Title 19 — Customs Duties
Part 6 · Chapter 12 — Trade Act of 1974
§ 2401. Definitions
Statutory text
In this part:
Agricultural commodity
The term “agricultural commodity” means any agricultural commodity (including livestock) in its raw or natural state.
Agricultural commodity producer
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).
Contributed importantly
In general
The term “contributed importantly” means a cause which is important but not necessarily more important than any other cause.
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.
Duly authorized representative
The term “duly authorized representative” means an association of agricultural commodity producers.
National average price
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.
Secretary
The term “Secretary” means the Secretary of Agriculture.
Footnotes
- 1 See References in Text note below.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Trade Act of 1974
Pub. L. 93–618 title II § 291 · 88 Stat. 1978
Enacted · 19 U.S.C. § 2401
Pub. L. 93–618, title II, § 291, as added Pub. L. 107–210, div. A, title I, § 141(a), Aug. 6, 2002, 116 Stat. 946
Source evidence
Code source credit
Pub. L. 93–618, title II, § 291, as added Pub. L. 107–210, div. A, title I, § 141(a), Aug. 6, 2002, 116 Stat. 946Miscellaneous Trade and Technical Corrections Act of 2006
Pub. L. 109–280 title XIV § 1635(f)(4) · 120 Stat. 780
Substituted · 19 U.S.C. § 2401(2)
Pub. L. 109–280 substituted “1308(e)” for “1308(5)”
Source evidence
Code amendment note
Par. (2). Pub. L. 109–280 substituted “1308(e)” for “1308(5)”.Enacted provision · exact public law section
(4) Section 291(2) of the Trade Act of 1974 (19 U.S.C. 2401(2)) is amended— (A) by striking “1001(5)” and inserting “1001(e)”; and (B) by striking “1308(5)” and inserting “1308(e)”.Food, Conservation, and Energy Act of 2008
Pub. L. 110–246 § 1603(g)(6) · 122 Stat. 1651
Amended · 19 U.S.C. § 2401(2)
Pub. L. 110–246, § 1603(g)(6), as amended by Pub. L. 113–79, § 1609(b)(1)
Inserted · 19 U.S.C. § 2401(2)
Pub. L. 110–246, § 1603(g)(6), as inserted “(before the amendment made by section 1603(a) of the Food, Conservation, and Energy Act of 2008)” before period at end
Source evidence
Code amendment note
Par. (2). Pub. L. 110–246, § 1603(g)(6), as amended by Pub. L. 113–79, § 1609(b)(1), inserted “(before the amendment made by section 1603(a) of the Food, Conservation, and Energy Act of 2008)” before period at end.Enacted provision · exact public law section
(6) Section 291(2) of the Trade Act of 1974 (19 U.S.C. 2401(2)) is amended by inserting “(before the amendment made by section 1703(a) of the Food, Conservation, and Energy Act of 2008)” before the period at the end.Effective date note
Amendment by Pub. L. 113–79 effective as if included in Pub. L. 110–246, see section 1609(b)(2) of Pub. L. 113–79, set out as a note under section 1471g of Title 7, Agriculture.Trade and Globalization Adjustment Assistance Act of 2009
Pub. L. 111–5 div. B title I § 1881 · 123 Stat. 115
Amended · 19 U.S.C. § 2401(1)
Pub. L. 111–5, §§ 1881(1), 1893, temporarily amended par. (1) generally. Prior to amendment, text read as follows: “The term ‘agricultural commodity’ means any agricultural commodity (including livestock) in its raw or natural state.” See Codification note above and Effective and Termination Dates of 2009 Amendment note below
Source evidence
Code amendment note
Par. (1). Pub. L. 111–5, §§ 1881(1), 1893, temporarily amended par. (1) generally. Prior to amendment, text read as follows: “The term ‘agricultural commodity’ means any agricultural commodity (including livestock) in its raw or natural state.” See Codification note above and Effective and Termination Dates of 2009 Amendment note below.Enacted provision · exact public law section
