19 U.S.C. § 2906: Definitions

Summary

Defines key terms used in this chapter. Distortion: can include a subsidy. Foreign country: includes any foreign instrumentality, and any territory or possession treated separately for customs is its own foreign country. GATT: means the GATT 1947, as defined in section 3501(1)(A) of this title. Implementing bill: has the meaning given in section 2191(b)(1) of this title. International trade: covers trade in goods and services and foreign direct investment by United States persons when it affects trade. State trading enterprise: a foreign government agency or a firm owned, controlled by, or given special privileges by a foreign government that buys or sells in international trade.

Title 19, §2906

Customs Duties, Source: USLM XML via OLRC

For purposes of this chapter:

(1)The term “distortion” includes, but is not limited to, a subsidy.

(2)The term “foreign country” includes any foreign instrumentality. Any territory or possession of a foreign country that is administered separately for customs purposes, shall be treated as a separate foreign country.

(3)The term “GATT” means the GATT 1947 (as defined in section 3501(1)(A) of this title).

(4)The term “implementing bill” has the meaning given such term in section 2191(b)(1) of this title.

(5)The term “international trade” includes, but is not limited to—

(A)trade in both goods and services, and

(B)foreign direct investment by United States persons, especially if such investment has implications for trade in goods and services.

(6)The term “state trading enterprise” means—

(A)any agency, instrumentality, or administrative unit of a foreign country which—

(i)purchases goods or services in international trade for any purpose other than the use of such goods or services by such agency, instrumentality, administrative unit, or foreign country, or

(ii)sells goods or services in international trade; or

(B)any business firm which—

(i)is substantially owned or controlled by a foreign country or any agency, instrumentality, or administrative unit thereof,

(ii)is granted (formally or informally) any special or exclusive privilege by such foreign country, agency, instrumentality, or administrative unit, and

(iii)purchases goods or services in international trade for any purpose other than the use of such goods or services by such foreign country, agency, instrumentality, or administrative unit, or which sells goods or services in international trade.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in text, was in the original “this part”, meaning part 1 (§§ 1101 to 1107) of subtitle A of title I of Pub. L. 100–418, which enacted this chapter and amended section 2131, 2133, and 2191 of this title. For complete classification of part 1 to the Code, see Tables. Codification Section is comprised of subsec. (a) of section 1107 of Pub. L. 100–418. Subsec. (b) of section 1107 of Pub. L. 100–418 amended section 2131 and 2191 of this title.

Amendments

1994—Par. (3). Pub. L. 103–465 substituted “the GATT 1947 (as defined in section 3501(1)(A) of this title)” for “the General Agreement on Tariffs and Trade”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1994 AmendmentAmendment by Pub. L. 103–465 effective on the date on which the WTO Agreement enters into force with respect to the United States (Jan. 1, 1995), see section 621(b) of Pub. L. 103–465, set out as a note under section 1677k of this title.

§2906 Definitions