r/title-19-CUSTOMS-DUTIES wiki — defined terms

“contributed importantly” applies throughout its part

The term “contributed importantly” means a cause which is important but not necessarily more important than any other cause. (B) (i) Any firm which engages in exploration or drilling for oil or natural gas shall be considered to be a firm producing oil or natural gas. (ii) Any firm that engages in exploration or drilling for oil or natural gas, or otherwise produces oil or natural gas, shall be considered to be producing articles directly competitive with imports of oil and with imports of natural gas.

“firm” applies throughout its part

the term “firm” includes an individual proprietorship, partnership, joint venture, association, corporation (including a development corporation), business trust, cooperative, trustee in bankruptcy, and receiver under decree of any court. A firm, together with any predecessor or successor firm, or any affiliated firm controlled or substantially beneficially owned by substantially the same persons, may be considered a single firm where necessary to prevent unjustifiable benefits.

“eligible institution” applies in that section

The term “eligible institution” means an institution of higher education (as defined in section 1002 of title 20 ), but only with respect to a program offered by the institution that can be completed in not more than 2 years. (2) Secretary

“Secretary” applies in that section

The term “Secretary” means the Secretary of Labor. (c) Grant proposals (1) In general An eligible institution seeking to receive a grant under this section shall submit a grant proposal to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (2) Guidelines Not later than June 1, 2009 , the Secretary shall— (A) promulgate guidelines for the submission of grant proposals under this section; and (B) publish and maintain such guidelines on the website of the Department of Labor. (3) Assistance The Secretary shall offer assistance in preparing a grant proposal to any eligible institution that requests such assistance.

“agricultural commodity” applies throughout its part

The term “agricultural commodity” means any agricultural commodity (including livestock) in its raw or natural state. (2) Agricultural commodity producer

“agricultural commodity producer” applies throughout its part

The term “agricultural commodity producer” has the same meaning as the term “person” as prescribed by regulations promulgated under section 1308(e) of title 7 (before the amendment made by section 1703(a) 1 of the Food, Conservation, and Energy Act of 2008). (3) Contributed importantly (A) In general

“contributed importantly” applies throughout its part

The term “contributed importantly” means a cause which is important but not necessarily more important than any other cause. (B) Determination of contributed importantly The determination of whether imports of articles like or directly competitive with an agricultural commodity with respect to which a petition under this part was filed contributed importantly to a decline in the price of the agricultural commodity shall be made by the Secretary. (4) Duly authorized representative

“duly authorized representative” applies throughout its part

The term “duly authorized representative” means an association of agricultural commodity producers. (5) National average price

“national average price” applies throughout its part

The term “national average price” means the national average price paid to an agricultural commodity producer for an agricultural commodity in a marketing year as determined by the Secretary. (6) Secretary

“Secretary” applies throughout its part

The term “Secretary” means the Secretary of Agriculture.

“adjusted gross income” applies in that section

The term “adjusted gross income” means adjusted gross income of an agricultural commodity producer— (I) as defined in section 62 of title 26 and implemented in accordance with procedures established by the Secretary; and (II) that is earned directly or indirectly from all agricultural and nonagricultural sources of an individual or entity for a fiscal or corresponding crop year. (ii) Average adjusted gross income (I) In general

“average adjusted gross income” applies in that section

The term “average adjusted gross income” means the average adjusted gross income of a producer for each of the 3 preceding taxable years. (II) Effective adjusted gross income In the case of a producer that does not have an adjusted gross income for each of the 3 preceding taxable years, the Secretary shall establish rules that provide the producer with an effective adjusted gross income for the applicable year.

“commerce” applies throughout its subchapter

The term “commerce” includes, but is not limited to— (A) services (including transfers of information) associated with international trade, whether or not such services are related to specific goods, and (B) foreign direct investment by United States persons with implications for trade in goods or services. (2) An act, policy, or practice of a foreign country that burdens or restricts United States commerce may include the provision, directly or indirectly, by that foreign country of subsidies for the construction of vessels used in the commercial transportation by water of goods between foreign countries and the United States.

“export targeting” applies throughout its subchapter

The term “export targeting” means any government plan or scheme consisting of a combination of coordinated actions (whether carried out severally or jointly) that are bestowed on a specific enterprise, industry, or group thereof, the effect of which is to assist the enterprise, industry, or group to become more competitive in the export of a class or kind of merchandise.

“foreign country” applies throughout its subchapter

The term “foreign country” includes any foreign instrumentality. Any possession or territory of a foreign country that is administered separately for customs purposes shall be treated as a separate foreign country.;

“service sector access authorization” applies throughout its subchapter

The term “service sector access authorization” means any license, permit, order, or other authorization, issued under the authority of Federal law, that permits a foreign supplier of services access to the United States market in a service sector concerned.;

“Trade Representative” applies throughout its subchapter

The term “Trade Representative” means the United States Trade Representative. (9) The term “interested persons”, only for purposes of sections 2412(a)(4)(B), 2414(b)(1)(A), 2416(c)(2), 1 and 2417(a)(2) of this title, includes, but is not limited to, domestic firms and workers, representatives of consumer interests, United States product exporters, and any industrial user of any goods or services that may be affected by actions taken under subsection (a) or (b).