SEC. 1881. DEFINITIONS. Section 291 of the Trade Act of 1974 (19 U.S.C. 2401) is amended— (1) by amending paragraph (1) to read as follows: “(1) Agricultural commodity.— The term ‘agricultural commodity’ includes— “(A) any agricultural commodity (including livestock) in its raw or natural state; “(B) any class of goods within an agricultural commodity; and “(C) in the case of an agricultural commodity producer described in paragraph (2)(B), wild-caught aquatic species.” ; (2) by amending paragraph (2) to read as follows: “(2) Agricultural commodity producer.— The term ‘agricultural commodity producer’ means— “(A) a person that shares in the risk of producing an agricultural commodity and that is entitled to a share of the commodity for marketing, including an operator, a sharecropper, or a person that owns or rents the land on which the commodity is produced; or “(B) a person that reports gain or loss from the trade or business of fishing on the person’s annual Federal income tax return for the taxable year that most closely corresponds to the marketing year with respect to which a petition is filed under section 292.” ; and (3) by adding at the end the following: “(7) Marketing year.— The term ‘marketing year’ means— “(A) a marketing year designated by the Secretary with respect to an agricultural commodity; or “(B) in the case of an agricultural commodity with respect to which the Secretary does not designate a marketing year, a calendar year.” .Trade and Globalization Adjustment Assistance Act of 2009
Pub. L. 111–5 div. B title I § 1881 · 123 Stat. 115
Amended · 19 U.S.C. § 2401(2)
Pub. L. 111–5, §§ 1881(2), 1893, temporarily amended par. (2) generally. Prior to amendment, text read as follows: “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 1603(a) of the Food, Conservation, and Energy Act of 2008).” See Codification note above and Effective and Termination Dates of 2009 Amendment note below
Source evidence
Code amendment note
Par. (2). Pub. L. 111–5, §§ 1881(2), 1893, temporarily amended par. (2) generally. Prior to amendment, text read as follows: “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 1603(a) of the Food, Conservation, and Energy Act of 2008).” See Codification note above and Effective and Termination Dates of 2009 Amendment note below.Enacted provision · exact public law section
SEC. 1881. DEFINITIONS. Section 291 of the Trade Act of 1974 (19 U.S.C. 2401) is amended— (1) by amending paragraph (1) to read as follows: “(1) Agricultural commodity.— The term ‘agricultural commodity’ includes— “(A) any agricultural commodity (including livestock) in its raw or natural state; “(B) any class of goods within an agricultural commodity; and “(C) in the case of an agricultural commodity producer described in paragraph (2)(B), wild-caught aquatic species.” ; (2) by amending paragraph (2) to read as follows: “(2) Agricultural commodity producer.— The term ‘agricultural commodity producer’ means— “(A) a person that shares in the risk of producing an agricultural commodity and that is entitled to a share of the commodity for marketing, including an operator, a sharecropper, or a person that owns or rents the land on which the commodity is produced; or “(B) a person that reports gain or loss from the trade or business of fishing on the person’s annual Federal income tax return for the taxable year that most closely corresponds to the marketing year with respect to which a petition is filed under section 292.” ; and (3) by adding at the end the following: “(7) Marketing year.— The term ‘marketing year’ means— “(A) a marketing year designated by the Secretary with respect to an agricultural commodity; or “(B) in the case of an agricultural commodity with respect to which the Secretary does not designate a marketing year, a calendar year.” .Trade and Globalization Adjustment Assistance Act of 2009
Pub. L. 111–5 div. B title I § 1881 · 123 Stat. 115
Added · 19 U.S.C. § 2401(7)
Pub. L. 111–5, §§ 1881(3), 1893, temporarily added par. (7). See Codification note above and Effective and Termination Dates of 2009 Amendment note below
Source evidence
Code amendment note
Par. (7). Pub. L. 111–5, §§ 1881(3), 1893, temporarily added par. (7). See Codification note above and Effective and Termination Dates of 2009 Amendment note below.Enacted provision · exact public law section
