{"identifier":"/us/usc/t19/s4210","title":19,"num":"\u00a7\u202f4210.","heading":"Definitions","text":"\u00a7\u202f4210.\nDefinitions\nIn this chapter:\n(1)\nAgreement on Agriculture\nThe term \u201cAgreement on Agriculture\u201d means the agreement referred to in\nsection 3511(d)(2) of this title\n(2)\nAgreement on Safeguards\nThe term \u201cAgreement on Safeguards\u201d means the agreement referred to in\nsection 3511(d)(13) of this title\n(3)\nAgreement on Subsidies and Countervailing Measures\nThe term \u201cAgreement on Subsidies and Countervailing Measures\u201d means the agreement referred to in\nsection 3511(d)(12) of this title\n(4)\nAntidumping Agreement\nThe term \u201cAntidumping Agreement\u201d means the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 referred to in\nsection 3511(d)(7) of this title\n(5)\nAppellate Body\nThe term \u201cAppellate Body\u201d means the Appellate Body established under Article 17.1 of the Dispute Settlement Understanding.\n(6)\nCommon multilateral environmental agreement\n(A)\nIn general\nThe term \u201ccommon multilateral environmental agreement\u201d means any agreement specified in subparagraph (B) or included under subparagraph (C) to which both the United States and one or more other parties to the negotiations are full parties, including any current or future mutually agreed upon protocols, amendments, annexes, or adjustments to such an agreement.\n(B)\nAgreements specified\nThe agreements specified in this subparagraph are the following:\n(i) The Convention on International Trade in Endangered Species of Wild Fauna and Flora, done at Washington\nMarch 3, 1973\n(ii) The Montreal Protocol on Substances that Deplete the Ozone Layer, done at Montreal\nSeptember 16, 1987\n(iii) The Protocol of 1978 Relating to the International Convention for the Prevention of Pollution from Ships, 1973, done at London\nFebruary 17, 1978\n(iv) The Convention on Wetlands of International Importance Especially as Waterfowl Habitat, done at Ramsar\nFebruary 2, 1971\n(v) The Convention on the Conservation of Antarctic Marine Living Resources, done at Canberra\nMay 20, 1980\n(vi) The International Convention for the Regulation of Whaling, done at Washington\nDecember 2, 1946\n62 Stat. 1716\n(vii) The Convention for the Establishment of an Inter-American Tropical Tuna Commission, done at Washington\nMay 31, 1949\n(C)\nAdditional agreements\nBoth the United States and one or more other parties to the negotiations may agree to include any other multilateral environmental or conservation agreement to which they are full parties as a common multilateral environmental agreement under this paragraph.\n(7)\nCore labor standards\nThe term \u201ccore labor standards\u201d means\u2014\n(A) freedom of association;\n(B) the effective recognition of the right to collective bargaining;\n(C) the elimination of all forms of forced or compulsory labor;\n(D) the effective abolition of child labor and a prohibition on the worst forms of child labor; and\n(E) the elimination of discrimination in respect of employment and occupation.\n(8)\nDispute Settlement Understanding\nThe term \u201cDispute Settlement Understanding\u201d means the Understanding on Rules and Procedures Governing the Settlement of Disputes referred to in\nsection 3511(d)(16) of this title\n(9)\nEnabling Clause\nThe term \u201cEnabling Clause\u201d means the Decision on Differential and More Favourable Treatment, Reciprocity and Fuller Participation of Developing Countries (L/4903), adopted\nNovember 28, 1979\nsection 3501 of this title\n(10)\nEnvironmental laws\nThe term \u201cenvironmental laws\u201d, with respect to the laws of the United States, means environmental statutes and regulations enforceable by action of the Federal Government.\n(11)\nGATT 1994\nThe term \u201cGATT 1994\u201d has the meaning given that term in\nsection 3501 of this title\n(12)\nGeneral Agreement on Trade in Services\nThe term \u201cGeneral Agreement on Trade in Services\u201d means the General Agreement on Trade in Services (referred to in\nsection 3511(d)(14) of this title\n(13)\nGovernment Procurement Agreement\nThe term \u201cGovernment Procurement Agreement\u201d means the Agreement on Government Procurement referred to in\nsection 3511(d)(17) of this title\n(14)\nILO\nThe term \u201cILO\u201d means the International Labor Organization.\n(15)\nImport sensitive agricultural product\nThe term \u201cimport sensitive agricultural product\u201d means an agricultural product\u2014\n(A) with respect to which, as a result of the Uruguay Round Agreements, the rate of duty was the subject of tariff reductions by the United States and, pursuant to such Agreements, was reduced on\nJanuary 1, 1995\nDecember 31, 1994\n(B) which was subject to a tariff rate quota on\nJune 29, 2015\n(16)\nInformation Technology Agreement\nThe term \u201cInformation Technology Agreement\u201d means the Ministerial Declaration on Trade in Information Technology Products of the World Trade Organization, agreed to at Singapore\nDecember 13, 1996\n(17)\nInternationally recognized core labor standards\nThe term \u201cinternationally recognized core labor standards\u201d means the core labor standards only as stated in the ILO Declaration on Fundamental Principles and Rights at Work and its Follow-Up (1998).