                        TITLE 19--CUSTOMS DUTIES
 
                CHAPTER 13--TRADE AGREEMENTS ACT OF 1979
 
         SUBCHAPTER II--TECHNICAL BARRIERS TO TRADE (STANDARDS)
 
            Part D--Definitions and Miscellaneous Provisions
 
Sec. 2571. Definitions

    As used in this subchapter--

                            (1) Agreement

        The term ``Agreement'' means the Agreement on Technical Barriers 
    to Trade referred to in section 3511(d)(5) of this title.

                 (2) Conformity assessment procedure

        The term ``conformity assessment procedure'' means any procedure 
    used, directly or indirectly, to determine that relevant 
    requirements 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 corporation.
            (E) Any independent establishment.

          (4) International conformity assessment procedure

        The term ``international conformity assessment procedure'' means 
    a conformity assessment procedure that is adopted by an 
    international standards organization.

                     (5) International standard

        The term ``international standard'' means any standard that is 
    promulgated by an international standards organization.

              (6) International standards organization

        The term ``international standards organization'' means any 
    organization--
            (A) the membership of which is open to representatives, 
        whether public or private, of the United States and at least all 
        Members; and
            (B) that is engaged in international standards-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 procedure, 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 national of the 
        United States; and
            (B) any corporation, partnership, association, or other 
        legal entity organized or existing 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 functions under this subchapter relating to 
    nonagricultural products, and the Secretary of Agriculture with 
    respect to functions under this subchapter relating to agricultural 
    products.

                      (12) Trade Representative

        The term ``Trade Representative'' means the United States Trade 
    Representative.

                            (13) Standard

        The term ``standard'' means a document approved by a recognized 
    body, that provides, for common and repeated use, rules, guidelines, 
    or characteristics for products or related processes and production 
    methods, with which compliance is not 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 production method.

                   (14) Standards-related activity

        The term ``standards-related activity'' means the development, 
    adoption, or application 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 Commonwealth of Puerto Rico, the Virgin Islands, 
    American Samoa, Guam and any other Commonwealth, territory, or 
    possession of the United States.

                          (16) State agency

        The term ``State agency'' means any department, 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 characteristics or their related processes and 
    production methods, including the applicable administrative 
    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 production method.

                         (18) United States

        The term ``United States'', when used in a geographical context, 
    means all States.

(Pub. L. 96-39, title IV, Sec. 451, July 26, 1979, 93 Stat. 249; Pub. L. 
103-182, title III, Sec. 351(b)(1), Dec. 8, 1993, 107 Stat. 2122; Pub. 
L. 103-465, title III, Sec. 351(e), Dec. 8, 1994, 108 Stat. 4956; Pub. 
L. 104-295, Sec. 20(c)(16), Oct. 11, 1996, 110 Stat. 3529.)

                       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 organization of agencies.


                               Amendments

    1996--Par. (6)(A). Pub. L. 104-295 substituted ``; and'' for period 
at end.
    1994--Par. (1). Pub. L. 103-465, Sec. 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, Sec. 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 evidence of conformity, to that 
    conformity.
Such term also includes any modification of, or change to, any such 
system.''
    Par. (4). Pub. L. 103-465, Sec. 351(e)(3), substituted ``conformity 
assessment procedure'' for ``certification system'' in two places.
    Par. (6)(A). Pub. L. 103-465, Sec. 351(e)(4), amended subpar. (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, Sec. 351(e)(5), substituted ``conformity 
assessment procedure'' for ``certification system''.
    Par. (8). Pub. L. 103-465, Sec. 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 determined by the President to have assumed, and to be 
applying, the obligations of the Agreement with respect to the United 
States.''
    Par. (13). Pub. L. 103-465, Sec. 351(e)(7), amended heading and text 
of par. (13) generally. Prior to amendment, text read as follows: ``The 
term `standard' means any of 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 quality, 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 application of 
    any specification referred to in paragraph (A) or (B).''
    Par. (14). Pub. L. 103-465, Sec. 351(e)(8), substituted ``, 
technical regulation, or conformity assessment procedure'' for ``or any 
certification system''.
    Pars. (17), (18). Pub. L. 103-465, Sec. 351(e)(9), added par. (17) 
and redesignated former par. (17) as (18).
    1993--Par. (12). Pub. L. 103-182 amended par. (12) generally. Prior 
to amendment, par. (12) read as follows:
    ``(12) Special representative.--The term `Special Representative' 
means the Special Representative for Trade Negotiations.''


                    Effective Date of 1994 Amendment

    Amendment by Pub. L. 103-465 effective on the date on which the WTO 
Agreement enters into force with respect 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.

                  Section Referred to in Other Sections

    This section is referred to in sections 2532, 2575b, 2576b, 2577 of 
this title.