“retaliation list” applies in that section

The term “retaliation list” means the list of products of a foreign country or countries that have failed to comply with the report of the panel or Appellate Body of the WTO and with respect to which the Trade Representative is imposing duties above the level that would otherwise be imposed under the Harmonized Tariff Schedule of the United States.

“WTO” applies in that section

The term “WTO” means the World Trade Organization. (2) WTO agreement

“WTO Agreement” applies in that section

The term “WTO Agreement” has the meaning given that term in section 3501(9) of this title . (3) WTO agreements

“WTO Agreements” applies in that section

The term “WTO Agreements” means the WTO Agreement and agreements annexed to that Agreement.

“Communist country” applies in that section

The term “Communist country” means any country dominated or controlled by communism. (2) (A) Market disruption exists within a domestic industry whenever imports of an article, like or directly competitive with an article produced by such domestic industry, are increasing rapidly, either absolutely or relatively, so as to be a significant cause of material injury, or threat thereof, to such domestic industry. (B) For purposes of subparagraph (A): (i) Imports of an article shall be considered to be increasing rapidly if there has been a significant increase in such imports (either actual or relative to domestic production) during a recent period of time.

“beneficiary sub-Saharan African countries” applies throughout its subchapter

the terms “beneficiary sub-Saharan African country” and “beneficiary sub-Saharan African countries” mean a country or countries listed in section 107 of the African Growth and Opportunity Act [ 19 U.S.C. 3706 ] that the President has determined is eligible under subsection (a) of this section.;

“beneficiary sub-Saharan African country” applies throughout its subchapter

the terms “beneficiary sub-Saharan African country” and “beneficiary sub-Saharan African countries” mean a country or countries listed in section 107 of the African Growth and Opportunity Act [ 19 U.S.C. 3706 ] that the President has determined is eligible under subsection (a) of this section.;

“former beneficiary sub-Saharan African country” applies throughout its subchapter

the term “former beneficiary sub-Saharan African country” means a country that, after being designated as a beneficiary sub-Saharan African country under the African Growth and Opportunity Act [ 19 U.S.C. 3701 et seq.], ceased to be designated as such a country by reason of its entering into a free trade agreement with the United States.

“beneficiary developing country” applies throughout its subchapter

The term “beneficiary developing country” means any country with respect to which there is in effect an Executive order or Presidential proclamation by the President designating such country as a beneficiary developing country for purposes of this subchapter. (2) Country

“country” applies throughout its subchapter

The term “country” means any foreign country or territory, including any overseas dependent territory or possession of a foreign country, or the Trust Territory of the Pacific Islands. In the case of an association of countries which is a free trade area or customs union, or which is contributing to comprehensive regional economic integration among its members through appropriate means, including, but not limited to, the reduction of duties, the President may by Executive order or Presidential proclamation provide that all members of such association other than members which are barred from designation under section 2462(b) of this title shall be treated as one country for purposes of this …

“entered” applies throughout its subchapter

The term “entered” means entered, or withdrawn from warehouse for consumption, in the customs territory of the United States. (4) Internationally recognized worker rights

“internationally recognized worker rights” applies throughout its subchapter

The term “internationally recognized worker rights” includes— (A) the right of association; (B) the right to organize and bargain collectively; (C) a prohibition on the use of any form of forced or compulsory labor; (D) a minimum age for the employment of children, and a prohibition on the worst forms of child labor, as defined in paragraph (6); and (E) acceptable conditions of work with respect to minimum wages, hours of work, and occupational safety and health. (5) Least-developed beneficiary developing country

“least-developed beneficiary developing country” applies throughout its subchapter

The term “least-developed beneficiary developing country” means a beneficiary developing country that is designated as a least-developed beneficiary developing country under section 2462(a)(2) of this title . (6) Worst forms of child labor

“worst forms of child labor” applies throughout its subchapter

The term “worst forms of child labor” means— (A) all forms of slavery or practices similar to slavery, such as the sale or trafficking of children, debt bondage and serfdom, or forced or compulsory labor, including forced or compulsory recruitment of children for use in armed conflict; (B) the use, procuring, or offering of a child for prostitution, for the production of pornography or for pornographic purposes; (C) the use, procuring, or offering of a child for illicit activities in particular for the production and trafficking of drugs; and (D) work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety, or morals of children.

“ad valorem” applies throughout its chapter

The term “ad valorem” includes ad valorem equivalent. Whenever any limitation on the amount by which or to which any rate of duty may be decreased or increased pursuant to a trade agreement is expressed in terms of an ad valorem percentage, the ad valorem amount taken into account for purposes of such limitation shall be determined by the President on the basis of the value of imports of the articles concerned during the most recent representative period.;

“ad valorem equivalent” applies throughout its chapter

The term “ad valorem equivalent” means the ad valorem equivalent of a specific rate or, in the case of a combination of rates including a specific rate, the sum of the ad valorem equivalent of the specific rate and of the ad valorem rate. The ad valorem equivalent shall be determined by the President on the basis of the value of imports of the article concerned during the most recent representative period.

