I

104TH CONGRESS

1ST SESSION H. R. 2795

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

DECEMBER 15, 1995

Mr. SHAW (for himself, Mr. CANADY of Florida, Mr. MCCOLLUM, and 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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. DEFINITIONS OF DOMESTIC INDUSTRY AND

4 LIKE OR DIRECTLY COMPETITIVE ARTICLES.

5 (a) DEFINITION OF DOMESTIC INDUSTRY.—Section

6 202(c)(4) of the Trade Act of 1974 (19 U.S.C.

7 2252(c)(4)) is amended—
2

•HR 2795 IH

1 (1) by striking ‘‘and’’ at the end of subpara2 graph (B),

3 (2) by striking the period at the end of sub4 paragraph (C) and inserting ‘‘; and’’, and

5 (3) by adding at the end the following new sub6 paragraph:

7 ‘‘(D) may, in the case of one or more do8 mestic producers who produce a like or directly

9 competitive perishable agricultural product dur10 ing a particular growing season, limit the do11 mestic industry to those producers if the pro12 ducers sell all or almost all of their production

13 of the article in that growing season and the

14 demand for the article is not supplied, to any

15 substantial degree, by other domestic producers

16 of the article who produce the article in a dif17 ferent growing season.’’.

18 (b) DEFINITION OF LIKE OR DIRECTLY COMPETI19 TIVE ARTICLE; CONSIDERATION OF IMPORTED ARTI20 CLE.—Section 202(c)(6) of such Act is amended by add21 ing at the end the following new subparagraphs:

22 ‘‘(E) In the case of a perishable agricul23 tural product produced by a domestic industry

24 described in paragraph (4)(D), the term ‘like or

25 directly competitive article’ means only the arti-
3

•HR 2795 IH

1 cles produced by the industry during the appli2 cable growing season.

3 ‘‘(F) In the case of a perishable agricul4 tural product, the Commission shall limit its

5 consideration to imported articles that are en6 tered, or withdrawn from warehouse for con7 sumption, during the same growing season as

8 the like or directly competitive product.’’.

9 (c) RELIEF LIMITED TO CERTAIN IMPORTED PROD10 UCTS.—Section 202(d)(4) of the Trade Act of 1974 (19

11 U.S.C. 2252(d)(4)) is amended by adding at the end the

12 following new subparagraph:

13 ‘‘(E) The Commission shall, in the case of

14 a perishable agricultural product, limit provi15 sional relief to imported articles that are en16 tered, or withdrawn from warehouse for con17 sumption, during the same growing season as

18 the like or directly competitive product.’’.

19 (d) CONFORMING AMENDMENT.—Section 202(d)(5)

20 of the Trade Act of 1974 (19 U.S.C. 2252(d)(5)) is

21 amended in the matter preceding subparagraph (A), by

22 striking ‘‘subsection’’ and inserting ‘‘section’’.
4

•HR 2795 IH

1 SEC. 2. MONITORING OF FRESH TOMATOES AND PEPPERS.

2 Section 316 of the North American Free Trade

3 Agreement Implementation Act (19 U.S.C. 3381) is

4 amended—

5 (1) in the first sentence by striking ‘‘Inter6 national Trade Commission’’ and inserting ‘‘Com7 missioner of Customs’’;

8 (2) by striking the second sentence and insert9 ing the following: ‘‘At the request of the Commis10 sioner of Customs, the Secretary of Agriculture shall

11 provide to the Commissioner information relevant to

12 the monitoring carried out under this section. The

13 Commissioner of Customs shall promptly make

14 available to the public information gathered in carry15 ing out this section, but in no case more than 7 cal16 endar days after the Commissioner receives the in17 formation.’’.

18 SEC. 3. EFFECTIVE DATE.

19 (a) SECTION 1.—The amendments made by section

20 1 apply with respect to investigations initiated pursuant

21 to section 202(b) of the Trade Act of 1974 (19 U.S.C.

22 2252(b)) and requests for provisional relief initiated pur23 suant to section 202(d) of that Act (19 U.S.C. 2252(d))

24 after the date of the enactment of this Act.
5

•HR 2795 IH

1 (b) SEC. 2.—The amendments made by section 2

2 shall take effect 60 days after the date of the enactment

3 of this Act.

Æ