SB 104-04: Defending Domestic Produce Production Act (Passed)

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AN ACT
To provide for the treatment of core seasonal industries affected by antidumping or countervailing duty investigations


Be it enacted by the Senate of the Republic of Atlasia assembled

Section 1. Title

This legislation may be cited as the Defending Domestic Produce Production Act.

Section 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) Dumping.—The term ‘dumping’ refers to the illegal practice of when a country or company exports a product at a price that is lower in the foreign importing market than the price in the exporter's domestic market.

Section 3. Improvements to Countervailing Duty Procedures for Core Seasonal Industries

1. 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, may report suspected instances of dumping to the Department of Commerce's Bureau of Industry and Security (BIS).

2. The Tariff Act of 1930 is hereby 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”.

Sponsor: Scott

The gentleman from Wyoming is recognized.

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This bill, which is based on a bipartisan bill in Congress, will help our nation's fruit and vegetable growers combat unfair trade practices by some of our trade partners, including Mexico.

Current law requires petitioners to demonstrate harm as measured from a nationwide and year-round perspective, which by definition precludes the recognition of regional and seasonal fruit and vegetable industries. This bill would fix this oversight in Atlasian trade law, and acknowledge the unique circumstance of seasonal fruit and vegetable producers.

While I am a supporter of free trade, I believe that free trade can only work on a leveled playing field. To those who may charge this legislation with reneging to harmful protectionist policies and trade wars which have crippled our economy in the past, I say that this merely reinforces existing law to protect our nation's farmers and make sure they have a fair chance in the marketplace.

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I think the Senate would appreciate some clarification on the majority-of-the-majority language in the bill and what exactly it means for members of the industry who may happen to reside in disadvantageously sized states.

Secondly, what are the reasons for the extra 8-week period in 2(a)(B) and the differences in computing the actionable time periods between 2(a)(B) and 3(1)?

I'm not sure exactly how to answer the first question but, for instance, you may notice the original sponsors and co-sponsors of the real-life legislation are from Florida, so Florida citrus growers will naturally be more likely to benefit from pursuing action against dumping of citrus crops as that state dominates the market for that crop. Repeat this in the Midwest, or elsewhere in the country which dominates the market of a certain crop, and they will not be at a disadvantage.

The changes in time windows are simply for flexibility purposes.

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A final vote will open in 24 hours, barring objections.

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A final vote is now open. Senators, please vote Aye, Nay, or Abstain.

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Aye

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This bill has enough votes to pass. Senators have 24 hours to change their vote.

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Vote on Final Senate Passage of the Defending Domestic Produce Production Act:

Aye (14): Scott, MB, KoopaDaQuick, Weatherboy, FalterinArc, North Carolina Yankee, OBD, Spark, Kuumo, wxtransit, Ishan, Joseph Cao, Jimmy7812, Pericles
Nay (3): AGA, Talleyrand, DeadPrez
Abstain (1): DTC

Not Voting (0)

This bill has passed the Senate and is sent to the President for executive action.

[Bleach Blonde Bad Built Butch Bodies for Biden]

AN ACT
To provide for the treatment of core seasonal industries affected by antidumping or countervailing duty investigations


Be it enacted by the Senate of the Republic of Atlasia assembled

Section 1. Title

This legislation may be cited as the Defending Domestic Produce Production Act.

Section 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) Dumping.—The term ‘dumping’ refers to the illegal practice of when a country or company exports a product at a price that is lower in the foreign importing market than the price in the exporter's domestic market.

Section 3. Improvements to Countervailing Duty Procedures for Core Seasonal Industries

1. 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, may report suspected instances of dumping to the Department of Commerce's Bureau of Industry and Security (BIS).

2. The Tariff Act of 1930 is hereby 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”.

Senate of the Republic of Atlasia
Passed 14-3-1-0 in the Atlasian Senate assembled,

Scott, President pro tempore