“commerce” applies in that section

The term “commerce” includes services associated with international trade.

“duty” applies throughout its chapter

The term “duty” includes the rate and form of any import duty, including but not limited to tariff-rate quotas.;

“existing” applies in that section

The term “existing” means (A) when used, without the specification of any date, with respect to any matter relating to entering into or carrying out a trade agreement or other action authorized by this chapter, existing on the day on which such trade agreement is entered into or such other action is taken; and (B) when used with respect to a rate of duty, the nonpreferential rate of duty (however established, and even though temporarily suspended by Act of Congress or otherwise) set forth in rate column numbered 1 of chapters 1 through 97 of the Harmonized Tariff Schedule of the United States on the date specified or (if no date is specified) on the day referred to in clause (A).

“nondiscriminatory treatment” applies in that section

The term “nondiscriminatory treatment” means trade treatment based on normal trade relations (known under international law as most-favored-nation treatment).;

“other import restriction” applies throughout its chapter

The term “other import restriction” includes a limitation, prohibition, charge, or exaction other than duty, imposed on importation or imposed for the regulation of importation. The term does not include any orderly marketing agreement.;

“major drug producing country” applies throughout its subchapter

the term “major drug producing country” means a country that illicitly produces during a fiscal year 5 metric tons or more of opium or opium derivative, 500 metric tons or more of coca, or 500 metric tons or more of marijuana;

“major drug-transit country” applies throughout its subchapter

the term “major drug-transit country” means a country— (A) that is a significant direct source of illicit narcotic or psychotropic drugs or other controlled substances significantly affecting the United States; (B) through which are transported such drugs or substances; or (C) through which significant sums of drug-related profits or monies are laundered with the knowledge or complicity of the government; and;

“narcotic and psychotropic drugs and other controlled substances” applies throughout its subchapter

the term “narcotic and psychotropic drugs and other controlled substances” has the same meaning as is given by any applicable international narcotics control agreement or domestic law of the country or countries concerned.

“actual production history yield” applies in that section

The term “actual production history yield” means the weighted average of the actual production history for each insurable commodity or noninsurable commodity, as calculated under the Federal Crop Insurance Act ( 7 U.S.C. 1501 et seq.) or the noninsured crop disaster assistance program, respectively. (2) Actual production on the farm

“actual production on the farm” applies in that section

The term “actual production on the farm” means the sum of the value of all crops produced on the farm, as determined under subsection (b)(6)(B). (3) Adjusted actual production history yield

“adjusted actual production history yield” applies in that section

The term “adjusted actual production history yield” means— (A) in the case of an eligible producer on a farm that has at least 4 years of actual production history yields for an insurable commodity that are established other than pursuant to section 508(g)(4)(B) of the Federal Crop Insurance Act ( 7 U.S.C. 1508(g)(4)(B) ), the actual production history for the eligible producer without regard to any yields established under that section; (B) in the case of an eligible producer on a farm that has less than 4 years of actual production history yields for an insurable commodity, of which 1 or more were established pursuant to section 508(g)(4)(B) of that Act [ 7 U.S.C.

“adjusted noninsured crop disaster assistance program yield” applies in that section

The term “adjusted noninsured crop disaster assistance program yield” means— (A) in the case of an eligible producer on a farm that has at least 4 years of production history under the noninsured crop disaster assistance program that are not replacement yields, the noninsured crop disaster assistance program yield without regard to any replacement yields; (B) in the case of an eligible producer on a farm that has less than 4 years of production history under the noninsured crop disaster assistance program that are not replacement yields, the noninsured crop disaster assistance program yield as calculated without including the lowest of the replacement yields; and (C) in all other cases, the …

“counter-cyclical program payment yield” applies in that section

The term “counter-cyclical program payment yield” means the weighted average payment yield established under under— 1 (i) section 7912 or 7952 of title 7; (ii) section 1102 or 1301(6) of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 8712 , 8751(6)); or (iii) a successor section. (6) Crop of economic significance The term “crop of economic significance” shall have the uniform meaning given the term by the Secretary for purposes of subsections (b)(1)(B) and (g)(6). (7) Disaster county (A) In general

“covered livestock” applies in that section

The term “covered livestock” means livestock of an eligible livestock producer that, during the 60 days prior to the beginning date of a qualifying drought or fire condition, as determined by the Secretary, the eligible livestock producer— (I) owned; (II) leased; (III) purchased; (IV) entered into a contract to purchase; (V) is 1 a contract grower; or (VI) sold or otherwise disposed of due to qualifying drought conditions during— (aa) the current production year; or (bb) subject to paragraph (3)(B)(ii), 1 or both of the 2 production years immediately preceding the current production year.

