19 U.S.C. § 2802 — Definitions

Page 808 TITLE 19—CUSTOMS DUTIES § 2801 years for which grants are made, submit a writ- ten report to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives. The first report shall include— (1) a statement identifying the institution or institutions selected as the Center; (2) the reasons for selecting the institution or institutions as the Center; and (3) the plan of such institution or institu- tions for operating the Center. Each subsequent report shall include informa- tion with respect to the operations of the Cen- ter, the collaboration of the Center with, and dissemination of information to, Government policymakers and the business community with respect to the study of Western Hemispheric trade by the Center, and the plan and efforts of the Center to continue operations after grants under this section have expired. (Pub. L. 98–67, title II, § 219, as added Pub. L. 103–182, title V, § 515(a), Dec. 8, 1993, 107 Stat. 2158; amended Pub. L. 104–295, § 21(d), Oct. 11, 1996, 110 Stat. 3530; Pub. L. 106–29, § 2(a), May 21, 1999, 113 Stat. 54.) Editorial Notes AMENDMENTS 1999—Subsec. (d)(6). Pub. L. 106–29 substituted ‘‘Dante B. Fascell North-South Center’’ for ‘‘North/South Cen- ter’’. 1996—Subsec. (b)(1). Pub. L. 104–295, § 21(d)(1), sub- stituted semicolon for comma at end. Subsec. (h)(1), (2). Pub. L. 104–295, § 21(d)(2), sub- stituted semicolon for comma after ‘‘Center’’. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS For transfer of functions, personnel, assets, and li- abilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Sec- retary of Homeland Security, and for treatment of re- lated references, see sections 203(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of Novem- ber 25, 2002, as modified, set out as a note under section 542 of Title 6. For establishment of U.S. Customs and Border Protection in the Department of Homeland Se- curity, treated as if included in Pub. L. 107–296 as of Nov. 25, 2002, see section 211 of Title 6, as amended gen- erally by Pub. L. 114–125, and section 802(b) of Pub. L. 114–125, set out as a note under section 211 of Title 6. AUTHORIZATION OF APPROPRIATIONS Pub. L. 103–182, title V, § 515(b), Dec. 8, 1993, 107 Stat. 2159, which authorized appropriations for fiscal year 1994 and the 3 succeeding fiscal years to carry out the purposes of this section, was repealed by Pub. L. 116–113, title VI, § 601, Jan. 29, 2020, 134 Stat. 78, effective on the date the USMCA entered into force (July 1, 2020). CHAPTER 16—WINE TRADE Sec. 2801. Congressional findings and purposes. 2802. Definitions. 2803. Designation of major wine trading countries. 2804. Actions to reduce or eliminate tariff and non- tariff barriers affecting United States wine. 2805. Required consultations. 2806. United States wine export promotion. § 2801. Congressional findings and purposes (a) Congress finds that— (1) there is a substantial imbalance in inter- national wine trade resulting, in part, from the relative accessibility enjoyed by foreign wines to the United States market while the United States wine industry faces restrictive tariff and nontariff barriers in virtually every existing or potential foreign market; (2) the restricted access to foreign markets and the continued low prices for United States wine and grape products adversely affect the economic position of our Nation’s winemakers and grape growers, as well as all other domes- tic sectors that depend upon wine production; (3) the competitive position of United States wine in international trade has been weakened by foreign trade practices, high domestic in- terest rates, and unfavorable foreign exchange rates; (4) wine consumption per capita is very low in many major non-wine producing markets and the demand potential for United States wine is significant; and (5) the United States winemaking industry has the capacity and the ability to export sub- stantial volumes of wine and an increase in United States wine exports will create new jobs, improve this Nation’s balance of trade, and otherwise strengthen the national econ- omy. (b) The purposes of this chapter are— (1) to provide wine consumers with the greatest possible choice of wines from wine- producing countries; (2) to encourage the initiation of an export promotion program to develop, maintain, and expand foreign markets for United States wine; and (3) to achieve greater access to foreign mar- kets for United States wine and grape prod- ucts through the reduction or elimination of tariff barriers and nontariff barriers to (or other distortions of) trade in wine. (Pub. L. 98–573, title IX, § 902, Oct. 30, 1984, 98 Stat. 3047.) Statutory Notes and Related Subsidiaries SHORT TITLE Pub. L. 98–573, title IX, § 901, Oct. 30, 1984, 98 Stat. 3047, provided that: ‘‘This title [enacting this chapter] may be cited as the ‘Wine Equity and Export Expansion Act of 1984’.’’ § 2802. Definitions For purposes of this chapter— (1) The term ‘‘Committees’’ means the Com- mittee on Ways and Means of the House of Representatives and the Committee on Fi- nance of the Senate. (2) The term ‘‘grape product’’ means grapes and any product (other than wine) made from grapes, including, but not limited to, raisins and grape juice, whether or not concentrated. (3) The term ‘‘major wine trading country’’ means any foreign country, or group of foreign countries, designated as such under section 2803 of this title. (4) The phrase ‘‘nontariff barrier to (or other distortion of)’’, in the context of trade in Page 809 TITLE 19—CUSTOMS DUTIES § 2804 1 So in original. Probably should be capitalized. 