[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC5602]
TITLE 7--AGRICULTURE
CHAPTER 87--EXPORT PROMOTION
SUBCHAPTER I--GENERAL PROVISIONS
Sec. 5602. Definitions
As used in this chapter--
(1) Agricultural commodity
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) Developing country
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) Secretary
The term ``Secretary'' means the Secretary of Agriculture.
(4) Service
The term ``Service'' means the Foreign Agricultural Service of
the Department of Agriculture.
(5) Unfair trade practice
(A) In general
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; \1\
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\1\ 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) Consistency with 1974 Trade Act
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) United States
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) United States agricultural commodity
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.
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.
(8) Independent states of the former Soviet Union
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.
(Pub. L. 95-501, title I, Sec. 102, as added Pub. L. 101-624, title XV,
Sec. 1531, Nov. 28, 1990, 104 Stat. 3669; amended Pub. L. 102-511, title
VII, Sec. 702, Oct. 24, 1992, 106 Stat. 3349; Pub. L. 104-127, title II,
Sec. 243(c), Apr. 4, 1996, 110 Stat. 967; Pub. L. 107-171, title III,
Sec. 3104(b), May 13, 2002, 116 Stat. 290.)
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 r