“disaster county” applies in that section

The term “disaster county” means a county included in the geographic area covered by a qualifying natural disaster declaration. (B) Inclusion

“drought monitor” applies in that section

The term “drought monitor” means a system for classifying drought severity according to a range of abnormally dry to exceptional drought, as defined by the Secretary. (C) Eligible livestock producer (i) In general

“eligible livestock producer” applies in that section

The term “eligible livestock producer” means an eligible producer on a farm that— (I) is an owner, cash or share lessee, or contract grower of covered livestock that provides the pastureland or grazing land, including cash-leased pastureland or grazing land, for the livestock; (II) provides the pastureland or grazing land for covered livestock, including cash-leased pastureland or grazing land that is physically located in a county affected by drought; (III) certifies grazing loss; and (IV) meets all other eligibility requirements established under this subsection.

“eligible orchardist” applies in that section

The term “eligible orchardist” means a person that produces annual crops from trees for commercial purposes. (B) Natural disaster

“eligible producer on a farm” applies in that section

The term “eligible producer on a farm” means an individual or entity described in subparagraph (B) that, as determined by the Secretary, assumes the production and market risks associated with the agricultural production of crops or livestock. (B) Description An individual or entity referred to in subparagraph (A) is— (i) a citizen of the United States; (ii) a resident alien; (iii) a partnership of citizens of the United States; or (iv) a corporation, limited liability corporation, or other farm organizational structure organized under State law. (9) Farm (A) In general

“farm” applies in that section

The term “farm” means, in relation to an eligible producer on a farm, the sum of all crop acreage in all counties that is planted or intended to be planted for harvest for sale or on-farm livestock feeding (including native grassland intended for haying) by the eligible producer. (B) Aquaculture In the case of aquaculture,

“farm-raised fish” applies in that section

The term “farm-raised fish” means any aquatic species that is propagated and reared in a controlled environment. (11) Insurable commodity

“insurable commodity” applies in that section

The term “insurable commodity” means an agricultural commodity (excluding livestock) for which the producer on a farm is eligible to obtain a policy or plan of insurance under the Federal Crop Insurance Act ( 7 U.S.C. 1501 et seq.). (12) Livestock

“legal entity” applies in that section

the terms “legal entity” and “person” have the meaning given those terms in section 1001(a) of the Food Security Act of 1985 ( 7 U.S.C. 1308(a) 5 (as amended by section 1603 of the Food, Conservation, and Energy Act of 2008). (B) Amount The total amount of payments received, directly or indirectly, by a person or legal entity (excluding a joint venture or general partnership) under this subsection may not exceed $100,000 for any crop year, or an equivalent value in tree seedlings. (C) Acres The total quantity of acres planted to trees or tree seedlings for which a person or legal entity shall be entitled to receive payments under this subsection may not exceed 500 acres.

“livestock” applies in that section

The term “livestock” includes— (A) cattle (including dairy cattle); (B) bison; (C) poultry; (D) sheep; (E) swine; (F) horses; and (G) other livestock, as determined by the Secretary. (13) Noninsurable commodity

“natural disaster” applies in that section

The term “natural disaster” means plant disease, insect infestation, drought, fire, freeze, flood, earthquake, lightning, or other occurrence, as determined by the Secretary. (C) Nursery tree grower

“noninsurable commodity” applies in that section

The term “noninsurable commodity” means a crop for which the eligible producers on a farm are eligible to obtain assistance under the noninsured crop assistance program. (14) Noninsured crop assistance program

“noninsured crop assistance program” applies in that section

The term “noninsured crop assistance program” means the program carried out under section 7333 of title 7 . (15) Normal production on the farm

“normal production on the farm” applies in that section

The term “normal production on the farm” means the sum of the expected revenue for all crops on the farm, as determined under subsection (b)(6)(A). (16) Qualifying natural disaster declaration

“nursery tree grower” applies in that section

The term “nursery tree grower” means a person who produces nursery, ornamental, fruit, nut, or Christmas trees for commercial sale, as determined by the Secretary. (D) Tree

“person” applies in that section

the terms “legal entity” and “person” have the meaning given those terms in section 1001(a) of the Food Security Act of 1985 ( 7 U.S.C. 1308(a) 5 (as amended by section 1603 of the Food, Conservation, and Energy Act of 2008). (B) Amount The total amount of payments received, directly or indirectly, by a person or legal entity (excluding a joint venture or general partnership) under this subsection may not exceed $100,000 for any crop year, or an equivalent value in tree seedlings. (C) Acres The total quantity of acres planted to trees or tree seedlings for which a person or legal entity shall be entitled to receive payments under this subsection may not exceed 500 acres.

“qualifying natural disaster declaration” applies in that section

The term “qualifying natural disaster declaration” means a natural disaster declared by the Secretary for production losses under section 1961(a) of title 7 . (17) Secretary

“Secretary” applies in that section

The term “Secretary” means the Secretary of Agriculture. (18) Socially disadvantaged farmer or rancher

“socially disadvantaged farmer or rancher” applies in that section

The term “socially disadvantaged farmer or rancher” has the meaning given the term in section 2279(e) 3 of title 7. (19) State

“State” applies in that section

The term “State” means— (A) a State; (B) the District of Columbia; (C) the Commonwealth of Puerto Rico; and (D) any other territory or possession of the United States. (20) Trust Fund

“tree” applies in that section

The term “tree” includes a tree, bush, and vine. (2) Eligibility (A) Loss Subject to subparagraph (B), the Secretary shall use such sums as are necessary from the Trust Fund to provide assistance— (i) under paragraph (3) to eligible orchardists and nursery tree growers that planted trees for commercial purposes but lost the trees as a result of a natural disaster, as determined by the Secretary; and (ii) under paragraph (3)(B) to eligible orchardists and nursery tree growers that have a production history for commercial purposes on planted or existing trees but lost the trees as a result of a natural disaster, as determined by the Secretary.

