II 

117TH CONGRESS 

2D SESSION S. 3812 

To provide a temporary waiver of countervailing and antidumping duties 

relating to fertilizer or fertilizer ingredients if an emergency situation 

impacts the domestic production or supply of merchandise subject to 

those duties, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 10 (legislative day, MARCH 7), 2022 

Mr. MARSHALL introduced the following bill; which was read twice and 

referred to the Committee on Finance 

A BILL 

To provide a temporary waiver of countervailing and antidumping duties relating to fertilizer or fertilizer ingredients if an emergency situation impacts the domestic production or supply of merchandise subject to those duties, 

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 ‘‘Emergency Relief from 

5 Duties Act’’. 


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1 SEC. 2. EMERGENCY WAIVER OF COUNTERVAILING AND 

2 ANTIDUMPING DUTIES RELATING TO FER3 TILIZER OR FERTILIZER INGREDIENTS. 

4 (a) PETITION.—Any covered party may petition the 

5 Commission to waive countervailing duties or antidumping 

6 duties assessed for covered merchandise under title VII 

7 of the Tariff Act of 1930 (19 U.S.C. 1671 et seq.), or 

8 renew any such waiver, if there is an emergency situation 

9 that— 

10 (1) limits the production in the United States 

11 of that merchandise in a manner that causes eco12 nomic hardship for users of that merchandise or 

13 merchandise made from that merchandise; or 

14 (2) would result in a supply and demand dis15 ruption that substantially increases the price of that 

16 merchandise or merchandise made from that mer17 chandise. 

18 (b) PUBLIC COMMENT.—The Commission shall per19 mit the public to submit comments concerning any petition 

20 for a waiver or renewal under subsection (a) for a period 

21 of not less than 30 days. 

22 (c) FINAL DECISION ON WAIVER OR RENEWAL.— 

23 Not later than 30 days after the close of a public comment 

24 period under subsection (b) concerning a petition for a 

25 waiver or renewal under subsection (a), the Commission 


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1 shall issue a final decision concerning that waiver or re2 newal. 

3 (d) PERIOD OF WAIVER.—Any waiver or renewal 

4 under this section shall be for a period of one year. 

5 (e) DEFINITIONS.—In this section: 

6 (1) COMMISSION.—The term ‘‘Commission’’ 

7 means the United States International Trade Com8 mission. 

9 (2) COVERED MERCHANDISE.—The term ‘‘cov10 ered merchandise’’ means any fertilizer or ingredient 

11 used to make fertilizer. 

12 (3) COVERED PARTY.—The term ‘‘covered 

13 party’’ means any of the following: 

14 (A) An interested party, as that term is 

15 defined in section 771(9) of the Tariff Act of 

16 1930 (19 U.S.C. 1677(9)), that is a United 

17 States person. 

18 (B) A coalition or trade association rep19 resentative of agricultural producers or growers 

20 in the United States if those producers or grow21 ers utilize covered merchandise subject to coun22 tervailing duties or antidumping duties assessed 

23 under title VII of the Tariff Act of 1930 (19 

24 U.S.C. 1671 et seq.) or merchandise made from 

25 covered merchandise subject to those duties. 


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1 (4) EMERGENCY SITUATION.—The term ‘‘emer2 gency situation’’ includes the following: 

3 (A) Acts of God, such as severe acts of na4 ture or weather events including floods, fires, 

5 earthquakes, hurricanes, and explosions. 

6 (B) War, acts of terrorism, and epidemics. 

7 (C) Acts of governmental authorities such 

8 as expropriation, condemnation, and changes in 

9 laws and regulations. 

10 (D) Strikes and labor disputes. 

11 (E) Major accidents. 

Æ 


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