\n(18)\nLabor laws\nThe term \u201clabor laws\u201d means the statutes and regulations, or provisions thereof, of a party to the negotiations that are directly related to core labor standards as well as other labor protections for children and minors and acceptable conditions of work with respect to minimum wages, hours of work, and occupational safety and health, and for the United States, includes Federal statutes and regulations addressing those standards, protections, or conditions, but does not include State or local labor laws.\n(19)\nUnited States person\nThe term \u201cUnited States person\u201d means\u2014\n(A) a United States citizen;\n(B) a partnership, corporation, or other legal entity that is organized under the laws of the United States; and\n(C) a partnership, corporation, or other legal entity that is organized under the laws of a foreign country and is controlled by entities described in subparagraph (B) or United States citizens, or both.\n(20)\nUruguay Round Agreements\nThe term \u201cUruguay Round Agreements\u201d has the meaning given that term in\nsection 3501(7) of this title\n(21)\nWorld Trade Organization; WTO\nThe terms \u201cWorld Trade Organization\u201d and \u201cWTO\u201d mean the organization established pursuant to the WTO Agreement.\n(22)\nWTO Agreement\nThe term \u201cWTO Agreement\u201d means the Agreement Establishing the World Trade Organization entered into on\nApril 15, 1994\n(23)\nWTO member\nThe term \u201cWTO member\u201d has the meaning given that term in\nsection 3501(10) of this title","url":"https://projectusc.org/usc/t19/s4210.html","content":[{"t":"sec","id":"/us/usc/t19/s4210","children":[{"t":"num","text":"\u00a7\u202f4210."},{"t":"heading","text":"Definitions","tail":"\n"},{"t":"chapeau","text":"In this chapter:"},{"t":"para","id":"/us/usc/t19/s4210/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"Agreement on Agriculture"},{"t":"content","children":[{"t":"p","text":"The term \u201cAgreement on Agriculture\u201d means the agreement referred to in ","children":[{"t":"ref","text":"section 3511(d)(2) of this title","href":"/us/usc/t19/s3511/d/2","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t19/s4210/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Agreement on Safeguards"},{"t":"content","children":[{"t":"p","text":"The term \u201cAgreement on Safeguards\u201d means the agreement referred to in ","children":[{"t":"ref","text":"section 3511(d)(13) of this title","href":"/us/usc/t19/s3511/d/13","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t19/s4210/3","children":[{"t":"num","text":"(3)"},{"t":"heading","text":"Agreement on Subsidies and Countervailing Measures"},{"t":"content","children":[{"t":"p","text":"The term \u201cAgreement on Subsidies and Countervailing Measures\u201d means the agreement referred to in ","children":[{"t":"ref","text":"section 3511(d)(12) of this title","href":"/us/usc/t19/s3511/d/12","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t19/s4210/4","children":[{"t":"num","text":"(4)"},{"t":"heading","text":"Antidumping Agreement"},{"t":"content","children":[{"t":"p","text":"The term \u201cAntidumping Agreement\u201d means the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 referred to in ","children":[{"t":"ref","text":"section 3511(d)(7) of this title","href":"/us/usc/t19/s3511/d/7","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t19/s4210/5","children":[{"t":"num","text":"(5)"},{"t":"heading","text":"Appellate Body"},{"t":"content","children":[{"t":"p","text":"The term \u201cAppellate Body\u201d means the Appellate Body established under Article 17.1 of the Dispute Settlement Understanding.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t19/s4210/6","children":[{"t":"num","text":"(6)"},{"t":"heading","text":"Common multilateral environmental agreement"},{"t":"subpara","id":"/us/usc/t19/s4210/6/A","children":[{"t":"num","text":"(A)"},{"t":"heading","text":"In general"},{"t":"content","children":[{"t":"p","text":"The term \u201ccommon multilateral environmental agreement\u201d means any agreement specified in subparagraph (B) or included under subparagraph (C) to which both the United States and one or more other parties to the negotiations are full parties, including any current or future mutually agreed upon protocols, amendments, annexes, or adjustments to such an agreement.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t19/s4210/6/B","children":[{"t":"num","text":"(B)"},{"t":"heading","text":"Agreements specified"},{"t":"chapeau","text":"The agreements specified in this subparagraph are the following:"},{"t":"clause","id":"/us/usc/t19/s4210/6/B/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" The Convention on International Trade in Endangered Species of Wild Fauna and Flora, done at Washington ","children":[{"t":"text","text":"March 3, 1973","tail":" (27 UST 1087; TIAS 8249)."}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t19/s4210/6/B/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" The Montreal Protocol on Substances that Deplete the Ozone Layer, done at Montreal ","children":[{"t":"text","text":"September 16, 1987","tail":"."}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t19/s4210/6/B/iii","children":[{"t":"num","text":"(iii)"},{"t":"content","text":" The Protocol of 1978 Relating to the International Convention for the Prevention of Pollution from Ships, 1973, done at London ","children":[{"t":"text","text":"February 17, 1978","tail":"."}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t19/s4210/6/B/iv","children":[{"t":"num","text":"(iv)"},{"t":"content","text":" The Convention on Wetlands of International Importance Especially as Waterfowl Habitat, done at Ramsar ","children":[{"t":"text","text":"February 2, 1971","tail":" (TIAS 11084)."}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t19/s4210/6/B/v","children":[{"t":"num","text":"(v)"},{"t":"content","text":" The Convention on the Conservation of Antarctic Marine Living Resources, done at Canberra ","children":[{"t":"text","text":"May 20, 1980","tail":" (33 UST 3476)."}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t19/s4210/6/B/vi","children":[{"t":"num","text":"(vi)"},{"t":"content","text":" The International Convention for the Regulation of Whaling, done at Washington ","children":[{"t":"text","text":"December 2, 1946","tail":" ("},{"t":"ref","text":"62 Stat. 1716","href":"/us/stat/62/1716","tail":")."}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t19/s4210/6/B/vii","children":[{"t":"num","text":"(vii)"},{"t":"content","text":" The Convention for the Establishment of an Inter-American Tropical Tuna Commission, done at Washington ","children":[{"t":"text","text":"May 31, 1949","tail":" (1 UST 230)."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t19/s4210/6/C","children":[{"t":"num","text":"(C)"},{"t":"heading","text":"Additional agreements"},{"t":"content","children":[{"t":"p","text":"Both the United States and one or more other parties to the negotiations may agree to include any other multilateral environmental or conservation agreement to which they are full parties as a common multilateral environmental agreement under this paragraph.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t19/s4210/7","children":[{"t":"num","text":"(7)"},{"t":"heading","text":"Core labor standards"},{"t":"chapeau","text":"The term \u201ccore labor standards\u201d means\u2014"},{"t":"subpara","id":"/us/usc/t19/s4210/7/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" freedom of association;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t19/s4210/7/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" the effective recognition of the right to collective bargaining;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t19/s4210/7/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" the elimination of all forms of forced or compulsory labor;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t19/s4210/7/D","children":[{"t":"num","text":"(D)"},{"t":"content","text":" the effective abolition of child labor and a prohibition on the worst forms of child labor; and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t19/s4210/7/E","children":[{"t":"num","text":"(E)"},{"t":"content","text":" the elimination of discrimination in respect of employment and occupation.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t19/s4210/8","children":[{"t":"num","text":"(8)"},{"t":"heading","text":"Dispute Settlement Understanding"},{"t":"content","children":[{"t":"p","text":"The term \u201cDispute Settlement Understanding\u201d means the Understanding on Rules and Procedures Governing the Settlement of Disputes referred to in ","children":[{"t":"ref","text":"section 3511(d)(16) of this title","href":"/us/usc/t19/s3511/d/16","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t19/s4210/9","children":[{"t":"num","text":"(9)"},{"t":"heading","text":"Enabling Clause"},{"t":"content","children":[{"t":"p","text":"The term \u201cEnabling Clause\u201d means the Decision on Differential and More Favourable Treatment, Reciprocity and Fuller Participation of Developing Countries (L/4903), adopted ","children":[{"t":"text","text":"November 28, 1979","tail":", under GATT 1947 (as defined in "},{"t":"ref","text":"section 3501 of this title","href":"/us/usc/t19/s3501","tail":")."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t19/s4210/10","children":[{"t":"num","text":"(10)"},{"t":"heading","text":"Environmental laws"},{"t":"content","children":[{"t":"p","text":"The term \u201cenvironmental laws\u201d, with respect to the laws of the United States, means environmental statutes and regulations enforceable by action of the Federal Government.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t19/s4210/11","children":[{"t":"num","text":"(11)"},{"t":"heading","text":"GATT 1994"},{"t":"content","children":[{"t":"p","text":"The term \u201cGATT 1994\u201d has the meaning given that term in ","children":[{"t":"ref","text":"section 3501 of this title","href":"/us/usc/t19/s3501","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t19/s4210/12","children":[{"t":"num","text":"(12)"},{"t":"heading","text":"General Agreement on Trade in Services"},{"t":"content","children":[{"t":"p","text":"The term \u201cGeneral Agreement on Trade in Services\u201d means the General Agreement on Trade in Services (referred to in ","children":[{"t":"ref","text":"section 3511(d)(14) of this title","href":"/us/usc/t19/s3511/d/14","tail":")."