Defending Domestic Produce Production Act of 2023

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. Short title This Act may be cited as the Defending Domestic Produce Production Act of 2023 2. Definitions (a) Core seasonal industry Section 771 of the Tariff Act of 1930 ( 19 U.S.C. 1677 (37) Core seasonal industry The term core seasonal industry (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) (1) by striking industry (i) the producers ; (2) by striking the end period and inserting , or (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) (1) by striking association a majority (i) except as provided in clause (ii), a majority ; (2) by inserting or States, (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, . 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) (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— (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 (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) their interests as domestic producers (3) in subparagraph (D), in the matter preceding clause (i), by striking support domestic like product 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) (as defined in section 771(4)(A)(i)) domestic industry (c) Effect of final determinations Section 705(c)(1) of the Tariff Act of 1930 ( 19 U.S.C. 1671d(c)(1) (1) by redesignating subparagraph (C) as subparagraph (D); (2) in subparagraph (B)(ii), by striking , 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 . 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) (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— (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 (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) their interests as domestic producers (3) in subparagraph (D), in the matter preceding clause (i), by striking support domestic like product 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) (as defined in section 771(4)(A)(i)) domestic industry (c) Effect of final determinations Section 735(c)(1) of the Tariff Act of 1930 ( 19 U.S.C. 1673d(c)(1) (1) by redesignating subparagraph (C) as subparagraph (D); (2) in subparagraph (B)(ii), by striking , 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 . 5. Application to Canada and Mexico Pursuant to section 418 of the United States-Mexico-Canada Agreement Implementation Act ( 19 U.S.C. 4588

Summary: Defending Domestic Produce Production Act of 2023 This bill establishes a process by which a core seasonal industry may petition for countervailing and antidumping duties. A core seasonal industry 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. The bill also provides that this process shall apply with respect to goods from Canada and Mexico.