I
104TH CONGRESS
1ST SESSION
H. R. 2795
To amend the Trade Act of 1974 and the Tariff Act of 1930 to clarify
the definitions of domestic industry and like articles in certain investiga-
tions involving perishable agricultural products, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
DECEMBER 15, 1995
Mr. SHAW (for himself, Mr. CANADY of Florida, Mr. MCCOLLUM, and Mrs.
THURMAN) introduced the following bill; which was referred to the Com-
mittee on Ways and Means
A BILL
To amend the Trade Act of 1974 and the Tariff Act of
1930 to clarify the definitions of domestic industry and
like articles in certain investigations involving perishable
agricultural products, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. DEFINITIONS OF DOMESTIC INDUSTRY AND
LIKE OR DIRECTLY COMPETITIVE ARTICLES.
(a) DEFINITION OF DOMESTIC INDUSTRY.—Section
202(c)(4) of the Trade Act of 1974 (19 U.S.C.
2252(c)(4)) is amended—
(1) by striking ‘‘and’’ at the end of subpara-
graph (B),
(2) by striking the period at the end of sub-
paragraph (C) and inserting ‘‘; and’’, and
(3) by adding at the end the following new sub-
paragraph:
‘‘(D) may, in the case of one or more do-
mestic producers who produce a like or directly
competitive perishable agricultural product dur-
ing a particular growing season, limit the do-
mestic industry to those producers if the pro-
ducers sell all or almost all of their production
of the article in that growing season and the
demand for the article is not supplied, to any
substantial degree, by other domestic producers
of the article who produce the article in a dif-
ferent growing season.’’.
(b) DEFINITION OF LIKE OR DIRECTLY COMPETI-
TIVE ARTICLE; CONSIDERATION
OF IMPORTED ARTI-
CLE.—Section 202(c)(6) of such Act is amended by add-
ing at the end the following new subparagraphs:
‘‘(E) In the case of a perishable agricul-
tural product produced by a domestic industry
described in paragraph (4)(D), the term ‘like or
directly competitive article’ means only the arti-
cles produced by the industry during the appli-
cable growing season.
‘‘(F) In the case of a perishable agricul-
tural product, the Commission shall limit its
consideration to imported articles that are en-
tered, or withdrawn from warehouse for con-
sumption, during the same growing season as
the like or directly competitive product.’’.
(c) RELIEF LIMITED TO CERTAIN IMPORTED PROD-
UCTS.—Section 202(d)(4) of the Trade Act of 1974 (19
U.S.C. 2252(d)(4)) is amended by adding at the end the
following new subparagraph:
‘‘(E) The Commission shall, in the case of
a perishable agricultural product, limit provi-
sional relief to imported articles that are en-
tered, or withdrawn from warehouse for con-
sumption, during the same growing season as
the like or directly competitive product.’’.
(d) CONFORMING AMENDMENT.—Section 202(d)(5)
of the Trade Act of 1974 (19 U.S.C. 2252(d)(5)) is
amended in the matter preceding subparagraph (A), by
striking ‘‘subsection’’ and inserting ‘‘section’’.
SEC. 2. MONITORING OF FRESH TOMATOES AND PEPPERS.
Section 316 of the North American Free Trade
Agreement Implementation Act (19 U.S.C. 3381) is
amended—
(1) in the first sentence by striking ‘‘Inter-
national Trade Commission’’ and inserting ‘‘Com-
missioner of Customs’’;
(2) by striking the second sentence and insert-
ing the following: ‘‘At the request of the Commis-
sioner of Customs, the Secretary of Agriculture shall
provide to the Commissioner information relevant to
the monitoring carried out under this section. The
Commissioner of Customs shall promptly make
available to the public information gathered in carry-
ing out this section, but in no case more than 7 cal-
endar days after the Commissioner receives the in-
formation.’’.
SEC. 3. EFFECTIVE DATE.
(a) SECTION 1.—The amendments made by section
1 apply with respect to investigations initiated pursuant
to section 202(b) of the Trade Act of 1974 (19 U.S.C.
2252(b)) and requests for provisional relief initiated pur-
suant to section 202(d) of that Act (19 U.S.C. 2252(d))
after the date of the enactment of this Act.
(b) SEC. 2.—The amendments made by section 2
shall take effect 60 days after the date of the enactment
of this Act.
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