§ 2571. Definitions

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.

1. 1979

   Trade Agreements Act of 1979

   Pub. L. 96–39 title IV § 451 · 93 Stat. 144

   Enacted · 19 U.S.C. § 2571

   Pub. L. 96–39, title IV, § 451, July 26, 1979, 93 Stat. 249

   Source evidence

   Code source credit
   Pub. L. 96–39, title IV, § 451, July 26, 1979, 93 Stat. 249

   Enacted provision · exact public law section
   SEC. 451. DEFINITIONS. As used in this title— 19 USC 2571. (1) Agreement.— The term “Agreement” means the Agreement on Technical Barriers to Trade approved under section 2(a) of this Act. (2) Certification system.— The term “certification system” means a system— (A) for determining whether a product conforms with product standards applicable to that product; and (B) if a product so conforms, for attesting, by means of a document, mark, or other appropriate evidence of conformity, to that conformity. Such term also includes any modification of, or change to, any such system. (3) Federal agency.— The term “Federal agency” means any of the following within the meaning of chapter 2 of part I of title 5, United States Code: (A) Any executive department. (B) Any military department. (C) Any Government corporation. (D) Any Government-controlled corporation. (E) Any independent establishment. (4) International certification system.— The term “international certification system” means a certification system that is adopted by an international standards organization. (5) International standard.— The term “international standard” means any standard that is promulgated by an international standards organization. (6) International standards organization.— The term “international standards organization” means any organization— (A) the membership of which is open to representatives, whether public or private, of the United States and— (i) all Parties to the Agreement, or (ii) some but not ail Parties of the Agreement; and (B) that is engaged in international standards-related activities. (7) International standards-related activity.— The term “international standards-related activity” means the negotiation, development, or promulgation of, or any amendment or change to, an international standard, or an international certification system, or both. (8) Party to the agreement.— The term “Party to the Agreement” means any foreign country or instrumentality determined by the President to have assumed, and to be applying, the obligations of the Agreement with respect to the United States. (9) Private person.— The term “private person” means— (A) any individual who is a citizen or national of the United States; and (B) any corporation, partnership, association, or other legal entity organized or existing under the law of any State, whether for profit or not for profit. (10) Product.— The term “product” means any natural or manufactured item. (11) Secretary concerned.— The term “Secretary concerned” means the Secretary of Commerce with respect to functions under this title relating to nonagricultural products, and the Secretary of Agriculture with respect to functions under this title relating to agricultural products. (12) Special representative.— The term “Special Representative” means the Special Representative for Trade Negotiations. (13) Standard.— The term “standard” means any of the following, and any amendment or change to any of the following: (A) The specification of the characteristics of a product, including, but not limited to, levels of quality, performance, safety, or dimensions. (B) Specifications relating to the terminology, symbols, testing and test methods, packaging, or marking or labeling requirements applicable to a product. (C) Administrative procedures related to the application of any specification referred to in paragraph (A) or (B). (14) Standards-related activity.— The term “standards-related activity” means the development, adoption, or application of any standard or any certification system. (15) State.— The term “State” means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam and any other Commonwealth, territory, or possession of the United States. (16) State agency.— The term “State agency” means any department, agency, or other instrumentality of the government of any State or of any political subdivision of any State. (17) United states.— The term “United States”, when used in a geographical context, means all States.

2. 1993

   North American Free Trade Agreement Implementation Act

   Pub. L. 103–182 title III § 351(b)(1) · 107 Stat. 2057

   Amended · 19 U.S.C. § 2571(12)

   Pub. L. 103–182 amended par. (12) generally. Prior to amendment, par. (12) read as follows:

   Source evidence

   Code amendment note
   Par. (12). Pub. L. 103–182 amended par. (12) generally. Prior to amendment, par. (12) read as follows:

   “(12) Special representative.—The term ‘Special Representative’ means the Special Representative for Trade Negotiations.”

   Enacted provision · exact public law section
   (1) Definition of trade representative.— Section 451(12) 19 USC 2571. of the Trade Agreements Act of 1979 is amended to read as follows: “(12) Trade representative.— The term Trade Representative’ means the United States Trade Representative.”.

3. 1994

   Pub. L. 103–465 § 351(e)(1) · 108 Stat. 4809

   1. Amended · 19 U.S.C. § 2571(1)

      Pub. L. 103–465, § 351(e)(1), amended par. (1) generally

   2. Substituted · 19 U.S.C. § 2571(1)

      Pub. L. 103–465, § 351(e)(1), substituting “referred to in section 3511(d)(5) of this title” for “approved under section 2503(a) of this title”

   Source evidence

   Code amendment note
   Par. (1). Pub. L. 103–465, § 351(e)(1), amended par. (1) generally, substituting “referred to in section 3511(d)(5) of this title” for “approved under section 2503(a) of this title”.