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t19/s4210/13","children":[{"t":"num","text":"(13)"},{"t":"heading","text":"Government Procurement Agreement"},{"t":"content","children":[{"t":"p","text":"The term \u201cGovernment Procurement Agreement\u201d means the Agreement on Government Procurement referred to in ","children":[{"t":"ref","text":"section 3511(d)(17) of this title","href":"/us/usc/t19/s3511/d/17","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t19/s4210/14","children":[{"t":"num","text":"(14)"},{"t":"heading","text":"ILO"},{"t":"content","children":[{"t":"p","text":"The term \u201cILO\u201d means the International Labor Organization.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t19/s4210/15","children":[{"t":"num","text":"(15)"},{"t":"heading","text":"Import sensitive agricultural product"},{"t":"chapeau","text":"The term \u201cimport sensitive agricultural product\u201d means an agricultural product\u2014"},{"t":"subpara","id":"/us/usc/t19/s4210/15/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" with respect to which, as a result of the Uruguay Round Agreements, the rate of duty was the subject of tariff reductions by the United States and, pursuant to such Agreements, was reduced on ","children":[{"t":"text","text":"January 1, 1995","tail":", to a rate that was not less than 97.5 percent of the rate of duty that applied to such article on "},{"t":"text","text":"December 31, 1994","tail":"; or"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t19/s4210/15/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" which was subject to a tariff rate quota on ","children":[{"t":"text","text":"June 29, 2015","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t19/s4210/16","children":[{"t":"num","text":"(16)"},{"t":"heading","text":"Information Technology Agreement"},{"t":"content","children":[{"t":"p","text":"The term \u201cInformation Technology Agreement\u201d means the Ministerial Declaration on Trade in Information Technology Products of the World Trade Organization, agreed to at Singapore ","children":[{"t":"text","text":"December 13, 1996","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t19/s4210/17","children":[{"t":"num","text":"(17)"},{"t":"heading","text":"Internationally recognized core labor standards"},{"t":"content","children":[{"t":"p","text":"The term \u201cinternationally recognized core labor standards\u201d means the core labor standards only as stated in the ILO Declaration on Fundamental Principles and Rights at Work and its Follow-Up (1998).","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t19/s4210/18","children":[{"t":"num","text":"(18)"},{"t":"heading","text":"Labor laws"},{"t":"content","children":[{"t":"p","text":"The term \u201clabor laws\u201d means the statutes and regulations, or provisions thereof, of a party to the negotiations that are directly related to core labor standards as well as other labor protections for children and minors and acceptable conditions of work with respect to minimum wages, hours of work, and occupational safety and health, and for the United States, includes Federal statutes and regulations addressing those standards, protections, or conditions, but does not include State or local labor laws.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t19/s4210/19","children":[{"t":"num","text":"(19)"},{"t":"heading","text":"United States person"},{"t":"chapeau","text":"The term \u201cUnited States person\u201d means\u2014"},{"t":"subpara","id":"/us/usc/t19/s4210/19/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" a United States citizen;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t19/s4210/19/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" a partnership, corporation, or other legal entity that is organized under the laws of the United States; and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t19/s4210/19/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" a partnership, corporation, or other legal entity that is organized under the laws of a foreign country and is controlled by entities described in subparagraph (B) or United States citizens, or both.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t19/s4210/20","children":[{"t":"num","text":"(20)"},{"t":"heading","text":"Uruguay Round Agreements"},{"t":"content","children":[{"t":"p","text":"The term \u201cUruguay Round Agreements\u201d has the meaning given that term in ","children":[{"t":"ref","text":"section 3501(7) of this title","href":"/us/usc/t19/s3501/7","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t19/s4210/21","children":[{"t":"num","text":"(21)"},{"t":"heading","text":"World Trade Organization; WTO"},{"t":"content","children":[{"t":"p","text":"The terms \u201cWorld Trade Organization\u201d and \u201cWTO\u201d mean the organization established pursuant to the WTO Agreement.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t19/s4210/22","children":[{"t":"num","text":"(22)"},{"t":"heading","text":"WTO Agreement"},{"t":"content","children":[{"t":"p","text":"The term \u201cWTO Agreement\u201d means the Agreement Establishing the World Trade Organization entered into on ","children":[{"t":"text","text":"April 15, 1994","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t19/s4210/23","children":[{"t":"num","text":"(23)"},{"t":"heading","text":"WTO member"},{"t":"content","children":[{"t":"p","text":"The term \u201cWTO member\u201d has the meaning given that term in ","children":[{"t":"ref","text":"section 3501(10) of this title","href":"/us/usc/t19/s3501/10","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}