I 
105TH CONGRESS 
1ST SESSION H. R. 2811 
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 
NOVEMBER 4, 1997 
Mrs. THURMAN introduced the following bill; which was referred to the 
Committee 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— 
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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tered, or withdrawn from warehouse for con-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tered, or withdrawn from warehouse for con-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’’. 
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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 car-
rying out this section, but in no case more than 7 
calendar days after the Commissioner receives the 
information.’’. 
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. 
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(b) SEC. 2.—The amendments made by section 2 
shall take effect 60 days after the date of the enactment 
of this Act. 
Æ 
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