{"identifier":"/us/usc/t7/s5602","title":7,"num":"\u00a7\u202f5602.","heading":"Definitions","text":"\u00a7\u202f5602.\nDefinitions\nAs used in this chapter\u2014\n(1)\nAgricultural commodity\nThe term \u201cagricultural commodity\u201d means any agricultural commodity, food, feed, fiber, or livestock (including livestock as it is defined in\nsection 1471(2) of this title\n(2)\nDeveloping country\nThe term \u201cdeveloping country\u201d means a country that\u2014\n(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\n(B) has the potential to become a commercial market for agricultural commodities.\n(3)\nSecretary\nThe term \u201cSecretary\u201d means the Secretary of Agriculture.\n(4)\nService\nThe term \u201cService\u201d means the Foreign Agricultural Service of the Department of Agriculture.\n(5)\nUnfair trade practice\n(A)\nIn general\nSubject to subparagraph (B), the term \u201cunfair trade practice\u201d means any act, policy, or practice of a foreign country that\u2014\n(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;\n(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;\n(iii) provides a subsidy that\u2014\n(I) decreases market opportunities for United States exports; or\n(II) unfairly distorts an agricultural market to the detriment of United States exporters;\n(iv) imposes an unfair technical barrier to trade, including\u2014\n(I) a trade restriction or commercial requirement (such as a labeling requirement) that adversely affects a new technology (including biotechnology); and\n(II) an unjustified sanitary or phytosanitary restriction (including any restriction that, in violation of the Uruguay Round Agreements, is not based on scientific principles;\n1\n1 So in original. There probably should be a closing parenthesis.\n(v) imposes a rule that unfairly restricts imports of United States agricultural commodities in the administration of tariff rate quotas; or\n(vi) fails to adhere to, or circumvents any obligation under, any provision of a trade agreement with the United States.\n(B)\nConsistency with 1974 Trade Act\nNothing in this chapter may be construed to authorize the Secretary to make any determination regarding an unfair trade practice that is inconsistent with\nsection 2411 of title 19\n(6)\nUnited States\nThe term \u201cUnited States\u201d includes each of the States, the District of Columbia, Puerto Rico, and the territories and possessions of the United States.\n(7)\nUnited States agricultural commodity\nThe term \u201cUnited States agricultural commodity\u201d means\u2014\n(A) an agricultural commodity or product entirely produced in the United States; or\n(B) a product of an agricultural commodity\u2014\n(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\n(ii) that the Secretary determines to be a high value agricultural product.\nFor 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.\n(8)\nIndependent states of the former Soviet Union\nThe term \u201cindependent states of the former Soviet Union\u201d means the following: Armenia, Azerbaijan, Belarus, Georgia, Kazakhstan, Kyrgyzstan, Moldova, Russia, Tajikistan, Turkmenistan, Ukraine, and Uzbekistan.","url":"https://projectusc.org/usc/t7/s5602.html","content":[{"t":"sec","id":"/us/usc/t7/s5602","children":[{"t":"num","text":"\u00a7\u202f5602."},{"t":"heading","text":"Definitions","tail":"\n"},{"t":"chapeau","text":"As used in this chapter\u2014"},{"t":"para","id":"/us/usc/t7/s5602/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"Agricultural commodity"},{"t":"content","children":[{"t":"p","text":"The term \u201cagricultural commodity\u201d means any agricultural commodity, food, feed, fiber, or livestock (including livestock as it is defined in ","children":[{"t":"ref","text":"section 1471(2) of this title","href":"/us/usc/t7/s1471/2","tail":" and insects), and any product thereof."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t7/s5602/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Developing country"},{"t":"chapeau","text":"The term \u201cdeveloping country\u201d means a country that\u2014"},{"t":"subpara","id":"/us/usc/t7/s5602/2/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" 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","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t7/s5602/2/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" has the potential to become a commercial market for agricultural commodities.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t7/s5602/3","children":[{"t":"num","text":"(3)"},{"t":"heading","text":"Secretary"},{"t":"content","children":[{"t":"p","text":"The term \u201cSecretary\u201d means the Secretary of Agriculture.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t7/s5602/4","children":[{"t":"num","text":"(4)"},{"t":"heading","text":"Service"},{"t":"content","children":[{"t":"p","text":"The term \u201cService\u201d means the Foreign Agricultural Service of the Department of Agriculture.