SEC. 1881. DEFINITIONS. Section 291 of the Trade Act of 1974 (19 U.S.C. 2401) is amended— (1) by amending paragraph (1) to read as follows: “(1) Agricultural commodity.— The term ‘agricultural commodity’ includes— “(A) any agricultural commodity (including livestock) in its raw or natural state; “(B) any class of goods within an agricultural commodity; and “(C) in the case of an agricultural commodity producer described in paragraph (2)(B), wild-caught aquatic species.” ; (2) by amending paragraph (2) to read as follows: “(2) Agricultural commodity producer.— The term ‘agricultural commodity producer’ means— “(A) a person that shares in the risk of producing an agricultural commodity and that is entitled to a share of the commodity for marketing, including an operator, a sharecropper, or a person that owns or rents the land on which the commodity is produced; or “(B) a person that reports gain or loss from the trade or business of fishing on the person’s annual Federal income tax return for the taxable year that most closely corresponds to the marketing year with respect to which a petition is filed under section 292.” ; and (3) by adding at the end the following: “(7) Marketing year.— The term ‘marketing year’ means— “(A) a marketing year designated by the Secretary with respect to an agricultural commodity; or “(B) in the case of an agricultural commodity with respect to which the Secretary does not designate a marketing year, a calendar year.” .Trade Adjustment Assistance Extension Act of 2011
Pub. L. 112–40 title II § 201(b) · 125 Stat. 403
Changed · 19 U.S.C. § 2401
Pub. L. 112–40, §§ 201(b), (c), 233, temporarily revived the provisions of this section, as in effect on Feb. 12, 2011. See Codification note above and 2009 Amendment and Effective and Termination Dates of 2011 Revival notes below
Source evidence
Code amendment note
Pub. L. 112–40, §§ 201(b), (c), 233, temporarily revived the provisions of this section, as in effect on Feb. 12, 2011. See Codification note above and 2009 Amendment and Effective and Termination Dates of 2011 Revival notes below.Enacted provision · exact public law section
(b) Applicability of Certain Provisions.— Except as otherwise provided in this subtitle, the provisions of chapters 2 through 6 of title II of the Trade Act of 1974, as in effect on February 12, 2011, and as amended by this subtitle, shall— (1) take effect on the date of the enactment of this Act; and (2) apply to petitions for certification filed under chapter 2, 3, or 6 of title II of the Trade Act of 1974 on or after such date of enactment.Agricultural Act of 2014
Pub. L. 113–79 § 1609(b)(1) · 128 Stat. 649
Inserted · 19 U.S.C. § 2401(2)
Pub. L. 113–79, § 1609(b)(1), amended language inserted by Pub. L. 110–246, § 1603(g)(6). See 2008 Amendment note below
Source evidence
Code amendment note
Par. (2). Pub. L. 113–79, § 1609(b)(1), amended language inserted by Pub. L. 110–246, § 1603(g)(6). See 2008 Amendment note below.Enacted provision · exact public law section
(1) Amendment.— Section 1603(g) of the Food, Conservation, and Energy Act of 2008 (Public Law 110–246; 122 Stat. 1739) 7 USC 1471g, 1524, 8204; 16 USC 2106a; 19 USC 2401. is amended in paragraphs (2) through (6) and the amendments made by those paragraphs by striking “1703(a)” each place it appears and inserting “1603(a)”.Effective date note
Amendment by Pub. L. 113–79 effective as if included in Pub. L. 110–246, see section 1609(b)(2) of Pub. L. 113–79, set out as a note under section 1471g of Title 7, Agriculture.Trade Adjustment Assistance Reauthorization Act of 2015
Pub. L. 114–27 title IV § 402(b) · 129 Stat. 362
Changed · 19 U.S.C. § 2401
Pub. L. 114–27, §§ 402(b), (c), 406, temporarily revived the provisions of this section, as in effect on Dec. 31, 2013. See Codification note above and 2011 Amendment and Effective and Termination Dates of 2015 Revival notes below
Source evidence
Code amendment note
Pub. L. 114–27, §§ 402(b), (c), 406, temporarily revived the provisions of this section, as in effect on Dec. 31, 2013. See Codification note above and 2011 Amendment and Effective and Termination Dates of 2015 Revival notes below.Enacted provision · exact public law section
(b) Applicability of Certain Provisions.— Except as otherwise provided in this title, the provisions of chapters 2 through 6 of title II of the Trade Act of 1974, as in effect on December 31, 2013, and as amended by this title, shall— (1) Effective date. take effect on the date of the enactment of this Act; and (2) apply to petitions for certification filed under chapter 2, 3, or 6 of title II of the Trade Act of 1974 on or after such date of enactment.
