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19 U.S.C. § 2906 — Definitions
Federal law — U.S. Code and appendices · legal_authorities
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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3501/1/A&num=0&edition=prelim)).
(4) The term “implementing bill” has the meaning given such term in [section 2191(b)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2191/b/1&num=0&edition=prelim).
(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
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Source location: Title 19, Chapter 17, § 2906; chapter-017-negotiation-and-implementation-of-trade-agreements.md
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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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3501/1/A&num=0&edition=prelim)).
(4) The term “implementing bill” has the meaning given such term in [section 2191(b)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2191/b/1&num=0&edition=prelim).
(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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions** For purposes of this section:
(1)
(A) The term “Agreement” means the Agreement on Implementation of Article VI of the GATT 1994 (relating to antidumping measures).
(B) The term “GATT 1994” has the meaning given that term in [section 3501(1)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3501/1/B&num=0&edition=prelim).
(2) The term “Agreement country” means a foreign country that has accepted the Agreement.
(3) The term “Trade Representative” means the United States Trade Representative.
**(b) Petition by domestic industry**
(1) A domestic industry that produces a product that is like or directly competitive with merchandise produced by a foreign country (whether or not an Agreement country) may, if it has reason to believe that—
(A) such merchandise is being dumped in an Agreement country; and
(B) such domestic industry is being materially injured, or threatened with material injury, by reason of such dumping;
submit a petition to the Trade Representative that alleges the elements referred to in subparagraphs (A) and (B) and requests the Trade Representative to take action under subsection (c) on behalf of the domestic industry.
(2) A petition submitted under paragraph (1) shall contain such detailed information as the Trade Representative may require in support of the allegations in the petition.
**(c) Application for antidumping action on behalf of domestic industry**
(1) If the Trade Representative, on the basis of the information contained in a petition submitted under paragraph (1), determines that there is a reasonable basis for the allegations in the petition, the Trade Representative shall submit to the appropriate authority of the Agreement country where the alleged dumping
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Federal law — U.S. Code and appendices · legal_authorities
Page 821
TITLE 19—CUSTOMS DUTIES
§ 2906
Editorial Notes
AMENDMENTS
1996—Pub. L. 104–295 substituted ‘‘or WTO’’ for ‘‘for
WTO’’ in section catchline.
1994—Pub. L. 103–465, § 621(a)(4)(D), inserted ‘‘for
WTO’’ after ‘‘Trade’’ in section catchline.
Subsec. (a). Pub. L. 103–465, § 621(a)(4)(A), substituted
‘‘the GATT 1947, or to the WTO Agreement,’’ for ‘‘the
GATT’’ in introductory provisions.
Subsecs. (b), (c). Pub. L. 103–465, § 621(a)(4)(B), inserted
‘‘1947 or the WTO Agreement’’ after ‘‘the GATT’’ wher-
ever appearing.
Subsec. (e). Pub. L. 103–465, § 621(a)(4)(C), added sub-
sec. (e).
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1994 AMENDMENT
Amendment by Pub. L. 103–465 effective on the date
on which the WTO Agreement enters into force with re-
spect 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.
Executive Documents
DELEGATION OF FUNCTIONS
For delegation of certain functions of President
under this section to United States Trade Representa-
tive, see section 1–101 of Ex. Ord. No. 12661, Dec. 27, 1988,
54 F.R. 779, set out as a note under section 2901 of this
title.
PRESIDENTIAL DOCUMENTS REGARDING STATE TRADING
ENTERPRISES
The following presidential documents related to de-
terminations under subsec. (a) of this section:
CHINA.—Memorandum of President of the United
States, Nov. 9, 2001, 66 F.R. 57357.
RUSSIA.—Memorandum of President of the United
States, Dec. 15, 2011, 76 F.R. 79023.
SAUDI
ARABIA.—Memorandum of President of the
United States, Nov. 10, 2005, 70 F.R. 69419.
TAIWAN, PENGHU, KINMEN, AND MATSU.—Memorandum
of President of the United States, Nov. 9, 2001, 66 F.R.
57359.
UKRAINE.—Determination of President of the United
States, No
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