7 U.S.C. § 5652 — Relief from unfair trade practices

Page 1769 TITLE 7—AGRICULTURE § 5653 2008—Subsec. (b). Pub. L. 110–246, § 3101(b), added sub- sec. (b) and struck out former subsec. (b) which related to amount available for export credit guarantees for each of fiscal years 1996 through 2007 and limitation on amount of any origination fee. Subsec. (c)(1)(A). Pub. L. 110–246, § 3102(b), substituted ‘‘2008 through 2012’’ for ‘‘2006 and 2007’’. 2002—Subsec. (b)(1). Pub. L. 107–171, § 3102(d), sub- stituted ‘‘2007’’ for ‘‘2002’’. Subsec. (c). Pub. L. 107–171, § 3103, designated existing provisions as par. (1), inserted heading, redesignated former pars. (1) and (2) as subpars. (A) and (B), respec- tively, of par. (1), added subpar. (A) and struck out former subpar. (A) relating to funds available for mar- ket access activities authorized to be carried out by the Commodity Credit Corporation for fiscal years 1991 through 2002, and added par. (2). 1996—Subsec. (b). Pub. L. 104–127, § 243(b), added sub- sec. (b) and struck out former subsec. (b) which author- ized short and intermediate term export credit guaran- tees for each of fiscal years 1991 through 1995 and fur- ther provided for limitation on origination fees for short-term guarantees. Subsec. (c). Pub. L. 104–127, § 244(a)(2)(B)(i), (ii), sub- stituted ‘‘Market access programs’’ for ‘‘Marketing promotion programs’’ in heading and ‘‘market access activities’’ for ‘‘market promotion activities’’ in intro- ductory provisions. Subsec. (c)(1). Pub. L. 104–127, § 244(c), struck out ‘‘and’’ after ‘‘1993,’’ and substituted ‘‘through 1995, and not more than $90,000,000 for each of fiscal years 1996 through 2002,’’ for ‘‘through 1997,’’. Pub. L. 104–127, § 244(a)(2)(B)(iii), substituted ‘‘market access program’’ for ‘‘market development program’’. Subsec. (c)(2). Pub. L. 104–127, § 244(a)(2)(B)(iv), sub- stituted ‘‘market access program’’ for ‘‘marketing pro- motion program’’. 1993—Subsec. (c)(1). Pub. L. 103–66 substituted ‘‘through 1993, and not less than $110,000,000 for each of the fiscal years 1994 through 1997,’’ for ‘‘through 1995’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2008 AMENDMENT Amendment by Pub. L. 110–246 effective May 22, 2008, see section 4(b) of Pub. L. 110–246, set out as an Effec- tive Date note under section 8701 of this title. EFFECTIVE DATE OF 1996 AMENDMENT Pub. L. 104–127, title II, § 244(c), Apr. 4, 1996, 110 Stat. 968, provided that the amendment made by section 244(c) is effective Oct. 1, 1995. SUBCHAPTER III—BARRIERS TO EXPORTS § 5651. Repealed. Pub. L. 110–246, title III, § 3103(a), June 18, 2008, 122 Stat. 1832 Section, Pub. L. 95–501, title III, § 301, as added Pub. L. 101–624, title XV, § 1531, Nov. 28, 1990, 104 Stat. 3678; amended Pub. L. 102–237, title III, § 311, Dec. 13, 1991, 105 Stat. 1856; Pub. L. 102–511, title VII, § 709(b), Oct. 24, 1992, 106 Stat. 3352; Pub. L. 103–465, title IV, § 411(a)(3), (4), Dec. 8, 1994, 108 Stat. 4963; Pub. L. 104–127, title II, § 245, Apr. 4, 1996, 110 Stat. 968; Pub. L. 107–171, title III, § 3104(a), May 13, 2002, 116 Stat. 290, related to an export enhancement program and cash bonuses to exporters, users, and processors. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective May 22, 2008, see section 4(b) of Pub. L. 110–246, set out as an Effective Date note under sec- tion 8701 of this title. § 5652. Relief from unfair trade practices (a) Use of programs (1) In general The Secretary may, for each article de- scribed in paragraph (2), make available some or all of the commercial export promotion pro- grams of the Department of Agriculture and the Commodity Credit Corporation to help mitigate or offset the effects of the unfair trade practice serving as the basis for the pro- ceeding described in paragraph (2). (2) Commodities specified Paragraph (1) shall apply in the case of arti- cles for which the United States has insti- tuted, under any international trade agree- ment, any dispute settlement proceeding based on an unfair trade practice if such pro- ceeding has been prevented from progressing to a decision by the refusal of the party main- taining the unfair trade practice to permit the proceeding to progress. (b) Consultations required For any article described in subsection (a)(2), the Secretary shall— (1) promptly consult with representatives of the industry producing such articles and other allied groups or individuals regarding specific actions or the development of an integrated marketing strategy utilizing some or all of the commercial export programs of the Depart- ment of Agriculture and the Commodity Cred- it Corporation to help mitigate or offset the effects of the unfair trade practice identified in subsection (a)(2); and (2) ascertain and take into account the in- dustry preference for the practical use of available commercial export promotion pro- grams in implementing subsection (a)(1). (Pub. L. 95–501, title III, § 301, formerly § 302, as added Pub. L. 101–624, title XV, § 1531, Nov. 28, 1990, 104 Stat. 3680; renumbered § 301, Pub. L. 110–246, title III, § 3103(b)(2), June 18, 2008, 122 Stat. 1832.) Editorial Notes PRIOR PROVISIONS A prior section 301 of Pub. L. 95–501 was classified to section 5651 of this title prior to repeal by Pub. L. 110–246. Another prior section 301 of Pub. L. 95–501 amended sections 1761, 1762, 1764, and 1765 of this title prior to the complete revision of Pub. L. 95–501 by Pub. L. 101–624. § 5653. Equitable treatment of high-value and value-added United States agricultural com- modities In the case of any program operated by the Secretary or the Commodity Credit Corporation during the fiscal years 1991 through 1995, for the purpose of discouraging unfair trade practices, the Secretary shall establish as an objective to expend annually at least 25 percent of the total funds available (or 25 percent of the value of any commodities employed) for program activities involving the export sales of high-value agricul- tural commodities and value-added products of United States agricultural commodities.