Emergency Relief from Duties Act
Bill: S.3812 | Sponsor: Sen. Marshall, Roger (R-KS)
Policy area: Foreign Trade and International Finance

Summary:
Emergency Relief from Duties Act
This bill provides for a temporary waiver of countervailing and antidumping duties relating to fertilizer or fertilizer ingredients in emergency situations.
Specifically, a covered party (e.g., a manufacturer, trade association, or other interested party) may petition the U.S. International Trade Commission (USITC) to waive countervailing or antidumping duties assessed for fertilizer or fertilizer ingredients (or renew such a waiver) in emergency situations that limit the production or supply of fertilizer or fertilizer ingredients.
The bill requires the USITC to (1) allow the public to submit comments on any petition for a waiver or renewal; and (2) issue, within 30 days after the close of the public comment period, a final decision concerning the waiver or renewal. Any waiver or renewal shall be for a period of one year.

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.

    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 ``Emergency Relief from Duties Act''.

SEC. 2. EMERGENCY WAIVER OF COUNTERVAILING AND ANTIDUMPING DUTIES 
              RELATING TO FERTILIZER OR FERTILIZER INGREDIENTS.

    (a) Petition.--Any covered party may petition the Commission to 
waive countervailing duties or antidumping duties assessed for covered 
merchandise under title VII of the Tariff Act of 1930 (19 U.S.C. 1671 
et seq.), or renew any such waiver, if there is an emergency situation 
that--
            (1) limits the production in the United States of that 
        merchandise in a manner that causes economic hardship for users 
        of that merchandise or merchandise made from that merchandise; 
        or
            (2) would result in a supply and demand disruption that 
        substantially increases the price of that merchandise or 
        merchandise made from that merchandise.
    (b) Public Comment.--The Commission shall permit the public to 
submit comments concerning any petition for a waiver or renewal under 
subsection (a) for a period of not less than 30 days.
    (c) Final Decision on Waiver or Renewal.--Not later than 30 days 
after the close of a public comment period under subsection (b) 
concerning a petition for a waiver or renewal under subsection (a), the 
Commission shall issue a final decision concerning that waiver or 
renewal.
    (d) Period of Waiver.--Any waiver or renewal under this section 
shall be for a period of one year.
    (e) Definitions.--In this section:
            (1) Commission.--The term ``Commission'' means the United 
        States International Trade Commission.
            (2) Covered merchandise.--The term ``covered merchandise'' 
        means any fertilizer or ingredient used to make fertilizer.
            (3) Covered party.--The term ``covered party'' means any of 
        the following:
                    (A) An interested party, as that term is defined in 
                section 771(9) of the Tariff Act of 1930 (19 U.S.C. 
                1677(9)), that is a United States person.
                    (B) A coalition or trade association representative 
                of agricultural producers or growers in the United 
                States if those producers or growers utilize covered 
                merchandise subject to countervailing duties or 
                antidumping duties assessed under title VII of the 
                Tariff Act of 1930 (19 U.S.C. 1671 et seq.) or 
                merchandise made from covered merchandise subject to 
                those duties.
            (4) Emergency situation.--The term ``emergency situation'' 
        includes the following:
                    (A) Acts of God, such as severe acts of nature or 
                weather events including floods, fires, earthquakes, 
                hurricanes, and explosions.
                    (B) War, acts of terrorism, and epidemics.
                    (C) Acts of governmental authorities such as 
                expropriation, condemnation, and changes in laws and 
                regulations.
                    (D) Strikes and labor disputes.
                    (E) Major accidents.
                                 <all>