“Trust Fund” applies in that section

The term “Trust Fund” means the Agricultural Disaster Relief Trust Fund established under section 2497a of this title . (21) United States The term “United States” when used in a geographical sense, means all of the States. (b) Supplemental revenue assistance payments (1) Payments (A) In general The Secretary shall use such sums as are necessary from the Trust Fund to make crop disaster assistance payments to eligible producers on farms in disaster counties that have incurred crop production losses or crop quality losses, or both, during the crop year.

“Agreement” applies throughout its subchapter

The term “Agreement” means the Agreement on Government Procurement referred to in section 3511(d)(17) of this title , as submitted to the Congress, but including rectifications, modifications, and amendments which are accepted by the United States. (2) Civil aircraft

“civil aircraft and related articles” applies throughout its subchapter

The term “civil aircraft and related articles” means— (A) all aircraft other than aircraft to be purchased for use by the Department of Defense or the United States Coast Guard; (B) the engines (and parts and components for incorporation therein) of such aircraft; (C) any other parts, components, and subassemblies for incorporation in such aircraft; and (D) any ground flight simulators, and parts and components thereof, for use with respect to such aircraft, whether to be purchased for use as original or replacement equipment in the manufacture, repair, maintenance, rebuilding, modification, or conversion of such aircraft, and without regard to whether such aircraft or articles receive …

“developed countries” applies throughout its subchapter

The term “developed countries” means countries so designated by the President. (4) Eligible product (A) In general

“eligible product” applies throughout its subchapter

The term “eligible product” means, with respect to any foreign country or instrumentality that is— (i) a party to the Agreement, a product or service of that country or instrumentality which is covered under the Agreement for procurement by the United States; (ii) Mexico, as a party to the USMCA (as defined in section 4502 of this title ), a product or service of that country or instrumentality which is covered under the USMCA for procurement by the United States; (iii) a party to a free trade agreement that entered into force with respect to the United States after December 31, 2003 , and before January 2, 2005 , a product or service of that country or instrumentality which is covered …

“least developed country” applies throughout its subchapter

The term “least developed country” means any country on the United Nations General Assembly list of least developed countries. (7) Major industrial country

“major industrial country” applies throughout its subchapter

The term “major industrial country” means any such country as defined in section 2136 of this title and any instrumentality of such a country.

“organization member” applies in that section

The term “organization member” means the private person who holds membership in a private international standards organization. (B) Private international standards organization

“private international standards organization” applies in that section

The term “private international standards organization” means any international standards organization before which the interests of the United States are represented by a private person who is officially recognized by that organization for such purpose. (2) In general Except as otherwise provided for in this subsection, the representation of United States interests before any private international standards organization shall be carried out by the organization member.

“Agreement” applies throughout its subchapter

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

“conformity assessment procedure” applies throughout its subchapter

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

“Federal agency” applies throughout its subchapter

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

“international conformity assessment procedure” applies throughout its subchapter

The term “international conformity assessment procedure” means a conformity assessment procedure that is adopted by an international standards organization. (5) International standard

“international standard” applies throughout its subchapter

The term “international standard” means any standard that is promulgated by an international standards organization. (6) International standards organization

“international standards organization” applies throughout its subchapter

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

“international standards-related activity” applies throughout its subchapter

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

“Member” applies throughout its subchapter

The term “Member” means a WTO member as defined in section 3501(10) of this title . (9) Private person

“private person” applies throughout its subchapter

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

“product” applies throughout its subchapter

The term “product” means any natural or manufactured item. (11) Secretary concerned

“Secretary concerned” applies throughout its subchapter

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

“standard” applies throughout its subchapter

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

“standards-related activity” applies throughout its subchapter

The term “standards-related activity” means the development, adoption, or application of any standard, technical regulation, or conformity assessment procedure. (15) State

“State” applies throughout its subchapter

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

“State agency” applies throughout its subchapter

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

“technical regulation” applies throughout its subchapter

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.

