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7 U.S. Code § 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 defined in section 1471(2) of this title and insects), and any product thereof.
(2) Developing countryThe term “developing country” means a country that—
(A)
has a shortage of foreign exchange earnings and has difficulty accessing sufficient commercial credit to meet all of its food needs, as determined by the Secretary; and
(B)
has the potential to become a commercial market for agricultural commodities.
(3) Secretary
The term “Secretary” means the Secretary of Agriculture.
(4) Service
The term “Service” means the Foreign Agricultural Service of the Department of Agriculture.
(5) Unfair trade practice
(A) In generalSubject to subparagraph (B), the term “unfair 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, implements a pricing practice that is inconsistent 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 requirement) that adversely affects a new technology (including biotechnology); and
(II)
an unjustified sanitary or phytosanitary restriction (including any restriction that, in violation of the Uruguay Round Agreements, is not based on scientific principles; [1]
(v)
imposes a rule that unfairly restricts imports of United States agricultural commodities 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 determination regarding an unfair trade practice that is inconsistent with section 2411 of title 19.