Defending Domestic Produce Production Act of 2023

Subjects: Foreign Trade and International Finance, Agricultural trade, Canada, Competitiveness, trade promotion, trade deficits, Government studies and investigations, Latin America, Mexico, Tariffs

Summary:  <p><b>Defending Domestic Produce Production Act of 2023</b></p> <p>This bill establishes a process by which a core seasonal industry may petition for countervailing and antidumping duties.</p> <p><em>A core seasonal industry</em> means the producers (1) of a domestic like product that is a raw agricultural product, (2) whose collective output constitutes a majority of the total production in any state or group of states that accounts for a major portion of the total production during a discrete season or cyclical period of time, and (3) that make substantially all of their sales during that season or time period.</p> <p>The bill also provides that this process shall apply with respect to goods from Canada and Mexico.</p>

<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 104 Introduced in Senate (IS)]

&lt;DOC&gt;






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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Defending Domestic Produce 
Production Act of 2023''.

SEC. 2. DEFINITIONS.

    (a) Core Seasonal Industry.--Section 771 of the Tariff Act of 1930 
(19 U.S.C. 1677) is amended by adding at the end the following:
            ``(37) Core seasonal industry.--The term `core seasonal 
        industry' means the producers--
                    ``(A) of a domestic like product that is a raw 
                agricultural product,
                    ``(B) whose collective output of the domestic like 
                product constitutes a majority of the total production 
                of the domestic like product in any State or group of 
                States that accounts for a major portion of the total 
                production of the domestic like product during any 
                discrete season or cyclical period of time that 
                concludes not later than 8 weeks after the date in 
                which the product is harvested, and
                    ``(C) that make substantially all of their sales of 
                the domestic like product during the season or cyclical 
                period of time described in subparagraph (B).''.
    (b) Industry.--Section 771(4)(A) of the Tariff Act of 1930 (19 
U.S.C. 1677(4)(A)) is amended--
            (1) by striking ```industry' means the producers'' and 
        inserting the following: ```industry' means--
                            ``(i) the producers'';
            (2) by striking the end period and inserting ``, or''; and
            (3) by adding at the end the following:
                            ``(ii) a core seasonal industry.''.
    (c) Interested Party.--Section 771(9)(E) of the Tariff Act of 1930 
(19 U.S.C. 1677(9)(E)) is amended--
            (1) by striking ``association a majority'' and inserting 
        the following: ``association--
                            ``(i) except as provided in clause (ii), a 
                        majority'';
            (2) by inserting ``or'' after ``States,''; and
            (3) by adding at the end the following:
                            ``(ii) in the case of a proceeding under 
                        this title involving a core seasonal industry, 
                        whose members constitute not less than 80 
                        percent of the core seasonal industry,''.

SEC. 3. IMPROVEMENTS TO COUNTERVAILING DUTY PROCEDURES FOR CORE 
              SEASONAL INDUSTRIES.

    (a) Determination of Industry Support.--Section 702(c)(4) of the 
Tariff Act of 1930 (19 U.S.C. 1671a(c)(4)) is amended--
            (1) in subparagraph (A)--
                    (A) by redesignating clauses (i) and (ii) as 
                subclauses (I) and (II), and by moving such subclauses, 
                as so redesignated, 2 ems to the right;
                    (B) in the matter preceding subclause (I), as 
                redesignated by subparagraph (A), by striking ``behalf 
                of the industry, if--'' and inserting the following: 
                ``behalf of--
                            ``(i) an industry (other than a core 
                        seasonal industry), if--'';
                    (C) in subclause (II), as redesignated by 
                subparagraph (A), by striking the period at the end and 
                inserting ``, or''; and
                    (D) by adding at the end the following:
                            ``(ii) a core seasonal industry, if the 
                        domestic producers or workers who support the 
                        petition account for at least 50 percent of the 
                        total production of the domestic like product 
                        in any State or group of States that accounts 
                        for at least 50 percent of total production of 
                        the domestic like product during the season or 
                        cyclical period of time specified in the 
                        petition, determined by averaging production 
                        over the 3 seasons or cyclical periods of time 
                        preceding the filing of the petition.'';
            (2) in subparagraph (B)(i), by inserting ``(during the 
        season or cyclical period of time specified in the petition, if 
        applicable)'' after ``their interests as domestic producers''; 
        and
            (3) in subparagraph (D), in the matter preceding clause 
        (i), by striking ``support'' and all that follows through 
        ``domestic like product'' and inserting ``industry support in 
        accordance with subparagraph (A)''.
    (b) Suspension of Investigations for Extraordinary Circumstances.--
Section 704(c)(4)(A)(i) of the Tariff Act of 1930 (19 U.S.C. 
1671c(c)(4)(A)(i)) is amended by inserting ``(as defined in section 
771(4)(A)(i))'' after ``domestic industry''.
    (c) Effect of Final Determinations.--Section 705(c)(1) of the 
Tariff Act of 1930 (19 U.S.C. 1671d(c)(1)) is amended--
            (1) by redesignating subparagraph (C) as subparagraph (D);
            (2) in subparagraph (B)(ii), by striking ``, and'' and 
        inserting a comma; and
            (3) by inserting after subparagraph (B) the following:
                    ``(C) in cases involving a countervailable subsidy 
                that affects a core seasonal industry solely during a 
                specific season or cyclical period of time, the 
                administering authority shall limit the application of 
                any rate determined under subparagraph (B) to that 
                season or cyclical period of time, and''.