“Trade Representative” applies throughout its subchapter

The term “Trade Representative” means the United States Trade Representative. (13) Standard

“animal” applies throughout its subpart

The term “animal” includes fish, bees, and wild fauna. (2) Approval procedure

“approval procedure” applies throughout its subpart

The term “approval procedure” means any registration, notification, or other mandatory administrative procedure for— (A) approving the use of an additive for a stated purpose or under stated conditions, or (B) establishing a tolerance for a stated purpose or under stated conditions for a contaminant, in a food, beverage, or feedstuff prior to permitting the use of the additive or the marketing of a food, beverage, or feedstuff containing the additive or contaminant. (3) Contaminant

“contaminant” applies throughout its subpart

The term “contaminant” includes pesticide and veterinary drug residues and extraneous matter. (4) Control or inspection procedure

“control or inspection procedure” applies throughout its subpart

The term “control or inspection procedure” means any procedure used, directly or indirectly, to determine that a sanitary or phytosanitary measure is fulfilled, including sampling, testing, inspection, evaluation, verification, monitoring, auditing, assurance of conformity, accreditation, registration, certification, or other procedure involving the physical examination of a good, of the packaging of a good, or of the equipment or facilities directly related to production, marketing, or use of a good, but does not mean an approval procedure. (5) Plant

“plant” applies throughout its subpart

The term “plant” includes wild flora. (6) Risk assessment

“risk assessment” applies throughout its subpart

The term “risk assessment” means an evaluation of— (A) the potential for the introduction, establishment or spread of a pest or disease and associated biological and economic consequences; or (B) the potential for adverse effects on human or animal life or health arising from the presence of an additive, contaminant, toxin or disease-causing organism in a food, beverage, or feedstuff. (7) Sanitary or phytosanitary measure (A) In general

“sanitary or phytosanitary measure” applies throughout its subpart

The term “sanitary or phytosanitary measure” means a measure to— (i) protect animal or plant life or health in the United States from risks arising from the introduction, establishment, or spread of a pest or disease; (ii) protect human or animal life or health in the United States from risks arising from the presence of an additive, contaminant, toxin, or disease-causing organism in a food, beverage, or feedstuff; (iii) protect human life or health in the United States from risks arising from a disease-causing organism or pest carried by an animal or plant, or a product thereof; or (iv) prevent or limit other damage in the United States arising from the introduction, establishment, or …

“approval procedure” applies throughout its subpart

The term “approval procedure” means any registration, notification, or other mandatory administrative procedure for granting permission for a good or service to be produced, marketed, or used for a stated purpose or under stated conditions. (2) Conformity assessment procedure

“conformity assessment procedure” applies throughout its subpart

The term “conformity assessment procedure” means any procedure used, directly or indirectly, to determine that a technical regulation or standard is fulfilled, including sampling, testing, inspection, evaluation, verification, monitoring, auditing, assurance of conformity, accreditation, registration, or approval used for such a purpose, but does not mean an approval procedure. (3) Objective

“objective” applies throughout its subpart

The term “objective” includes— (A) safety, (B) protection of human, animal, or plant life or health, the environment or consumers, including matters relating to quality and identifiability of goods or services, and (C) sustainable development, but does not include the protection of domestic production. (4) Service

“service” applies throughout its subpart

The term “service” means a land transportation service or a telecommunications service. (5) Standard

“standard” applies throughout its subpart

The term “standard” means— (A) characteristics for a good or a service, (B) characteristics, rules, or guidelines for— (i) processes or production methods relating to such good, or (ii) operating methods relating to such service, and (C) provisions specifying terminology, symbols, packaging, marking, or labelling for— (i) a good or its related process or production methods, or (ii) a service or its related operating methods, for common and repeated use, including explanatory and other related provisions set out in a document approved by a standardizing body, with which compliance is not mandatory. (6) Standards-related measure

“standards-related measure” applies throughout its subpart

The term “standards-related measure” means a standard, technical regulation, or conformity assessment procedure. (7) Technical regulation

“technical regulation” applies throughout its subpart

The term “technical regulation” means— (A) characteristics or their related processes and production methods for a good, (B) characteristics for a service or its related operating methods, or (C) provisions specifying terminology, symbols, packaging, marking, or labelling for— (i) a good or its related process or production method, or (ii) a service or its related operating method, set out in a document, including applicable administrative, explanatory, and other related provisions, with which compliance is mandatory. (8) Telecommunications service

“telecommunications service” applies throughout its subpart

The term “telecommunications service” means a service provided by means of the transmission and reception of signals by any electromagnetic means, but does not mean the cable, broadcast, or other electromagnetic distribution of radio or television programming to the public generally.

“NAFTA” applies throughout its part

The term “NAFTA” means the North American Free Trade Agreement. (2) State

“State” applies throughout its part

The term “State” means any of the several States, the District of Columbia, and the Commonwealth of Puerto Rico.

“agency” applies throughout its part

The term “agency” means a Federal department or agency (or combination of Federal departments or agencies). (2) Commissioner

“Commissioner” applies throughout its part

The term “Commissioner” means the Commissioner of Food and Drugs. (3) International standard-setting organization

“international standard” applies throughout its part

The term “international standard” means a standard, guideline, or recommendation— (A) regarding food safety, adopted by the Codex Alimentarius Commission, including a standard, guideline, or recommendation regarding decomposition elaborated by the Codex Committee on Fish and Fishery Products, food additives, contaminants, hygienic practice, and methods of analysis and sampling; (B) regarding animal health and zoonoses, developed under the auspices of the International Office of Epizootics; (C) regarding plant health, developed under the auspices of the Secretariat of the International Plant Protection Convention in cooperation with the North American Plant Protection Organization; or (D) …

