§5602 — Title 7 Agriculture | U.S. Code

Summary

Defines the key words used in the chapter. Agricultural commodity: any farm product, food, feed, fiber, livestock (including the livestock meaning in section 1471(2) of this title), insects, or products made from them. Developing country: a nation that the Secretary finds both lacks enough foreign exchange or commercial credit to meet its food needs and could become a commercial market for farm goods. Secretary: the Secretary of Agriculture. Service: the Foreign Agricultural Service of the Department of Agriculture. Unfair trade practice: a foreign country action, policy, or practice that breaks or denies benefits under U.S. trade deals; uses noncommercial pricing by state trading exporters; gives subsidies that hurt U.S. exports or distort markets; creates unfair technical barriers (like labeling rules that hurt new technology or unjustified sanitary/plant-health rules not based on science, including violations of the Uruguay Round Agreements); unfairly limits imports under tariff-rate quotas; or avoids obligations in a trade agreement. The Secretary may not make an unfair-trade finding that conflicts with section 2411 of title 19. United States: the States, the District of Columbia, Puerto Rico, and U.S. territories and possessions. United States agricultural commodity: a commodity made entirely in the United States, or a product whose agricultural parts are 90 percent or more by weight (excluding packaging and added water) produced in the United States and that the Secretary calls a high-value agricultural product. Independent states of the former Soviet Union: Armenia, Azerbaijan, Belarus, Georgia, Kazakhstan, Kyrgyzstan, Moldova, Russia, Tajikistan, Turkmenistan, Ukraine, and Uzbekistan.

Title 7, §5602

Agriculture — Source: USLM XML via OLRC

As used in this chapter—

(1)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)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)The term “Secretary” means the Secretary of Agriculture.

(4)The term “Service” means the Foreign Agricultural Service of the Department of Agriculture.

(5)(A)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; 11 So in original. There probably should be a closing parenthesis.

(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)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)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)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.

(8)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.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2002—Par. (5)(A)(ii) to (vi). Pub. L. 107–171 added cls. (ii) to (vi) and struck out former cl. (ii) which read as follows: “is unjustifiable, unreasonable, or discriminatory and burdens or restricts United States commerce.” 1996—Par. (7). Pub. L. 104–127 added subpars. (A) and (B) and struck out former subpars. (A) and (B) which read as follows: “(A) with respect to any agricultural commodity other than a product of an agricultural commodity, an agricultural commodity entirely produced in the United States; and “(B) with respect to a product of an agricultural commodity— “(i) a product all of the agricultural components of which are entirely produced in the United States; or “(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.” 1992—Par. (1). Pub. L. 102–511, § 702(a), substituted “feed, fiber, or livestock (including livestock as it is defined in section 1471(2) of this title and insects)” for “feed, or fiber”. Par. (8). Pub. L. 102–511, § 702(b), added par. (8).

§5602 Definitions

Summary

Title 7, §5602

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata