Page:United States Statutes at Large Volume 123.djvu/435

 123STA T .4 1 5PUBLIC LA W 111 – 5 —FE B.1 7, 2 0 0 9cor r esp o nd s t ot h e ma r k et i n gy ear w ith respect to which a petition is f i l ed u nder section 29 2 .’ ’ and (3)b y adding at the end the following

‘( 7 ) MARKETINGY EAR. —T he term ‘marketing year’ means— ‘‘( A ) a marketing year designated by the S ecretary with respect to an agricultural commodity; or ‘‘( B ) in the case of an agricultural commodity with respect to which the Secretary does not designate a mar - keting year , a calendar year.’’. SEC.18 8 2 .E LIG I B ILI TY . (a) I N G ENERA L .—Section 292 of the Trade Act of 1 97 4 (19 U .S. C . 24 0 1a) is amended by striking subsections (c) through (e) and inserting the following: ‘‘(c) GR OUPE LIGI B ILITY R E Q UIRE M ENT S .—The Secretary shall certify a group of agricultural commodity producers as eligible to apply for ad j ustment assistance under this chapter if the Secretary determines that— ‘‘(1)(A) the national a v erage price of the agricultural com- modity produced by the group during the most recent marketing year for which data are available is less than 85 percent of the average of the national average price for the commodity in the 3 marketing years preceding such marketing year; ‘‘(B) the q uantity of production of the agricultural com- modity produced by the group during such marketing year is less than 85 percent of the average of the quantity of produc- tion of the commodity produced by the group in the 3 marketing years preceding such marketing year; ‘‘(C) the value of production of the agricultural commodity produced by the group during such marketing year is less than 85 percent of the average value of production of the commodity produced by the group in the 3 marketing years preceding such marketing year; or ‘‘( D ) the cash receipts for the agricultural commodity pro- duced by the group during such marketing year are less than 85 percent of the average of the cash receipts for the commodity produced by the group in the 3 marketing years preceding such marketing year; ‘‘(2) the volume of imports of articles like or directly competitive with the agricultural commodity produced by the group in the marketing year with respect to which the group files the petition increased compared to the average volume of such imports during the 3 marketing years preceding such marketing year; and ‘‘(3) the increase in such imports contributed importantly to the decrease in the national average price, quantity of production, or value of production of, or cash receipts for, the agricultural commodity, as described in paragraph (1). ‘‘(d) ELIGIBILITY O F CERTAIN O T H ER P RO D U C ERS.—An agricul- tural commodity producer or group of producers that resides outside of the State or region identified in the petition filed under subsection (a) may file a request to become a party to that petition not later than 15 days after the date the notice is published in the F ederal Register under subsection (a) with respect to that petition. ‘‘(e) TREATMENT OF CLASSES OF GOODS W ITHIN A COMMODITY.— In any case in which there are separate classes of goods within Deadlin e .Not i c e. F ede r al R e g i s ter ,pub lication. C erti f ication.