II 

118TH CONGRESS 

1ST SESSION S. 104 

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 SENATE OF THE UNITED STATES 

JANUARY 26, 2023 

Mr. RUBIO (for himself and Mr. SCOTT of Florida) 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. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Defending Domestic 

5 Produce Production Act of 2023’’. 


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1 SEC. 2. DEFINITIONS. 

2 (a) CORE SEASONAL INDUSTRY.—Section 771 of the 

3 Tariff Act of 1930 (19 U.S.C. 1677) is amended by add4 ing at the end the following: 

5 ‘‘(37) CORE SEASONAL INDUSTRY.—The term 

6 ‘core seasonal industry’ means the producers— 

7 ‘‘(A) of a domestic like product that is a 

8 raw agricultural product, 

9 ‘‘(B) whose collective output of the domes10 tic like product constitutes a majority of the 

11 total production of the domestic like product in 

12 any State or group of States that accounts for 

13 a major portion of the total production of the 

14 domestic like product during any discrete sea15 son or cyclical period of time that concludes not 

16 later than 8 weeks after the date in which the 

17 product is harvested, and 

18 ‘‘(C) that make substantially all of their 

19 sales of the domestic like product during the 

20 season or cyclical period of time described in 

21 subparagraph (B).’’. 

22 (b) INDUSTRY.—Section 771(4)(A) of the Tariff Act 

23 of 1930 (19 U.S.C. 1677(4)(A)) is amended— 

24 (1) by striking ‘‘ ‘industry’ means the pro25 ducers’’ and inserting the following: ‘‘ ‘industry’ 

26 means— 


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1 ‘‘(i) the producers’’; 

2 (2) by striking the end period and inserting ‘‘, 

3 or’’; and 

4 (3) by adding at the end the following: 

5 ‘‘(ii) a core seasonal industry.’’. 

6 (c) INTERESTED PARTY.—Section 771(9)(E) of the 

7 Tariff Act of 1930 (19 U.S.C. 1677(9)(E)) is amended— 

8 (1) by striking ‘‘association a majority’’ and in9 serting the following: ‘‘association— 

10 ‘‘(i) except as provided in clause (ii), 

11 a majority’’; 

12 (2) by inserting ‘‘or’’ after ‘‘States,’’; and 

13 (3) by adding at the end the following: 

14 ‘‘(ii) in the case of a proceeding under 

15 this title involving a core seasonal industry, 

16 whose members constitute not less than 80 

17 percent of the core seasonal industry,’’. 

18 SEC. 3. IMPROVEMENTS TO COUNTERVAILING DUTY PRO19 CEDURES FOR CORE SEASONAL INDUSTRIES. 

20 (a) DETERMINATION OF INDUSTRY SUPPORT.—Sec21 tion 702(c)(4) of the Tariff Act of 1930 (19 U.S.C. 

22 1671a(c)(4)) is amended— 

23 (1) in subparagraph (A)— 

24 (A) by redesignating clauses (i) and (ii) as 

25 subclauses (I) and (II), and by moving such 


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1 subclauses, as so redesignated, 2 ems to the 

2 right; 

3 (B) in the matter preceding subclause (I), 

4 as redesignated by subparagraph (A), by strik5 ing ‘‘behalf of the industry, if—’’ and inserting 

6 the following: ‘‘behalf of— 

7 ‘‘(i) an industry (other than a core 

8 seasonal industry), if—’’; 

9 (C) in subclause (II), as redesignated by 

10 subparagraph (A), by striking the period at the 

11 end and inserting ‘‘, or’’; and 

12 (D) by adding at the end the following: 

13 ‘‘(ii) a core seasonal industry, if the 

14 domestic producers or workers who sup15 port the petition account for at least 50 

16 percent of the total production of the do17 mestic like product in any State or group 

18 of States that accounts for at least 50 per19 cent of total production of the domestic 

20 like product during the season or cyclical 

21 period of time specified in the petition, de22 termined by averaging production over the 

23 3 seasons or cyclical periods of time pre24 ceding the filing of the petition.’’; 


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1 (2) in subparagraph (B)(i), by inserting ‘‘(dur2 ing the season or cyclical period of time specified in 

3 the petition, if applicable)’’ after ‘‘their interests as 

4 domestic producers’’; and 

5 (3) in subparagraph (D), in the matter pre6 ceding clause (i), by striking ‘‘support’’ and all that 

7 follows through ‘‘domestic like product’’ and insert8 ing ‘‘industry support in accordance with subpara9 graph (A)’’. 

