7 U.S.C. § 5602 : US Code - Section 5602: Definitions
Search 7 U.S.C. § 5602 : US Code - Section 5602: Definitions
As used in this chapter -
(1) Agricultural commodity
The term "agricultural commodity" means any agricultural
commodity, food, feed, fiber, or livestock (including livestock
as it is defined in section 1471(2) of this title and insects),
and any product thereof.
(2) Developing country
The term "developing country" means a country that -
(A) has a shortage of foreign exchange earnings and has
difficulty accessing sufficient commercial credit to meet all
of its food needs, as determined by the Secretary; and
(B) has the potential to become a commercial market for
agricultural commodities.
(3) Secretary
The term "Secretary" means the Secretary of Agriculture.
(4) Service
The term "Service" means the Foreign Agricultural Service of
the Department of Agriculture.
(5) Unfair trade practice
(A) In general
Subject to subparagraph (B), the term "unfair trade practice"
means any act, policy, or practice of a foreign country that -
(i) violates, or is inconsistent with, the provisions of,
or otherwise denies benefits to the United States under, any
trade agreement to which the United States is a party;
(ii) in the case of a monopolistic state trading enterprise
engaged in the export sale of an agricultural commodity,
implements a pricing practice that is inconsistent with sound
commercial practice;
(iii) provides a subsidy that -
(I) decreases market opportunities for United States
exports; or
(II) unfairly distorts an agricultural market to the
detriment of United States exporters;
(iv) imposes an unfair technical barrier to trade,
including -
(I) a trade restriction or commercial requirement (such
as a labeling requirement) that adversely affects a new
technology (including biotechnology); and
(II) an unjustified sanitary or phytosanitary restriction
(including any restriction that, in violation of the
Uruguay Round Agreements, is not based on scientific
principles; (!1)
(v) imposes a rule that unfairly restricts imports of
United States agricultural commodities in the administration
of tariff rate quotas; or
(vi) fails to adhere to, or circumvents any obligation
under, any provision of a trade agreement with the United
States.
(B) Consistency with 1974 Trade Act
Nothing in this chapter may be construed to authorize the
Secretary to make any determination regarding an unfair trade
practice that is inconsistent with section 2411 of title 19.
(6) United States
The term "United States" includes each of the States, the
District of Columbia, Puerto Rico, and the territories and
possessions of the United States.
(7) United States agricultural commodity
The term "United States agricultural commodity" means -
(A) an agricultural commodity or product entirely produced in
the United States; or
(B) a product of an agricultural commodity -
(i) 90 percent or more of the agricultural components of
which by weight, excluding packaging and added water, is
entirely produced in the United States; and
(ii) that the Secretary determines to be a high value
agricultural product.
For purposes of this paragraph, fish entirely produced in the
United States include fish harvested by a documented fishing
vessel as defined in title 46 in waters that are not waters
(including the territorial sea) of a foreign country.
(8) Independent states of the former Soviet Union
The term "independent states of the former Soviet Union" means
the following: Armenia, Azerbaijan, Belarus, Georgia, Kazakhstan,
Kyrgyzstan, Moldova, Russia, Tajikistan, Turkmenistan, Ukraine,
and Uzbekistan.
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