7 U.S.C. § 5602
Section 5602 · Definitions
Current version, with additions and removals from the October 24, 1992 version.
As used in this chapter—
As used in this chapter—
(1) Agricultural commodity
(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.
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
(2) Developing country
The term “developing country” means a country that—
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
(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.
(B) has the potential to become a commercial market for agricultural commodities.
(3) Secretary
(3) Secretary
The term “Secretary” means the Secretary of Agriculture.
The term “Secretary” means the Secretary of Agriculture.
(4) Service
(4) Service
The term “Service” means the Foreign Agricultural Service of the Department of Agriculture.
The term “Service” means the Foreign Agricultural Service of the Department of Agriculture.
(5) Unfair trade practice
(5) Unfair trade practice
(A) In general
(A) In general
Subject to subparagraph (B), the term “unfair trade practice” means any act, policy, or practice of a foreign country that—
Subject to subparagraph (B), the term “unfair trade practice” means any act, policy, or practice of a foreign country that—
(ii) is unjustifiable, unreasonable, or discriminatory and burdens or restricts United States commerce.
(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
(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.
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
(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.
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
(7) United States agricultural commodity
The term “United States agricultural commodity” means—
The term “United States agricultural commodity” means—
(ii) any other product the Secretary may designate that contains any agricultural component that is not entirely produced in the United States if—
(I) such component is an added, de minimis component,
(II) such component is not commercially produced in the United States, and
(III) there is no acceptable substitute for such component that is commercially produced in the United States.
(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.
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
(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.
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.