
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 7USC5602]

 
                          TITLE 7--AGRICULTURE
 
                      CHAPTER 87--EXPORT PROMOTION
 
                    SUBCHAPTER I--GENERAL PROVISIONS
 
Sec. 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 country

        The 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 general

            Subject 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; 
            or
                (ii) is unjustifiable, unreasonable, or discriminatory 
            and burdens or restricts United States commerce.

        (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.

                          (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 commodity'' means--
            (A) an agricultural commodity or product entirely produced 
        in the United States; or
            (B) a product of an agricultural commodity--
                (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 harvested by a documented fishing vessel as 
    defined 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, Sec. 102, as added Pub. L. 101-624, title XV, 
Sec. 1531, Nov. 28, 1990, 104 Stat. 3669; amended Pub. L. 102-511, title 
VII, Sec. 702, Oct. 24, 1992, 106 Stat. 3349; Pub. L. 104-127, title II, 
Sec. 243(c), Apr. 4, 1996, 110 Stat. 967.)


                               Amendments

    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 commodity--
        ``(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 designate that 
    contains any agricultural component that is not entirely produced in 
    the United States if--
            ``(I) such component is an added, de minimis component,
            ``(II) such component is not commercially produced 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, Sec. 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, Sec. 702(b), added par. (8).

                  Section Referred to in Other Sections

    This section is referred to in sections 1736o, 3293 of this title; 
title 22 section 7201.
