19 U.S.C. § 2571 — Definitions

Page 750 TITLE 19—CUSTOMS DUTIES § 2554 (b) Resolution The Trade Representative shall undertake to resolve, on a mutually satisfactory basis, the issues set forth in the representation through consultation with the parties concerned. (Pub. L. 96–39, title IV, § 423, July 26, 1979, 93 Stat. 247; Pub. L. 103–182, title III, § 351(b)(2)(A), Dec. 8, 1993, 107 Stat. 2122; Pub. L. 104–295, § 21(b)(1), Oct. 11, 1996, 110 Stat. 3529.) Editorial Notes AMENDMENTS 1996—Pub. L. 104–295 amended directory language of Pub. L. 103–182. See 1993 Amendment note below. 1993—Pub. L. 103–182, as amended by Pub. L. 104–295, substituted ‘‘Trade Representative’’ for ‘‘Special Rep- resentative’’ wherever appearing. § 2554. Procedure after finding by international forum (a) In general If an appropriate international forum finds that a standards-related activity being engaged in within the United States conflicts with the obligations of the United States under the Agreement, the interagency trade organization established under section 1872(a) of this title shall review the finding and the matters related thereto with a view to recommending appro- priate action. (b) Cross reference For provisions of law regarding remedies avail- able to domestic persons alleging that standards ac- tivities engaged in by Parties to the Agreement (other than the United States) violate the obliga- tions of the Agreement, see section 2411 of this title. (Pub. L. 96–39, title IV, § 424, July 26, 1979, 93 Stat. 248.) SUBPART 2—OTHER PROCEEDINGS REGARDING CERTAIN STANDARDS-RELATED ACTIVITIES § 2561. Findings of reciprocity required in admin- istrative proceedings (a) In general Except as provided under subpart 1, no Federal agency may consider a complaint or petition against any standards-related activity regarding an imported product, if that activity is engaged in within the United States and is covered by the Agreement, unless the Trade Representative finds, and informs the agency concerned in writ- ing, that— (1) the country of origin of the imported product is a Party to the Agreement or a for- eign country described in section 2552(2) of this title; and (2) the dispute settlement procedures pro- vided under the Agreement are not appro- priate. (b) Exemptions This section does not apply with respect to causes of action arising under— (1) the antitrust laws as defined in section 12(a) of title 15; or (2) statutes administered by the Secretary of Agriculture. This section does not apply with respect to peti- tions and proceedings that are provided for under the practices of any Federal agency for the purpose of ensuring, in accordance with sec- tion 553 of title 5, that interested persons are given an opportunity to participate in agency rulemaking or to seek the issuance, amendment, or repeal of a rule. (Pub. L. 96–39, title IV, § 441, July 26, 1979, 93 Stat. 248; Pub. L. 103–182, title III, § 351(b)(2)(A), Dec. 8, 1993, 107 Stat. 2122; Pub. L. 104–295, § 21(b)(1), Oct. 11, 1996, 110 Stat. 3529.) Editorial Notes AMENDMENTS 1996—Pub. L. 104–295 amended directory language of Pub. L. 103–182. See 1993 Amendment note below. 1993—Subsec. (a). Pub. L. 103–182, as amended by Pub. L. 104–295, substituted ‘‘Trade Representative’’ for ‘‘Special Representative’’. § 2562. Consideration of standards-related activi- ties by an international forum No standards-related activity being engaged in within the United States may be stayed in any judicial or administrative proceeding on the basis that such activity is currently being con- sidered, pursuant to the Agreement, by an inter- national forum. (Pub. L. 96–39, title IV, § 442, July 26, 1979, 93 Stat. 248.) PART D—DEFINITIONS AND MISCELLANEOUS PROVISIONS § 2571. Definitions As used in this subchapter— (1) Agreement The term ‘‘Agreement’’ means the Agree- ment on Technical Barriers to Trade referred to in section 3511(d)(5) of this title. (2) Conformity assessment procedure The term ‘‘conformity assessment proce- dure’’ means any procedure used, directly or indirectly, to determine that relevant require- ments in technical regulations or standards are fulfilled. (3) Federal agency The term ‘‘Federal agency’’ means any of the following within the meaning of chapter 2 of part I of title 5: (A) Any executive department. (B) Any military department. (C) Any Government corporation. (D) Any Government-controlled corpora- tion. (E) Any independent establishment. (4) International conformity assessment proce- dure The term ‘‘international conformity assess- ment procedure’’ means a conformity assess- ment procedure that is adopted by an inter- national standards organization. (5) International standard The term ‘‘international standard’’ means any standard that is promulgated by an inter- national standards organization. Page 751 TITLE 19—CUSTOMS DUTIES § 2571 (6) International standards organization The term ‘‘international standards organiza- tion’’ means any organization— (A) the membership of which is open to representatives, whether public or private, of the United States and at least all Mem- bers; and (B) that is engaged in international