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t7/s5602/5","children":[{"t":"num","text":"(5)"},{"t":"heading","text":"Unfair trade practice"},{"t":"subpara","id":"/us/usc/t7/s5602/5/A","children":[{"t":"num","text":"(A)"},{"t":"heading","text":"In general"},{"t":"chapeau","text":"Subject to subparagraph (B), the term \u201cunfair trade practice\u201d means any act, policy, or practice of a foreign country that\u2014"},{"t":"clause","id":"/us/usc/t7/s5602/5/A/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" 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;","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t7/s5602/5/A/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" 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;","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t7/s5602/5/A/iii","children":[{"t":"num","text":"(iii)"},{"t":"chapeau","text":" provides a subsidy that\u2014"},{"t":"subclause","id":"/us/usc/t7/s5602/5/A/iii/I","children":[{"t":"num","text":"(I)"},{"t":"content","text":" decreases market opportunities for United States exports; or","tail":"\n"}],"tail":"\n"},{"t":"subclause","id":"/us/usc/t7/s5602/5/A/iii/II","children":[{"t":"num","text":"(II)"},{"t":"content","text":" unfairly distorts an agricultural market to the detriment of United States exporters;","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t7/s5602/5/A/iv","children":[{"t":"num","text":"(iv)"},{"t":"chapeau","text":" imposes an unfair technical barrier to trade, including\u2014"},{"t":"subclause","id":"/us/usc/t7/s5602/5/A/iv/I","children":[{"t":"num","text":"(I)"},{"t":"content","text":" a trade restriction or commercial requirement (such as a labeling requirement) that adversely affects a new technology (including biotechnology); and","tail":"\n"}],"tail":"\n"},{"t":"subclause","id":"/us/usc/t7/s5602/5/A/iv/II","children":[{"t":"num","text":"(II)"},{"t":"content","text":" an unjustified sanitary or phytosanitary restriction (including any restriction that, in violation of the Uruguay Round Agreements, is not based on scientific principles;\u202f","children":[{"t":"ref","text":"1"},{"t":"num","text":"1","tail":"\u202fSo in original. There probably should be a closing parenthesis."},{"t":"text","text":"\u202fSo in original. There probably should be a closing parenthesis."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t7/s5602/5/A/v","children":[{"t":"num","text":"(v)"},{"t":"content","text":" imposes a rule that unfairly restricts imports of United States agricultural commodities in the administration of tariff rate quotas; or","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t7/s5602/5/A/vi","children":[{"t":"num","text":"(vi)"},{"t":"content","text":" fails to adhere to, or circumvents any obligation under, any provision of a trade agreement with the United States.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t7/s5602/5/B","children":[{"t":"num","text":"(B)"},{"t":"heading","text":"Consistency with 1974 Trade Act"},{"t":"content","children":[{"t":"p","text":"Nothing in this chapter may be construed to authorize the Secretary to make any determination regarding an unfair trade practice that is inconsistent with ","children":[{"t":"ref","text":"section 2411 of title 19","href":"/us/usc/t19/s2411","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t7/s5602/6","children":[{"t":"num","text":"(6)"},{"t":"heading","text":"United States"},{"t":"content","children":[{"t":"p","text":"The term \u201cUnited States\u201d includes each of the States, the District of Columbia, Puerto Rico, and the territories and possessions of the United States.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t7/s5602/7","children":[{"t":"num","text":"(7)"},{"t":"heading","text":"United States agricultural commodity"},{"t":"chapeau","text":"The term \u201cUnited States agricultural commodity\u201d means\u2014"},{"t":"subpara","id":"/us/usc/t7/s5602/7/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" an agricultural commodity or product entirely produced in the United States; or","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t7/s5602/7/B","children":[{"t":"num","text":"(B)"},{"t":"chapeau","text":" a product of an agricultural commodity\u2014"},{"t":"clause","id":"/us/usc/t7/s5602/7/B/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" 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","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t7/s5602/7/B/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" that the Secretary determines to be a high value agricultural product.","tail":"\n"}],"tail":"\n"}],"tail":"\n\n"},{"t":"continuation","text":"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.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t7/s5602/8","children":[{"t":"num","text":"(8)"},{"t":"heading","text":"Independent states of the former Soviet Union"},{"t":"content","children":[{"t":"p","text":"The term \u201cindependent states of the former Soviet Union\u201d means the following: Armenia, Azerbaijan, Belarus, Georgia, Kazakhstan, Kyrgyzstan, Moldova, Russia, Tajikistan, Turkmenistan, Ukraine, and Uzbekistan.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}