Page:United States Statutes at Large Volume 102 Part 2.djvu/199

 PUBLIC LAW 100-418—AUG. 23, 1988

102 STAT. 1203

SEC. 1326. PROCESSED AGRICULTURAL PRODUCTS. (a) DEFINITION OF INDUSTRY PRODUCING PROCESSED AGRICULTURAL

PRODUCTS.—Paragraph (4) of section 771 (19 U.S.C. 1677(4)) is amended by adding at the end thereof the following new subparagraph: "(E) INDUSTRY PRODUCTS.—



PRODUCING

PROCESSED AGRICULTURAL

"(i) IN GENERAL.—Subject to clause (v), in an investigation involving a processed agricultural product produced from any raw agricultural product, the producers or growers of the raw agricultural product may be considered part of the industry producing the processed product if— "(I) the processed agricultural product is produced from the raw agricultural product through a single continuous line of production; and "(ID there is a substantial coincidence of economic interest between the producers or growers of the raw agricultural product and the processors of the proce^ed agricultural product based upon relevant economic factors, which may, in the discretion of the Commission, include price, added market value, or other economic interrelationships (regardless of whether such coincidence of economic interest is based upon any legal relationship), "(ii) PROCESSING.—For purposes of this subparagraph, the processed agricultural product shall be considered to be processed from a raw agricultural product through a single continuous Line of production if— "(I) the raw agricultural product is substantially or completely devoted to the production of the processed agricultural product; and "(IE) the processed agricultural product is produced substantially or completely from the raw product. "(iii) RELEVANT ECONOMIC FACTORS.—For purposes of clause (i)(n), in addition to such other factors it considers relevant to the question of coincidence of economic interest, the O)mmission shall— "(I) if price is taken into account, consider the degree of correlation between the price of the raw agricultural product and the price of the proce^ed agricultural product; and "(II) if added market value is taken into account, consider whether the value of the raw agricultural product constitutes a significant percentage of the value of the processed agricultural product. "(iv) RAW AGRICULTURAL PRODUCT.—For purposes of this subparagraph, the term 'raw agricultural product' means any farm or fishery product. "(v)

TERMINATION OF THIS SUBPARAGRAPH.—This

subparagraph shall cease to have effect if the United States IVade Representative notifies the administering authority and the Commission that the application of

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