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

Summary

Defines key words used in this chapter. "Agricultural commodity" is any farm product, food, feed, fiber, livestock (including insects), or product made from them. "Developing country" is a country the Secretary of Agriculture finds both has a shortage of foreign exchange and trouble getting enough commercial credit to meet its food needs, and that could become a commercial market for agricultural goods. "Secretary" means the Secretary of Agriculture. "Service" means the Foreign Agricultural Service. "United States" includes the States, the District of Columbia, Puerto Rico, and U.S. territories and possessions. "United States agricultural commodity" is either made entirely in the U.S., or is a product whose agricultural parts are 90 percent or more by weight (excluding packaging and added water) produced in the U.S. and that the Secretary calls a high value agricultural product. "Unfair trade practice" covers foreign acts or policies that harm U.S. agriculture, such as breaking or denying rights under trade agreements; noncommercial pricing by monopolistic state trading enterprises; subsidies that cut U.S. export opportunities or distort markets; unfair technical barriers like rules or labels that hurt new technology (including biotechnology) or unjustified sanitary or phytosanitary restrictions not based on science in violation of the Uruguay Round Agreements; rules that unfairly limit imports under tariff rate quotas; or avoiding trade agreement duties. The Secretary cannot make an unfair-trade finding that conflicts with section 2411 of title 19. "Independent states of the former Soviet Union" are 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