104TH CONGRESS

2D SESSION S. 1463

AN ACT

To amend the Trade Act of 1974 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,
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1 SECTION 1. DEFINITIONS OF DOMESTIC INDUSTRY AND

2 LIKE OR DIRECTLY COMPETITIVE ARTICLES.

3 (a) DEFINITION OF DOMESTIC INDUSTRY.—Section

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

5 2252(c)(4)) is amended—

6 (1) by striking ‘‘and’’ at the end of subpara7 graph (B),

8 (2) by striking the period at the end of sub9 paragraph (C) and inserting ‘‘; and’’, and

10 (3) by adding at the end the following new sub11 paragraph:

12 ‘‘(D) may, in the case of one or more do13 mestic producers who produce a like or directly

14 competitive perishable agricultural product dur15 ing a particular growing season, limit the do16 mestic industry to those producers if the pro17 ducers sell all or almost all of their production

18 of the article in that growing season and the

19 demand for the article is not supplied, to any

20 substantial degree, by other domestic producers

21 of the article who produce the article in a dif22 ferent growing season.’’.

23 (b) DEFINITION OF LIKE OR DIRECTLY COMPETI24 TIVE ARTICLE; CONSIDERATION OF IMPORTED ARTI25 CLE.—Section 202(c)(6) of such Act is amended by add26 ing at the end the following new subparagraphs:
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1 ‘‘(E) In the case of a perishable agricul2 tural product produced by a domestic industry

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

4 directly competitive article’ means only the arti5 cles produced by the industry during the appli6 cable growing season.

7 ‘‘(F) In the case of a perishable agricul8 tural product, the Commission may limit its

9 consideration to imported articles that are en10 tered, or withdrawn from warehouse for con11 sumption, during the same growing season as

12 the like or directly competitive product.’’.

13 (c) RELIEF LIMITED TO CERTAIN IMPORTED PROD14 UCTS.—Section 202(d)(4) of the Trade Act of 1974 (19

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

16 following new subparagraph:

17 ‘‘(E) The Commission may, in the case of

18 a perishable agricultural product, limit provi19 sional relief to imported articles that are en20 tered, or withdrawn from warehouse for con21 sumption, during the same growing season as

22 the like or directly competitive product.’’.

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

24 of the Trade Act of 1974 (19 U.S.C. 2252(d)(5)) is
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1 amended in the matter preceding subparagraph (A), by

2 striking ‘‘subsection’’ and inserting ‘‘section’’.

3 (e) EFFECTIVE DATE.—The amendments made by

4 this Act apply with respect to investigations initiated pur5 suant to section 202(b) of the Trade Act of 1974 (19

6 U.S.C. 2252(b)) and requests for provisional relief initi7 ated pursuant to section 202(d) of such Act (19 U.S.C.

8 2252(d)) after the date of the enactment of this Act.

Passed the Senate January 26, 1996.

Attest:

Secretary.
104TH CONGRESS

2D SESSION S. 1463

AN ACT

To amend the Trade Act of 1974 to clarify the

cultural products, and for other purposes.in certain investigations involving perishable agridefinitions of domestic industry and like articles