7 U.S.C. § 5602 — Definitions

Page 1756 TITLE 7—AGRICULTURE § 5601 1 So in original. There probably should be a closing paren- thesis. 21, 1978, 92 Stat. 1685, which enacted sections 1707b to 1707d, 1765a to 1765h, 1769, and 2211a of this title, amend- ed sections 1707a, 1761, 1762, 1764, 1765, and 1766b of this title and section 5314 of Title 5, Government Organiza- tion and Employees, redesignated sections 1762(d), (f), and 1763 as sections 1766a to 1766c of this title, and en- acted provisions set out as notes under sections 612c–3, 1761, and 2211a of this title and section 2431 of Title 19, Customs Duties. The Act is shown herein, however, as having been added by Pub. L. 101–624, title XV, § 1531, Nov. 28, 1990, 104 Stat. 3668, because of the extensive amendments, renumbering, reorganization of subject matter, and expansion of the basic Act’s provisions by Pub. L. 101–624. SUBCHAPTER I—GENERAL PROVISIONS § 5601. Purpose It is the purpose of this chapter to increase the profitability of farming and to increase op- portunities for United States farms and agricul- tural enterprises by— (1) increasing the effectiveness of the De- partment of Agriculture in agricultural export policy formulation and implementation; (2) improving the competitiveness of United States agricultural commodities and products in the world market; and (3) providing for the coordination and effi- cient implementation of all agricultural ex- port programs. (Pub. L. 95–501, title I, § 101, as added Pub. L. 101–624, title XV, § 1531, Nov. 28, 1990, 104 Stat. 3669.) Editorial Notes PRIOR PROVISIONS A prior section 101 of Pub. L. 95–501 amended section 1707a of this title prior to the complete revision of Pub. L. 95–501 by Pub. L. 101–624. Statutory Notes and Related Subsidiaries SHORT TITLE OF 1994 AMENDMENT Pub. L. 103–465, title IV, § 411(a)(1), Dec. 8, 1994, 108 Stat. 4962, provided that: ‘‘This subsection [amending section 5651 of this title] may be cited as the ‘Export Enhancement Program Amendments of 1994’.’’ SHORT TITLE Pub. L. 95–501, § 1, as added by Pub. L. 101–624, title XV, § 1531, Nov. 28, 1990, 104 Stat. 3669, provided that: ‘‘This Act [enacting this chapter] may be cited as the ‘Agricultural Trade Act of 1978’.’’ § 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 de- fined in section 1471(2) of this title and in- sects), 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 suffi- cient commercial credit to meet all of its food needs, as determined by the Secretary; and (B) has the potential to become a commer- cial market for agricultural commodities. (3) Secretary The term ‘‘Secretary’’ means the Secretary of Agriculture. (4) Service The term ‘‘Service’’ means the Foreign Agri- cultural Service of the Department of Agri- culture. (5) Unfair trade practice (A) In general Subject to subparagraph (B), the term ‘‘un- fair 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, imple- ments a pricing practice that is incon- sistent 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 require- ment) that adversely affects a new tech- nology (including biotechnology); and (II) an unjustified sanitary or phytosanitary restriction (including any restriction that, in violation of the Uru- guay Round Agreements, is not based on scientific principles; 1 (v) imposes a rule that unfairly restricts imports of United States agricultural com- modities 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 de- termination regarding an unfair trade prac- tice 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 com- modity’’ means— (A) an agricultural commodity or product entirely produced in the United States; or Page 1757 TITLE 7—AGRICULTURE § 5603 (B) a product of an agricultural com- modity— (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 har- vested by a documented fishing vessel as de- fined 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, § 102, as added Pub. L. 101–624, title XV, § 1531, Nov. 28, 1990, 104 Stat. 3669; amended Pub. L. 102–511, title VII, § 702, Oct. 24, 1992, 106 Stat. 3349; Pub. L. 104–127, title II, § 243(c), Apr. 4, 1996, 110 Stat. 967; Pub. L. 107–171, title III, § 3104(b), May 13, 2002, 116 Stat. 290.) Editorial Notes 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 discrimina- tory and burdens or restricts United States com- merce.’’ 1996—Par. (7). Pub. L. 104–127 added subpars. (A) and (B) and struck out former subpars. (A) and (B) which read as follows: ‘‘(A) with respect to any agricultural commodity other than a product of an agricultural commodity, an agricultural commodity entirely produced in the United States; and ‘‘(B) with respect to a product of an agricultural com- modity— ‘‘(i) a product all of the agricultural components of which are entirely produced in the United States; or ‘‘(ii) any other product the Secretary may des- ignate that contains any agricultural component that is not entirely produced in the United States if— ‘‘(I) such component is an added, de minimis com- ponent, ‘‘(II) such component is not commercially pro- duced in the United States, and ‘‘(III) there is no acceptable substitute for such component that is commercially produced in the United States.’’ 1992—Par. (1). Pub. L. 102–511, § 702(a), substituted ‘‘feed, fiber, or livestock (including livestock as it is defined in section 1471(2) of this title and insects)’’ for ‘‘feed, or fiber’’. Par. (8). Pub. L. 102–511, § 702(b), added par. (8). § 5603. Agricultural export promotion strategy (a) In general The Secretary shall develop a strategy for im- plementing Federal agricultural export pro- motion programs that takes into account the new market opportunities for agricultural prod- ucts, including opportunities that result from— (1) the North American Free Trade Agree- ment and the Uruguay Round Agreements; (2) any accession to membership in the World Trade Organization; (3) the continued economic growth in the Pacific Rim; and (4) other developments. (b) Purpose of strategy The strategy developed under subsection (a) shall encourage the maintenance, development, and expansion of export markets for United States agricultural commodities and related products, including high-value and value-added products. (c) Goals of strategy The strategy developed under subsection (a) shall have the following goals: (1) Increase the value of United States agri- cultural exports each year. (2) Increase the value of United States agri- cultural exports each year at a faster rate than the rate of increase in the value of over- all world export trade in agricultural prod- ucts. (3) Increase the value of United States high- value and value-added agricultural exports each year. (4) Increase the value of United States high- value and value-added agricultural exports each year at a faster rate than the rate of in- crease in the value of overall world export trade in high-value and value-added agricul- tural products. (5) Ensure that to the extent practicable— (A) all obligations undertaken in the Uru- guay Round Agreement on Agriculture that significantly increase access for United States agricultural commodities are imple- mented to the extent required by the Uru- guay Round Agreements; or (B) applicable United States laws are used to secure United States rights under the Uruguay Round Agreement on Agriculture. (d) Priority markets (1) Identification of markets In developing the strategy required under subsection (a), the Secretary shall annually identify as priority markets— (A) those markets in which imports of ag- ricultural products show the greatest poten- tial for increase; and (B) those markets in which, with the as- sistance of Federal export promotion pro- grams, exports of United States agricultural products show the greatest potential for in- crease. (2) Identification of supporting offices The President shall identify annually in the budget of the United States Government sub- mitted under section 1105 of title 31 each over- seas office of the Foreign Agricultural Service that provides assistance to United States ex- porters in each of the priority markets identi- fied under paragraph (1). (Pub. L. 95–501, title I, § 103, as added Pub. L. 101–624, title XV, § 1531, Nov. 28, 1990, 104 Stat. 3670; amended Pub. L. 102–237, title III, § 308, Dec. 13, 1991, 105 Stat. 1856; Pub. L. 104–127, title II, § 241(a), Apr. 4, 1996, 110 Stat. 963.)