stand- ards-related activities. (7) International standards-related activity The term ‘‘international standards-related activity’’ means the negotiation, development, or promulgation of, or any amendment or change to, an international standard, or an international conformity assessment proce- dure, or both. (8) Member The term ‘‘Member’’ means a WTO member as defined in section 3501(10) of this title. (9) Private person The term ‘‘private person’’ means— (A) any individual who is a citizen or na- tional of the United States; and (B) any corporation, partnership, associa- tion, or other legal entity organized or exist- ing under the law of any State, whether for profit or not for profit. (10) Product The term ‘‘product’’ means any natural or manufactured item. (11) Secretary concerned The term ‘‘Secretary concerned’’ means the Secretary of Commerce with respect to func- tions under this subchapter relating to non- agricultural products, and the Secretary of Agriculture with respect to functions under this subchapter relating to agricultural prod- ucts. (12) Trade Representative The term ‘‘Trade Representative’’ means the United States Trade Representative. (13) Standard The term ‘‘standard’’ means a document ap- proved by a recognized body, that provides, for common and repeated use, rules, guidelines, or characteristics for products or related proc- esses and production methods, with which compliance is not mandatory. Such term may also include or deal exclusively with termi- nology, symbols, packaging, marking, or la- beling requirements as they apply to a prod- uct, process, or production method. (14) Standards-related activity The term ‘‘standards-related activity’’ means the development, adoption, or applica- tion of any standard, technical regulation, or conformity assessment procedure. (15) State The term ‘‘State’’ means any of the several States, the District of Columbia, the Common- wealth of Puerto Rico, the Virgin Islands, American Samoa, Guam and any other Com- monwealth, territory, or possession of the United States. (16) State agency The term ‘‘State agency’’ means any depart- ment, agency, or other instrumentality of the government of any State or of any political subdivision of any State. (17) Technical regulation The term ‘‘technical regulation’’ means a document which lays down product character- istics or their related processes and produc- tion methods, including the applicable admin- istrative provisions, with which compliance is mandatory. Such term may also include or deal exclusively with terminology, symbols, packaging, marking, or labeling requirements as they apply to a product, process, or produc- tion method. (18) United States The term ‘‘United States’’, when used in a geographical context, means all States. (Pub. L. 96–39, title IV, § 451, July 26, 1979, 93 Stat. 249; Pub. L. 103–182, title III, § 351(b)(1), Dec. 8, 1993, 107 Stat. 2122; Pub. L. 103–465, title III, § 351(e), Dec. 8, 1994, 108 Stat. 4956; Pub. L. 104–295, § 20(c)(16), Oct. 11, 1996, 110 Stat. 3529.) Editorial Notes REFERENCES IN TEXT Chapter 2 of part I of title 5, referred to in par. (3), probably means chapter 1 of part I of title 5, which is classified to section 101 et seq. of Title 5, Government Organization and Employees, and which relates to or- ganization of agencies. AMENDMENTS 1996—Par. (6)(A). Pub. L. 104–295 substituted ‘‘; and’’ for period at end. 1994—Par. (1). Pub. L. 103–465, § 351(e)(1), amended par. (1) generally, substituting ‘‘referred to in section 3511(d)(5) of this title’’ for ‘‘approved under section 2503(a) of this title’’. Par. (2). Pub. L. 103–465, § 351(e)(2), amended heading and text of par. (2) generally. Prior to amendment, text read as follows: ‘‘The term ‘certification system’ means a system— ‘‘(A) for determining whether a product conforms with product standards applicable to that product; and ‘‘(B) if a product so conforms, for attesting, by means of a document, mark, or other appropriate evi- dence of conformity, to that conformity. Such term also includes any modification of, or change to, any such system.’’ Par. (4). Pub. L. 103–465, § 351(e)(3), substituted ‘‘con- formity assessment procedure’’ for ‘‘certification sys- tem’’ in two places. Par. (6)(A). Pub. L. 103–465, § 351(e)(4), amended sub- par. (A) generally. Prior to amendment, subpar. (A) read as follows: ‘‘the membership of which is open to representatives, whether public or private, of the United States and— ‘‘(i) all Parties to the Agreement, or ‘‘(ii) some but not all Parties of the Agreement; and’’. Par. (7). Pub. L. 103–465, § 351(e)(5), substituted ‘‘con- formity assessment procedure’’ for ‘‘certification sys- tem’’. Par. (8). Pub. L. 103–465, § 351(e)(6), amended heading and text of par. (8) generally. Prior to amendment, text read as follows: ‘‘The term ‘Party to the Agreement’ means any foreign country or instrumentality deter- mined by the President to have assumed, and to be ap- plying, the obligations of the Agreement with respect to the United States.’’ Par. (13). Pub. L. 103–465, § 351(e)(7), amended heading and text of par. (13) generally. Prior to amendment, text read as follows: ‘‘The term ‘standard’ means any of Page 752 TITLE 19—CUSTOMS DUTIES § 2572 the following, and any amendment or change to any of the following: ‘‘(A) The specification of the characteristics of a product, including, but not limited to, levels of qual- ity, performance, safety, or dimensions. ‘‘(B) Specifications relating to the terminology, symbols, testing and test methods, packaging, or marking or labeling requirements applicable to a product. ‘‘(C) Administrative procedures related to the ap- plication of any specification referred to in paragraph (A) or (B).’’ Par. (14). Pub. L. 103–465, § 351(e)(8), substituted ‘‘, technical regulation, or conformity assessment pro- cedure’’ for ‘‘or any certification system’’. Pars. (17), (18). Pub. L. 103–465, § 351(e)(9), added par. (17) and redesignated former par. (17) as (18). 1993—Par. (12). Pub. L. 103–182 amended par. (12) gen- erally. Prior to amendment, par. (12) read as follows: ‘‘(12) SPECIAL REPRESENTATIVE.—The term ‘Special Representative’ means the Special Representative for Trade Negotiations.’’ 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 352 of Pub. L. 103–465, set out as a note under section 2531 of this title. § 2572. Exemptions This subchapter does not apply to— (1) any standards activity engaged in by any Federal agency or State agency for the use (including, but not limited to, use with respect to research and development, production, or consumption) of that agency or the use of an- other such agency; or (2) any standards activity engaged in by any private person solely for use in the production or consumption of products by that person. (Pub. L. 96–39, title IV, § 452, July 26, 1979, 93 Stat. 250.) § 2573. Reports to Congress on operation of agreement As soon as practicable after the close of the 3- year period beginning on the date on which this subchapter takes effect, and as soon as prac- ticable after the close of each succeeding 3-year period through 2001, the Trade Representative shall prepare and submit to Congress a report containing an evaluation of the operation of the Agreement, both domestically and internation- ally, during the period. (Pub. L. 96–39, title IV, § 453, July 26, 1979, 93 Stat. 250; Pub. L. 103–182, title III, § 351(b)(2)(A), Dec. 8, 1993, 107 Stat. 2122; Pub. L. 103–465, title III, § 351(f), Dec. 8, 1994, 108 Stat. 4957; Pub. L. 104–295, § 21(b)(1), Oct. 11, 1996, 110 Stat. 3529.) Editorial Notes AMENDMENTS 1996—Pub. L. 104–295 amended directory language of Pub. L. 103–182. See 1993 Amendment note below. 1994—Pub. L. 103–465 inserted ‘‘through 2001’’ after ‘‘succeeding 3-year period’’. 1993—Pub. L. 103–182, as amended by Pub. L. 104–295, substituted ‘‘Trade Representative’’ for ‘‘Special Rep- resentative’’. 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 352 of Pub. L. 103–465, set out as a note under section 2531 of this title. PART E—STANDARDS AND MEASURES UNDER THE NORTH AMERICAN FREE TRADE AGREEMENT SUBPART 1—SANITARY AND PHYTOSANITARY MEASURES § 2575. General Nothing in this subpart may be construed— (1) to prohibit a Federal agency or State agency from engaging in activity related to sanitary or phytosanitary measures to protect human, animal, or plant life or health; or (2) to limit the authority of a Federal agen- cy or State agency to determine the level of protection of human, animal, or plant life or health the agency considers appropriate. (Pub. L. 96–39, title IV, § 461, as added Pub. L. 103–182, title III, § 351(a), Dec. 8, 1993, 107 Stat. 2118.) § 2575a. Inquiry point The standards information center maintained under section 2544 of this title shall, in addition to the functions specified therein, make avail- able to the public relevant documents, at such reasonable fees as the Secretary of Commerce may prescribe, and information regarding— (1) any sanitary or phytosanitary measure of general application, including any control or inspection procedure or approval procedure proposed, adopted, or maintained by a Federal or State agency; (2) the procedures of a Federal or State agency for risk assessment, and factors the agency considers in conducting the assessment and in establishing the levels of protection that the agency considers appropriate; (3) the membership and participation of the Federal Government and State governments in international and regional sanitary and phytosanitary organizations and systems, and in bilateral and multilateral arrangements re- garding sanitary and phytosanitary measures, and the provisions of those systems and ar- rangements; and (4) the location of notices of the type re- quired under article 719 of the NAFTA, or where the information contained in such no- tices can be obtained. (Pub. L. 96–39, title IV, § 462, as added Pub. L. 103–182, title III, § 351(a), Dec. 8, 1993, 107 Stat. 2118.) § 2575b. Subpart definitions Notwithstanding section 2571 of this title, for purposes of this subpart— (1) Animal The term ‘‘animal’’ includes fish, bees, and wild fauna. (2) Approval procedure The term ‘‘approval procedure’’ means any registration, notification, or other mandatory administrative procedure for—