“international standard-setting organization” applies throughout its part

The term “international standard-setting organization” means an organization consisting of representatives of 2 or more countries, the purpose of which is to negotiate, develop, promulgate, or amend an international standard. (4) Sanitary or phytosanitary standard

“sanitary or phytosanitary standard” applies throughout its part

The term “sanitary or phytosanitary standard” means a standard intended to form a basis for a sanitary or phytosanitary measure. (5) International standard

“import license” applies in that section

the term “import license” means any documentation used to administer a quantitative restriction imposed or modified after July 26, 1979 under— (1) section 125, 203, 301, or 406 of the Trade Act of 1974 ( 19 U.S.C. 2135 , 2253, 2411, or 2436), (2) the International Emergency Economic Powers Act ( 50 U.S.C. 1701–170 6), (3) authority under the notes of the Harmonized Tariff Schedule of the United States, but not including any quantitative restriction imposed under section 22 of the Agricultural Adjustment Act of 1934 ( 7 U.S.C. 624 ), (4) the Trading With the Enemy Act (50 U.S.C. App. 1–44), 1 (5) section 204 of the Agricultural Act of 1956 ( 7 U.S.C.

“agreement” applies throughout its chapter

The term “agreement” includes any amendment to, or extension of, any agreement under this chapter that enters into force with respect to the United States.;

“archaeological or ethnological material of the State Party” applies throughout its chapter

The term “archaeological or ethnological material of the State Party” means— (A) any object of archaeological interest; (B) any object of ethnological interest; or (C) any fragment or part of any object referred to in subparagraph (A) or (B); which was first discovered within, and is subject to export control by, the State Party.

“Committee” applies in that section

The term “Committee” means the Cultural Property Advisory Committee established under section 2605 of this title .;

“consignee” applies in that section

The term “consignee” means a consignee as defined in section 1483 1 of this title.;

“Convention” applies in that section

The term “Convention” means the Convention on the means of prohibiting and preventing the illicit import, export, and transfer of ownership of cultural property adopted by the General Conference of the United Nations Educational, Scientific, and Cultural Organization at its sixteenth session.;

“cultural property” applies in that section

The term “cultural property” includes articles described in article 1(a) through (k) of the Convention whether or not any such article is specifically designated as such by any State Party for the purposes of such article.;

“designated archaeological or ethnological material” applies in that section

The term “designated archaeological or ethnological material” means any archaeological or ethnological material of the State Party which— (A) is— (i) covered by an agreement under this chapter that enters into force with respect to the United States, or (ii) subject to emergency action under section 2603 of this title , and (B) is listed by regulation under section 2604 of this title .;

“Secretary” applies in that section

The term “Secretary” means the Secretary of the Treasury or his delegate.;

“State Party” applies in that section

The term “State Party” means any nation which has ratified, accepted, or acceded to the Convention.;

“United States” applies in that section

The term “United States” includes the several States, the District of Columbia, and any territory or area the foreign relations for which the United States is responsible.;

“United States citizen” applies in that section

The term “United States citizen” means— (A) any individual who is a citizen or national of the United States; (B) any corporation, partnership, association, or other legal entity organized or existing under the laws of the United States or any State; or (C) any department, agency, or entity of the Federal Government or of any government of any State.

“emergency condition” applies in that section

the term “emergency condition” means, with respect to any archaeological or ethnological material of any State Party, that such material is— (1) a newly discovered type of material which is of importance for the understanding of the history of mankind and is in jeopardy from pillage, dismantling, dispersal, or fragmentation; (2) identifiable as coming from any site recognized to be of high cultural significance if such site is in jeopardy from pillage, dismantling, dispersal, or fragmentation which is, or threatens to be, of crisis proportions; or (3) a part of the remains of a particular culture or civilization, the record of which is in jeopardy from pillage, dismantling, dispersal, or …

“satisfactory evidence” applies in that section

The term “satisfactory evidence” means— (1) for purposes of subsection (b)(2)(A)— (A) one or more declarations under oath by the importer, or the person for whose account the material is imported, stating that, to the best of his knowledge— (i) the material was exported from the State Party not less than ten years before the date of entry into the United States, and (ii) neither such importer or person (or any related person) contracted for or acquired an interest, directly or indirectly, in such material more than one year before the date of entry of the material; and (B) a statement provided by the consignor, or person who sold the material to the importer, which states the date, or, if …

“beneficiary country” applies throughout its chapter

The term “beneficiary country” means any country listed in subsection (b) with respect to which there is in effect a proclamation by the President designating such country as a beneficiary country for purposes of this chapter. Before the President designates any country as a beneficiary country for purposes of this chapter, he shall notify the House of Representatives and the Senate of his intention to make such designation, together with the considerations entering into such decision.;

“entered” applies throughout its chapter

The term “entered” means entered, or withdrawn from warehouse for consumption, in the customs territory of the United States.;

“former beneficiary country” applies throughout its chapter

The term “former beneficiary country” means a country that ceases to be designated as a beneficiary country under this chapter because the country has become a party to a free trade agreement with the United States.

