19 U.S.C. § 2906 — Definitions

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. 2008–17, Mar. 28, 2008, 73 F.R. 17879. VIETNAM.—Memorandum of President of the United States, Nov. 6, 2006, 71 F.R. 66223. § 2906. Definitions 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 pos- session of a foreign country that is adminis- tered 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 serv- ices. (6) The term ‘‘state trading enterprise’’ means— (A) any agency, instrumentality, or ad- ministrative unit of a foreign country which— (i) purchases goods or services in inter- national 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 inter- national trade; or (B) any business firm which— (i) is substantially owned or controlled by a foreign country or any agency, instru- mentality, 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 inter- national 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. (Pub. L. 100–418, title I, § 1107, Aug. 23, 1988, 102 Stat. 1134; Pub. L. 103–465, title VI, § 621(a)(5), Dec. 8, 1994, 108 Stat. 4993.) 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 chap- ter and amended sections 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 sections 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 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. CHAPTER 18—IMPLEMENTATION OF HARMONIZED TARIFF SCHEDULE Sec. 3001. Purposes. 3002. Definitions. 3003. Congressional approval of United States ac- cession to the Convention. 3004. Enactment of Harmonized Tariff Schedule. 3005. Commission review of, and recommendations regarding, Harmonized Tariff Schedule. 3006. Presidential action on Commission rec- ommendations. 3007. Publication of Harmonized Tariff Schedule. 3008. Import and export statistics. 3009. Coordination of trade policy and Convention. 3010. United States participation on Customs Co- operation Council regarding Convention.