2 So in original. Probably should be ‘‘therefor;’’. United States wine, includes any measure im- plemented by the government of a major wine trading country that either gives a competi- tive advantage to the wine industry of that country or restricts the importation of United States wine into that country. (5) The term ‘‘Trade Representative’’ means the United States Trade Representative. (6) The term ‘‘United States wine’’ means wine produced within the customs territory of the United States. (7) The term ‘‘wine’’ means any fermented alcoholic beverage that— (A) is made from grapes or other fruit; (B) contains not less than 0.5 percent alco- hol by volume and not more than 24 percent alcohol by volume, including all dilutions and mixtures thereof by whatever process produced; and (C) is for nonindustrial use. (Pub. L. 98–573, title IX, § 903, Oct. 30, 1984, 98 Stat. 3048.) § 2803. Designation of major wine trading coun- tries (a) The Trade Representative shall designate as a major wine trading country each foreign country, or group of foreign countries rep- resented as an economic union, that, in the judgment of the Trade Representative— (1) is a potential significant market for United States wine; and (2) maintains tariff barriers or nontariff bar- riers to (or other distortions of) trade in United States wine. (b) In deciding, for purposes of subsection (a)(2), whether a foreign country or group of countries maintains nontariff barriers to (or other distortions of) trade in United States wine, the Trade Representative shall take into account— (1) the review and report required under sec- tion 854(a) of the Trade Agreements Act of 1979 (19 U.S.C. 2135 note); (2) such relevant actions that may have been taken by that country or group since that re- view was conducted; and (3) such information as may be submitted under section 2805 of this title by representa- tives of the wine and grape products industries in the United States, as well as other sources. (Pub. L. 98–573, title IX, § 904, Oct. 30, 1984, 98 Stat. 3048.) Editorial Notes REFERENCES IN TEXT Section 854(a) of the Trade Agreements Act of 1979, referred to in subsec. (b)(1), is section 854(a) of Pub. L. 96–39, title VIII, July 26, 1979, 93 Stat. 294, which is set out as a note under section 2135 of this title. § 2804. Actions to reduce or eliminate tariff and nontariff barriers affecting United States wine (a) Consultations with major wine trading coun- tries The President shall direct the Trade Rep- resentative to enter into consultations with each major wine trading country to seek a re- duction or elimination of that country’s tariff barriers and nontariff barriers to (or other dis- tortions of) trade in United States wine. (b) Reports to Congress on actions taken to ex- pand export opportunities (1) the 1 President shall notify each of the Committees regarding the extent and effect of the efforts undertaken since the submission of the report required under section 854(a) of the Trade Agreements Act of 1979 [19 U.S.C. 2135 note], and during the 12-month period beginning on October 30, 1984, to expand opportunities in each major wine trading country for exports of United States wine. Such notification, which shall be in the form of a separate written report (that must be submitted within 30 days after the close of that 12-month period) for each major wine trading country, shall include— (A) a description of each act, policy, and practice (and of its legal basis and operation) in that country that constitutes a tariff bar- rier or nontariff barrier to (or other distortion of) trade in United States wine (and that de- scription shall be based upon an updating of the report that was submitted to the Congress under section 854(a) of the Trade Agreements Act of 1979); (B) an assessment of the extent to which each such act, policy, or practice is subject to international agreements to which the United States is a party; (C) information with respect to any action taken, or proposed to be taken, under existing authority to eliminate or reduce each such act, policy, or practice, including, but not lim- ited to— (i) any action under the Trade Act of 1974 [19 U.S.C. 2101 et seq.], and (ii) any negotiation or consultation with any foreign government; (D) if action referred to in subparagraph (C) was not taken, an explanation of the reasons therefore; 2 and (E) recommendations to the Congress of any additional legislative authority or other ac- tion which the President believes is necessary and appropriate to obtain the elimination or reduction of foreign tariff barriers or nontariff barriers to (or other distortions of) trade in United States wine. (2) The reports required under paragraph (1) shall be developed and coordinated by the Trade Representative through the interagency trade organization established by section 1872(a) of this title. (c) Enforcement of rights If the President, after taking into account in- formation and advice received under subsections (a) and (b), section 2805 of this title or from other sources, determines that action is appro- priate to respond to any act, policy, or practice of a major wine trading country constitutes a tariff barrier or nontariff barrier to (or other distortion of) trade in United States wine and— (1) is inconsistent with the provisions of, or otherwise denies benefits to the United States under, any trade agreement; or