable agricultural product, limit provisional
relief to imported articles that are entered, or
withdrawn from warehouse for consumption, during the
same growing season as the like or directly competitive
product.''.
(d) Conforming Amendment.--Section 202(d)(5) of the Trade Act of
1974 (19 U.S.C. 2252(d)(5)) is amended in the matter preceding
subparagraph (A), by striking ``subsection'' and inserting ``section''.
SEC. 2. MONITORING OF FRESH TOMATOES AND PEPPERS.
Section 316 of the North American Free Trade Agreement
Implementation Act (19 U.S.C. 3381) is amended--
(1) in the first sentence by striking ``International Trade
Commission'' and inserting ``Commissioner of Customs'';
(2) by striking the second sentence and inserting the
following: ``At the request of the Commissioner of Customs, the
Secretary of Agriculture shall provide to the Commissioner
information relevant to the monitoring carried out under this
section. The Commissioner of Customs shall promptly make
available to the public information gathered in carrying out
this section, but in no case more than 7 calendar days after
the Commissioner receives the information.''.
SEC. 3. EFFECTIVE DATE.
(a) Section 1.--The amendments made by section 1 apply with respect
to investigations initiated pursuant to section 202(b) of the Trade Act
of 1974 (19 U.S.C. 2252(b)) and requests for provisional relief
initiated pursuant to section 202(d) of that Act (19 U.S.C. 2252(d))
after the date of the enactment of this Act.
(b) Sec. 2.--The amendments made by section 2 shall take effect 60
days after the date of the enactment of this Act.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Ways and Means.
Referred to the Subcommittee on Trade.
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