“HTS” applies throughout its chapter

The term “HTS” means Harmonized Tariff Schedule of the United States.;

“USMCA” applies throughout its chapter

The term “USMCA” has the meaning given that term in section 4502 of this title .;

“WTO” applies throughout its chapter

The terms “WTO” and “WTO member” have the meanings given those terms in section 3501 of this title .;

“WTO member” applies throughout its chapter

The terms “WTO” and “WTO member” have the meanings given those terms in section 3501 of this title .;

“beneficiary country” applies in that section

the term “beneficiary country” includes the Commonwealth of Puerto Rico, the United States Virgin Islands, and any former beneficiary country. If the cost or value of materials produced in the customs territory of the United States (other than the Commonwealth of Puerto Rico) is included with respect to an article to which this paragraph applies, an amount not to exceed 15 per centum of the appraised value of the article at the time it is entered that is attributed to such United States cost or value may be applied toward determining the percentage referred to in subparagraph (B).

“CBTPA” applies in that section

The term “CBTPA” means the United States-Caribbean Basin Trade Partnership Act. (F) FTAA

“CBTPA beneficiary country” applies in that section

The term “CBTPA beneficiary country” means any “beneficiary country”, as defined in section 2702(a)(1)(A) of this title , which the President designates as a CBTPA beneficiary country, taking into account the criteria contained in subsections (b) and (c) of section 2702 of this title and other appropriate criteria, including the following: (i) Whether the beneficiary country has demonstrated a commitment to— (I) undertake its obligations under the WTO, including those agreements listed in section 3511(d) of this title , on or ahead of schedule; and (II) participate in negotiations toward the completion of the FTAA or another free trade agreement.

“CBTPA originating good” applies in that section

The term “CBTPA originating good” means a good that meets the rules of origin for a good set forth in chapter 4 of the USMCA as implemented pursuant to United States law. (ii) Application of chapter 4 In applying chapter 4 of the USMCA with respect to a CBTPA beneficiary country for purposes of this subsection— (I) no country other than the United States and a CBTPA beneficiary country may be treated as being a party to the USMCA; (II) any reference to trade between the United States and Mexico shall be deemed to refer to trade between the United States and a CBTPA beneficiary country; (III) any reference to a party shall be deemed to refer to a CBTPA beneficiary country or the United …

“former CBTPA beneficiary country” applies in that section

The term “former CBTPA beneficiary country” means a country that ceases to be designated as a CBTPA beneficiary country under this chapter because the country has become a party to a free trade agreement with the United States.

“FTAA” applies in that section

The term “FTAA” means the Free Trade Area of the Americas. (G) Former CBTPA beneficiary country

“perishable product” applies in that section

the term “perishable product” means— (A) live plants and fresh cut flowers provided for in chapter 6 of the HTS; (B) fresh or chilled vegetables provided for in headings 0701 through 0709 (except subheading 0709.52.00) and heading 0714 of the HTS; (C) fresh fruit provided for in subheadings 0804.20 through 0810.90 (except citrons of subheading 0805.90.00, tamarinds and kiwi fruit of subheading 0810.90.20, and cashew apples, mameyes colorados, sapodillas, soursops and sweetsops of subheading 0810.90.40) of the HTS; and (D) concentrated citrus fruit juice provided for in subheadings 2009.11.00, 2009.19.40, 2009.20.40, 2009.30.20, and 2009.30.60 of the HTS.

“Plan” applies in that section

The term “Plan” means a stable food production plan that consists of measures and proposals designed to ensure that the present level of food production in, and the nutritional level of the population of, a beneficiary country will not be adversely affected by changes in land use and land ownership that will result if increased production of sugar and beef products is undertaken in response to the duty-free treatment extended under this chapter to such products.

“sugar and beef products” applies in that section

The term “sugar and beef products” means— (i) sugars, sirups, and molasses provided for in subheadings 1701.11.00, 1701.12.00, 1701.91.20, 1701.99.00, 1702.90.30, 1806.10.40, and 2106.90.10 of the Harmonized Tariff Schedule of the United States, and (ii) articles of beef or veal, however provided for in chapters 2 and 16 of the Harmonized Tariff Schedule of the United States.;

“the Annex” applies in that section

The term “the Annex” means Annex 300–B of the North American Free Trade Agreement entered into between the United States, Mexico, and Canada on December 17, 1992 . (B) CBTPA beneficiary country

“transition period” applies in that section

The term “transition period” means, with respect to a CBTPA beneficiary country, the period that begins on October 1, 2000 , and ends on the earlier of— (i) September 30, 2030 ; or (ii) the date on which the FTAA or another free trade agreement that makes substantial progress in achieving the negotiating objectives set forth in section 108(b)(5) of Public Law 103–182 ( 19 U.S.C. 3317(b)(5) ) 1 enters into force with respect to the United States and the CBTPA beneficiary country. (E) CBTPA

“applicable percentage” applies in that section

The term “applicable percentage” means 60 percent or more on and after December 20, 2017 . (II) Foreign material

“appropriate congressional committees” applies in that section

The term “appropriate congressional committees” means the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives. (3) Core labor standards