SEC. 4. IMPROVEMENTS TO ANTIDUMPING DUTY PROCEDURES FOR CORE SEASONAL 
              INDUSTRIES.

    (a) Determination of Industry Support.--Section 732(c)(4) of the 
Tariff Act of 1930 (19 U.S.C. 1673a(c)(4)) is amended--
            (1) in subparagraph (A)--
                    (A) by redesignating clauses (i) and (ii) as 
                subclauses (I) and (II), and by moving such subclauses, 
                as so redesignated, 2 ems to the right;
                    (B) in the matter preceding subclause (I), as 
                redesignated by subparagraph (A), by striking ``behalf 
                of the industry, if--'' and inserting the following: 
                ``behalf of--
                            ``(i) an industry (other than a core 
                        seasonal industry), if--'';
                    (C) in subclause (II), as redesignated by 
                subparagraph (A), by striking the period at the end and 
                inserting ``, or''; and
                    (D) by adding at the end the following:
                            ``(ii) a core seasonal industry, if the 
                        domestic producers or workers who support the 
                        petition account for at least 50 percent of the 
                        total production of the domestic like product 
                        in any State or group of States that accounts 
                        for at least 50 percent of total production of 
                        the domestic like product during the season or 
                        cyclical period of time specified in the 
                        petition, determined by averaging production 
                        over the 3 seasons or cyclical periods of time 
                        preceding the filing of the petition.'';
            (2) in subparagraph (B)(i), by inserting ``(during the 
        season or cyclical period of time specified in the petition, if 
        applicable)'' after ``their interests as domestic producers''; 
        and
            (3) in subparagraph (D), in the matter preceding clause 
        (i), by striking ``support'' and all that follows through 
        ``domestic like product'' and inserting ``industry support in 
        accordance with subparagraph (A)''.
    (b) Suspension of Investigations for Extraordinary Circumstances.--
Section 734(c)(2)(A)(i) of the Tariff Act of 1930 (19 U.S.C. 
1673c(c)(2)(A)(i)) is amended by inserting ``(as defined in section 
771(4)(A)(i))'' after ``domestic industry''.
    (c) Effect of Final Determinations.--Section 735(c)(1) of the 
Tariff Act of 1930 (19 U.S.C. 1673d(c)(1)) is amended--
            (1) by redesignating subparagraph (C) as subparagraph (D);
            (2) in subparagraph (B)(ii), by striking ``, and'' and 
        inserting a comma; and
            (3) by inserting after subparagraph (B) the following:
                    ``(C) in cases involving dumping that affects a 
                core seasonal industry solely during a specific season 
                or cyclical period of time, the administering authority 
                shall limit the application of any rate determined 
                under subparagraph (B) to that season or cyclical 
                period of time, and''.

SEC. 5. APPLICATION TO CANADA AND MEXICO.

    Pursuant to section 418 of the United States-Mexico-Canada 
Agreement Implementation Act (19 U.S.C. 4588), the amendments made by 
this Act apply with respect to goods from Canada and Mexico.
                                 &lt;all&gt;
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