19 U.S.C. § 4210 — Definitions
submitted 11 years ago by Pub. L. 114-26 to r/title-19-CUSTOMS-DUTIES · 1,034 words · no verdicts yet
This section defines terms used in this chapter, including trade agreements, labor standards, environmental laws, and WTO terms. It also defines “United States person” and “import sensitive agricultural product.” The section states these rules.
In this chapter:
(1) “Agreement on Agriculture” means the agreement referred to in section 3511(d)(2) of this title.
(2) “Agreement on Safeguards” means the agreement referred to in section 3511(d)(13) of this title.
(3) “Agreement on Subsidies and Countervailing Measures” means the agreement referred to in section 3511(d)(12) of this title.
(4) “Antidumping Agreement” means the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 referred to in section 3511(d)(7) of this title.
(5) “Appellate Body” means the body established under Article 17.1 of the Dispute Settlement Understanding.
(6)(A) “Common multilateral environmental agreement” means an agreement listed in (B), or added under (C), to which the United States and at least one other negotiation party are full parties. It includes current or future mutually agreed protocols, amendments, annexes, and adjustments. (B) The listed agreements are: (i) the Convention on International Trade in Endangered Species of Wild Fauna and Flora, done at Washington on March 3, 1973; (ii) the Montreal Protocol on Substances that Deplete the Ozone Layer, done at Montreal on September 16, 1987; (iii) the 1978 Protocol relating to the International Convention for the Prevention of Pollution from Ships, 1973, done at London on February 17, 1978; (iv) the Convention on Wetlands of International Importance Especially as Waterfowl Habitat, done at Ramsar on February 2, 1971; (v) the Convention on the Conservation of Antarctic Marine Living Resources, done at Canberra on May 20, 1980; (vi) the International Convention for the Regulation of Whaling, done at Washington on December 2, 1946; and (vii) the Convention for the Establishment of an Inter-American Tropical Tuna Commission, done at Washington on May 31, 1949. (C) The United States and at least one other negotiation party may agree to add another multilateral environmental or conservation agreement to which they are full parties.
(7) “Core labor standards” means: (A) freedom of association; (B) effective recognition of the right to bargain collectively; (C) elimination of forced or compulsory labor; (D) effective abolition of child labor and prohibition of its worst forms; and (E) elimination of employment and occupational discrimination.
(8) “Dispute Settlement Understanding” means the Understanding on Rules and Procedures Governing the Settlement of Disputes referred to in section 3511(d)(16) of this title.
(9) “Enabling Clause” means the Decision on Differential and More Favourable Treatment, Reciprocity and Fuller Participation of Developing Countries (L/4903), adopted November 28, 1979, under GATT 1947, as defined in section 3501.
(10) “Environmental laws,” for United States laws, means environmental statutes and regulations that the Federal Government can enforce through an action.
(11) “GATT 1994” has the meaning given in section 3501.
(12) “General Agreement on Trade in Services” means the agreement referred to in section 3511(d)(14).
(13) “Government Procurement Agreement” means the Agreement on Government Procurement referred to in section 3511(d)(17).
(14) “ILO” means the International Labor Organization.
(15) “Import sensitive agricultural product” means an agricultural product that either: (A) had its United States duty reduced because of the Uruguay Round Agreements and, on January 1, 1995, had a duty at least 97.5 percent of the duty that applied on December 31, 1994; or (B) was subject to a tariff-rate quota on June 29, 2015.
(16) “Information Technology Agreement” means the WTO Ministerial Declaration on Trade in Information Technology Products agreed to at Singapore on December 13, 1996.
(17) “Internationally recognized core labor standards” means only the core labor standards stated in the ILO Declaration on Fundamental Principles and Rights at Work and its Follow-Up (1998).
(18) “Labor laws” means a negotiation party’s statutes, regulations, or provisions directly related to core labor standards, other protections for children and minors, and acceptable minimum wages, work hours, and occupational safety and health. For the United States, this includes Federal statutes and regulations covering those matters, but not State or local labor laws.
(19) “United States person” means: (A) a United States citizen; (B) a partnership, corporation, or other legal entity organized under United States law; or (C) a partnership, corporation, or other legal entity organized under foreign law and controlled by entities described in (B), United States citizens, or both.
(20) “Uruguay Round Agreements” has the meaning given in section 3501(7).
(21) “World Trade Organization” and “WTO” mean the organization established under the WTO Agreement.
(22) “WTO Agreement” means the Agreement Establishing the World Trade Organization entered into on April 15, 1994.
(23) “WTO member” has the meaning given in section 3501(10).
In this chapter:
The term “Agreement on Agriculture” means the agreement referred to in section 3511(d)(2) of this title.
The term “Agreement on Safeguards” means the agreement referred to in section 3511(d)(13) of this title.