10 (b) SUSPENSION OF INVESTIGATIONS FOR EXTRAOR11 DINARY CIRCUMSTANCES.—Section 704(c)(4)(A)(i) of the 

12 Tariff Act of 1930 (19 U.S.C. 1671c(c)(4)(A)(i)) is 

13 amended by inserting ‘‘(as defined in section 

14 771(4)(A)(i))’’ after ‘‘domestic industry’’. 

15 (c) EFFECT OF FINAL DETERMINATIONS.—Section 

16 705(c)(1) of the Tariff Act of 1930 (19 U.S.C. 

17 1671d(c)(1)) is amended— 

18 (1) by redesignating subparagraph (C) as sub19 paragraph (D); 

20 (2) in subparagraph (B)(ii), by striking ‘‘, and’’ 

21 and inserting a comma; and 

22 (3) by inserting after subparagraph (B) the fol23 lowing: 

24 ‘‘(C) in cases involving a countervailable 

25 subsidy that affects a core seasonal industry 


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1 solely during a specific season or cyclical period 

2 of time, the administering authority shall limit 

3 the application of any rate determined under 

4 subparagraph (B) to that season or cyclical pe5 riod of time, and’’. 

6 SEC. 4. IMPROVEMENTS TO ANTIDUMPING DUTY PROCE7 DURES FOR CORE SEASONAL INDUSTRIES. 

8 (a) DETERMINATION OF INDUSTRY SUPPORT.—Sec9 tion 732(c)(4) of the Tariff Act of 1930 (19 U.S.C. 

10 1673a(c)(4)) is amended— 

11 (1) in subparagraph (A)— 

12 (A) by redesignating clauses (i) and (ii) as 

13 subclauses (I) and (II), and by moving such 

14 subclauses, as so redesignated, 2 ems to the 

15 right; 

16 (B) in the matter preceding subclause (I), 

17 as redesignated by subparagraph (A), by strik18 ing ‘‘behalf of the industry, if—’’ and inserting 

19 the following: ‘‘behalf of— 

20 ‘‘(i) an industry (other than a core 

21 seasonal industry), if—’’; 

22 (C) in subclause (II), as redesignated by 

23 subparagraph (A), by striking the period at the 

24 end and inserting ‘‘, or’’; and 

25 (D) by adding at the end the following: 


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1 ‘‘(ii) a core seasonal industry, if the 

2 domestic producers or workers who sup3 port the petition account for at least 50 

4 percent of the total production of the do5 mestic like product in any State or group 

6 of States that accounts for at least 50 per7 cent of total production of the domestic 

8 like product during the season or cyclical 

9 period of time specified in the petition, de10 termined by averaging production over the 

11 3 seasons or cyclical periods of time pre12 ceding the filing of the petition.’’; 

13 (2) in subparagraph (B)(i), by inserting ‘‘(dur14 ing the season or cyclical period of time specified in 

15 the petition, if applicable)’’ after ‘‘their interests as 

16 domestic producers’’; and 

17 (3) in subparagraph (D), in the matter pre18 ceding clause (i), by striking ‘‘support’’ and all that 

19 follows through ‘‘domestic like product’’ and insert20 ing ‘‘industry support in accordance with subpara21 graph (A)’’. 

22 (b) SUSPENSION OF INVESTIGATIONS FOR EXTRAOR23 DINARY CIRCUMSTANCES.—Section 734(c)(2)(A)(i) of the 

24 Tariff Act of 1930 (19 U.S.C. 1673c(c)(2)(A)(i)) is 


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1 amended by inserting ‘‘(as defined in section 

2 771(4)(A)(i))’’ after ‘‘domestic industry’’. 

3 (c) EFFECT OF FINAL DETERMINATIONS.—Section 

4 735(c)(1) of the Tariff Act of 1930 (19 U.S.C. 

5 1673d(c)(1)) is amended— 

6 (1) by redesignating subparagraph (C) as sub7 paragraph (D); 

8 (2) in subparagraph (B)(ii), by striking ‘‘, and’’ 

9 and inserting a comma; and 

10 (3) by inserting after subparagraph (B) the fol11 lowing: 

12 ‘‘(C) in cases involving dumping that af13 fects a core seasonal industry solely during a 

14 specific season or cyclical period of time, the 

15 administering authority shall limit the applica16 tion of any rate determined under subpara17 graph (B) to that season or cyclical period of 

18 time, and’’. 

19 SEC. 5. APPLICATION TO CANADA AND MEXICO. 

20 Pursuant to section 418 of the United States-Mexico21 Canada Agreement Implementation Act (19 U.S.C. 4588), 

22 the amendments made by this Act apply with respect to 

23 goods from Canada and Mexico. 

Æ 


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