A bill to provide access to trade remedies to small businesses, and for other purposes.
Small Business and Agricultural Trade Remedies Act of 1983 - Requires the Secretary of Commerce to establish within the Department of Commerce the Small Business Trade Assistance Office, which shall assist small businesses in preparing for, and participating in, proceedings relating to the administration of the U.S. trade laws. Authorizes the Office to intervene in any administrative proceeding under title VII of the Tariff Act of 1930 at the request of any person. Requires the Office to establish a system for paying small businesses reasonable expenses associated with such proceedings. Sets forth the limitations on such awards. Authorizes appropriations.
Amends the Tariff Act of 1930 to revise the standards for determinations by the International Trade Commission of injury for purposes of countervailing duty investigations and antidumping investigations so as to require the Commission to find a "sufficient" rather than a "reasonable" indication of injury.
Permits judicial review of certain countervailing duty and antidumping duty proceedings in the Court of Appeals for the Federal Circuit rather than the U.S. Court of International Trade.
Provides that in the case of a small business seeking import relief, the International Trade Commission shall consider the separate circumstances of such petitioner in making any determination as to material injury.
Amends the Trade Act of 1974 to require the President, in determining whether to provide import relief and the method and amount of import relief to provide for a small business, to take into account: (1) the general economic situation in the major geographic area in which the small business is located; (2) the impact of fluctuations in exchange rates on any industry in such area; and (3) the ability of the small business to adjust by converting to alternative product lines.
Permits a petitioner for import relief in connection with any perishable products (certain fresh or chilled vegetables, fresh mushrooms, certain fresh fruit, and certain fresh cut flowers) to file with the Secretary of Agriculture a petition for emergency action. Requires the Secretary to determine within 14 days after such a petition has been filed whether the perishable product concerned is being imported into the United States in such increased quantities as to cause serious injury or threat of injury to the domestic industry producing a perishable product like, or directly competitive with, the imported product. Directs the Secretary to recommend to the President that emergency action be taken if the determination is affirmative or to publish notice of a negative determination and notify the petitioner. Requires the President to either order import relief or publish notice, within seven days after receipt of a recommendation by the Secretary, of a decision not to take action. Permits a petitioner to file subsequent petitions after a negative determination.
Makes an emergency action with respect to import relief ineffective when: (1) the President makes a decision on a regular petition filed under the Trade Act of 1974 with respect to the perishable product concerned; (2) the International Trade Commission makes a negative determination after an investigation with respect to such a petition; or (3) the President determines such relief is no longer warranted because of changed circumstances.
Introduced in Senate
Read twice and referred to the Committee on Finance.
Committee on Finance requested executive comment from OMB; Treasury Department.
Subcommittee on International Trade. Hearings held.
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