The term “Agreement on Subsidies and Countervailing Measures” means the agreement referred to in section 3511(d)(12) of this title.
The term “Antidumping Agreement” means the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 referred to in section 3511(d)(7) of this title.
The term “Appellate Body” means the Appellate Body established under Article 17.1 of the Dispute Settlement Understanding.
The term “common multilateral environmental agreement” means any agreement specified in subparagraph (B) or included under subparagraph (C) to which both the United States and one or more other parties to the negotiations are full parties, including any current or future mutually agreed upon protocols, amendments, annexes, or adjustments to such an agreement.
The agreements specified in this subparagraph are the following:
The Convention on International Trade in Endangered Species of Wild Fauna and Flora, done at Washington March 3, 1973 (27 UST 1087; TIAS 8249).
The Montreal Protocol on Substances that Deplete the Ozone Layer, done at Montreal September 16, 1987.
The Protocol of 1978 Relating to the International Convention for the Prevention of Pollution from Ships, 1973, done at London February 17, 1978.
The Convention on Wetlands of International Importance Especially as Waterfowl Habitat, done at Ramsar February 2, 1971 (TIAS 11084).
The Convention on the Conservation of Antarctic Marine Living Resources, done at Canberra May 20, 1980 (33 UST 3476).
The International Convention for the Regulation of Whaling, done at Washington December 2, 1946 (62 Stat. 1716).
The Convention for the Establishment of an Inter-American Tropical Tuna Commission, done at Washington May 31, 1949 (1 UST 230).
Both the United States and one or more other parties to the negotiations may agree to include any other multilateral environmental or conservation agreement to which they are full parties as a common multilateral environmental agreement under this paragraph.
The term “core labor standards” means—
freedom of association;
the effective recognition of the right to collective bargaining;
the elimination of all forms of forced or compulsory labor;
the effective abolition of child labor and a prohibition on the worst forms of child labor; and
the elimination of discrimination in respect of employment and occupation.
The term “Dispute Settlement Understanding” means the Understanding on Rules and Procedures Governing the Settlement of Disputes referred to in section 3511(d)(16) of this title.
The term “Enabling Clause” means the Decision on Differential and More Favourable Treatment, Reciprocity and Fuller Participation of Developing Countries (L/4903), adopted November 28, 1979, under GATT 1947 (as defined in section 3501 of this title).
The term “environmental laws”, with respect to the laws of the United States, means environmental statutes and regulations enforceable by action of the Federal Government.
The term “General Agreement on Trade in Services” means the General Agreement on Trade in Services (referred to in section 3511(d)(14) of this title).
The term “Government Procurement Agreement” means the Agreement on Government Procurement referred to in section 3511(d)(17) of this title.
The term “ILO” means the International Labor Organization.
The term “import sensitive agricultural product” means an agricultural product—
with respect to which, as a result of the Uruguay Round Agreements, the rate of duty was the subject of tariff reductions by the United States and, pursuant to such Agreements, was reduced on January 1, 1995, to a rate that was not less than 97.5 percent of the rate of duty that applied to such article on December 31, 1994; or
which was subject to a tariff rate quota on June 29, 2015.
The term “Information Technology Agreement” means the Ministerial Declaration on Trade in Information Technology Products of the World Trade Organization, agreed to at Singapore December 13, 1996.
The term “internationally recognized core labor standards” means the core labor standards only as stated in the ILO Declaration on Fundamental Principles and Rights at Work and its Follow-Up (1998).
The term “labor laws” means the statutes and regulations, or provisions thereof, of a party to the negotiations that are directly related to core labor standards as well as other labor protections for children and minors and acceptable conditions of work with respect to minimum wages, hours of work, and occupational safety and health, and for the United States, includes Federal statutes and regulations addressing those standards, protections, or conditions, but does not include State or local labor laws.
The term “United States person” means—
a United States citizen;
a partnership, corporation, or other legal entity that is organized under the laws of the United States; and
a partnership, corporation, or other legal entity that is organized under the laws of a foreign country and is controlled by entities described in subparagraph (B) or United States citizens, or both.
The term “Uruguay Round Agreements” has the meaning given that term in section 3501(7) of this title.
The terms “World Trade Organization” and “WTO” mean the organization established pursuant to the WTO Agreement.
The term “WTO Agreement” means the Agreement Establishing the World Trade Organization entered into on April 15, 1994.
The term “WTO member” has the meaning given that term in section 3501(10) of this title.
Source credit: (Pub. L. 114–26, title I, § 111, June 29, 2015, 129 Stat. 358.)
- 2015Enacted · Pub. L. 114-26 · 129 Stat. 358
A history note hasn’t been published yet. The record shows enactment by Pub. L. 114-26 on 2015-06-29.
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