9 of 10 references resolved to an enrolled provision · 1 partial
Notes
Termination of Assistance
For termination of assistance under this part after , see Termination Date note below.
Editorial Notes
References in Text
Section 1703(a) of the Food, Conservation, and Energy Act of 2008, referred to in par. (2), probably should be a reference to section 1603 of Pub. L. 110–246, because Pub. L. 110–246 does not contain a section 1703, and subsec. (b)(3) of section 1603 of Pub. L. 110–246 amended section 1308 of Title 7, Agriculture, by striking out subsec. (e), which had related to issuance of regulations defining “person”.
Codification
Section reflects the , reversion to provisions in effect on . See Effective and Termination Dates of 2015 Revival note below.
Section 233 of Pub. L. 112–40, which provided for the , revival of this section as in effect on , was repealed by Pub. L. 114–27, title IV, § 402(a), , 129 Stat. 374, and the provisions of this section, as in effect on , were temporarily revived, effective , until , by Pub. L. 114–27, §§ 402(b), (c), 406. See 2011 and 2015 Amendment notes, Effective and Termination Dates of 2011 Revival notes, and Effective and Termination Dates of 2015 Revival notes below.
Section 1893 of Pub. L. 111–5, which provided for , termination of amendment by Pub. L. 111–5, was repealed by Pub. L. 112–40, title II, § 201(a), , 125 Stat. 403, and the provisions of this section, as amended by Pub. L. 111–5 and as in effect on , were temporarily revived, effective , until , by Pub. L. 112–40, §§ 201(b), (c), 233. See 2009 and 2011 Amendment notes, Effective and Termination Dates of 2009 Amendment notes, and Effective and Termination Dates of 2011 Revival notes below.
Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246.
Amendments2006–2015 · 6 rounds
2015
Pub. L. 114–27, §§ 402(b), (c), 406, temporarily revived the provisions of this section, as in effect on . See Codification note above and 2011 Amendment and Effective and Termination Dates of 2015 Revival notes below.
2014
Par. (2). Pub. L. 113–79, § 1609(b)(1), amended language inserted by Pub. L. 110–246, § 1603(g)(6). See 2008 Amendment note below.
2011
Pub. L. 112–40, §§ 201(b), (c), 233, temporarily revived the provisions of this section, as in effect on . See Codification note above and 2009 Amendment and Effective and Termination Dates of 2011 Revival notes below.
2009
Par. (1). Pub. L. 111–5, §§ 1881(1), 1893, temporarily amended par. (1) generally. Prior to amendment, text read as follows: “The term ‘agricultural commodity’ means any agricultural commodity (including livestock) in its raw or natural state.” See Codification note above and Effective and Termination Dates of 2009 Amendment note below.
Par. (2). Pub. L. 111–5, §§ 1881(2), 1893, temporarily amended par. (2) generally. Prior to amendment, text read as follows: “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 1603(a) of the Food, Conservation, and Energy Act of 2008).” See Codification note above and Effective and Termination Dates of 2009 Amendment note below.
Par. (7). Pub. L. 111–5, §§ 1881(3), 1893, temporarily added par. (7). See Codification note above and Effective and Termination Dates of 2009 Amendment note below.
2008
Par. (2). Pub. L. 110–246, § 1603(g)(6), as amended by Pub. L. 113–79, § 1609(b)(1), inserted “(before the amendment made by section 1603(a) of the Food, Conservation, and Energy Act of 2008)” before period at end.
2006
Par. (2). Pub. L. 109–280 substituted “1308(e)” for “1308(5)”.
Statutory Notes and Related Subsidiaries
Effective and Termination Dates of 2015 Revival
For revival and applicability, beginning on , of the provisions of this section as in effect on , see section 402(b), (c) of Pub. L. 114–27, set out as a note preceding section 2271 of this title.
For reversion, beginning on , to the provisions of this section as in effect on , with certain exceptions and subject to section 406(b) of Pub. L. 114–27, see section 406 of Pub. L. 114–27, set out as a note preceding section 2271 of this title.
Effective Date of 2014 Amendment
Amendment by Pub. L. 113–79 effective as if included in Pub. L. 110–246, see section 1609(b)(2) of Pub. L. 113–79, set out as a note under section 1471g of Title 7, Agriculture.
Effective and Termination Dates of 2011 Revival
For revival and applicability, beginning on , of the provisions of this section as in effect on , see section 201(b), (c) of Pub. L. 112–40, set out as a note preceding section 2271 of this title.
Section 233 of Pub. L. 112–40, formerly set out as a note preceding section 2271 of this title, which provided for the reversion, beginning on , of the provisions of this section to those in effect on , subject to certain exceptions, was repealed by Pub. L. 114–27, title IV, § 402(a), , 129 Stat. 374, effective . See Codification note above.
Effective and Termination Dates of 2009 Amendment
Except as otherwise provided and subject to certain applicability provisions, amendment by Pub. L. 111–5 effective upon the expiration of the 90-day period beginning on , see section 1891 of Pub. L. 111–5, set out as a note under section 2271 of this title.
Section 1893 of Pub. L. 111–5, formerly set out as a Termination Date of 2009 Amendment note preceding section 2271 of this title, which provided that, except as otherwise provided, amendment by Pub. L. 111–5 not applicable on or after , and that this section be applied and administered beginning , as if amendment by Pub. L. 111–5 had never been enacted, was repealed by Pub. L. 112–40, title II, § 201(a), , 125 Stat. 403, effective . See Codification note above.
Effective Date of 2008 Amendment
Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective , the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of Title 7, Agriculture.
Effective Date of 2006 Amendment
Amendment by Pub. L. 109–280 applicable with respect to goods entered, or withdrawn from warehouse for consumption, on or after the 15th day after , see section 1641 of Pub. L. 109–280, set out as a note under section 58c of this title.
Effective Date
Pub. L. 107–210, div. A, title I, § 141(b), , 116 Stat. 953, as amended by Pub. L. 108–429, title II, § 2004(a)(10), , 118 Stat. 2590, provided that: “The amendments made by this subtitle [subtitle C [§§ 141 to 143] of title I of Pub. L. 107–210, enacting this part and amending section 2395 of this title] shall take effect on the date that is 180 days after the date of enactment of this Act [].”
Termination Date
Except as otherwise provided, technical assistance and financial assistance may not be provided under this part after , see section 285 of Pub. L. 93–618, as modified by section 406(a)(7) of Pub. L. 114–27, set out as notes preceding section 2271 of this title.
Credits
2002–2015 · 8 acts
- 2002Pub. L. 93–618, title II, § 291, as added Pub. L. 107–210, div. A, title I, § 141(a), , 116 Stat. 946
- 2006amended Pub. L. 109–280, title XIV, § 1635(f)(4), , 120 Stat. 1171
- 2008Pub. L. 110–234, title I, § 1603(g)(6), , 122 Stat. 1012
- 2008Pub. L. 110–246, § 4(a), title I, § 1603(g)(6), , 122 Stat. 1664, 1740
- 2009Pub. L. 111–5, div. B, title I, § 1881, , 123 Stat. 414
- 2011Pub. L. 112–40, title II, § 201(b), (c), , 125 Stat. 403
- 2014Pub. L. 113–79, title I, § 1609(b)(1), , 128 Stat. 709
- 2015Pub. L. 114–27, title IV, § 402(b), (c), , 129 Stat. 374.
Show as published
(Pub. L. 93–618, title II, § 291, as added Pub. L. 107–210, div. A, title I, § 141(a), , 116 Stat. 946; amended Pub. L. 109–280, title XIV, § 1635(f)(4), , 120 Stat. 1171; Pub. L. 110–234, title I, § 1603(g)(6), , 122 Stat. 1012; Pub. L. 110–246, § 4(a), title I, § 1603(g)(6), , 122 Stat. 1664, 1740; Pub. L. 111–5, div. B, title I, § 1881, , 123 Stat. 414; Pub. L. 112–40, title II, § 201(b), (c), , 125 Stat. 403; Pub. L. 113–79, title I, § 1609(b)(1), , 128 Stat. 709; Pub. L. 114–27, title IV, § 402(b), (c), , 129 Stat. 374.)