   Enacted provision · exact public law section
   (1) so that paragraph (1) reads as follows:

   Effective date note
   Amendment by Pub. L. 103–465 effective on the date on which the WTO Agreement enters into force with respect to the United States (Jan. 1, 1995), see section 352 of Pub. L. 103–465, set out as a note under section 2531 of this title.

4. 1994

   Pub. L. 103–465 § 351(e)(2) · 108 Stat. 4809

   Amended · 19 U.S.C. § 2571(2)

   Pub. L. 103–465, § 351(e)(2), amended heading and text of par. (2) generally. Prior to amendment, text read as follows: “The term ‘certification system’ means a system—

   Source evidence

   Code amendment note
   Par. (2). Pub. L. 103–465, § 351(e)(2), amended heading and text of par. (2) generally. Prior to amendment, text read as follows: “The term ‘certification system’ means a system—

   “(A) for determining whether a product conforms with product standards applicable to that product; and “(B) if a product so conforms, for attesting, by means of a document, mark, or other appropriate evidence of conformity, to that conformity. Such term also includes any modification of, or change to, any such system.”

   Enacted provision · exact public law section
   (2) so that paragraph (2) reads as follows:

   Effective date note
   Amendment by Pub. L. 103–465 effective on the date on which the WTO Agreement enters into force with respect to the United States (Jan. 1, 1995), see section 352 of Pub. L. 103–465, set out as a note under section 2531 of this title.

5. 1994

   Pub. L. 103–465 § 351(e)(3) · 108 Stat. 4809

   Substituted · 19 U.S.C. § 2571(4)

   Pub. L. 103–465, § 351(e)(3), substituted “conformity assessment procedure” for “certification system” in two places

   Source evidence

   Code amendment note
   Par. (4). Pub. L. 103–465, § 351(e)(3), substituted “conformity assessment procedure” for “certification system” in two places.

   Enacted provision · exact public law section
   (3) in paragraph (4), by striking “certification system” and inserting ’‘conformity assessment procedure” each place it occurs;

   Effective date note
   Amendment by Pub. L. 103–465 effective on the date on which the WTO Agreement enters into force with respect to the United States (Jan. 1, 1995), see section 352 of Pub. L. 103–465, set out as a note under section 2531 of this title.

6. 1994

   Pub. L. 103–465 § 351(e)(4) · 108 Stat. 4809

   Amended · 19 U.S.C. § 2571(6)(A)

   Pub. L. 103–465, § 351(e)(4), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “the membership of which is open to representatives, whether public or private, of the United States and—

   Source evidence

   Code amendment note
   Par. (6)(A). Pub. L. 103–465, § 351(e)(4), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “the membership of which is open to representatives, whether public or private, of the United States and—

   “(i) all Parties to the Agreement, or “(ii) some but not all Parties of the Agreement; and”.

   Enacted provision · exact public law section
   (4) so that paragraph (6)(A) reads as follows: “(A) the membership of which is open to representatives, whether public or private, of the United States and at least all Members.”;

   Effective date note
   Amendment by Pub. L. 103–465 effective on the date on which the WTO Agreement enters into force with respect to the United States (Jan. 1, 1995), see section 352 of Pub. L. 103–465, set out as a note under section 2531 of this title.

7. 1994

   Pub. L. 103–465 § 351(e)(5) · 108 Stat. 4809

   Substituted · 19 U.S.C. § 2571(7)

   Pub. L. 103–465, § 351(e)(5), substituted “conformity assessment procedure” for “certification system”

   Source evidence

   Code amendment note
   Par. (7). Pub. L. 103–465, § 351(e)(5), substituted “conformity assessment procedure” for “certification system”.

   Enacted provision · exact public law section
   (5) in paragraph (7), by striking “certification system” and inserting “conformity assessment procedure”;

   Effective date note
   Amendment by Pub. L. 103–465 effective on the date on which the WTO Agreement enters into force with respect to the United States (Jan. 1, 1995), see section 352 of Pub. L. 103–465, set out as a note under section 2531 of this title.

8. 1994

   Pub. L. 103–465 § 351(e)(6) · 108 Stat. 4809

   Amended · 19 U.S.C. § 2571(8)

   Pub. L. 103–465, § 351(e)(6), amended heading and text of par. (8) generally. Prior to amendment, text read as follows: “The term ‘Party to the Agreement’ means any foreign country or instrumentality determined by the President to have assumed, and to be applying, the obligations of the Agreement with respect to the United States.”

   Source evidence

   Code amendment note
   Par. (8). Pub. L. 103–465, § 351(e)(6), amended heading and text of par. (8) generally. Prior to amendment, text read as follows: “The term ‘Party to the Agreement’ means any foreign country or instrumentality determined by the President to have assumed, and to be applying, the obligations of the Agreement with respect to the United States.”

   Enacted provision · exact public law section
   (6) so that paragraph (8) reads as follows: “(8) Member.— The term ‘Member’ means a WTO member as defined in section 2(10) of the Uruguay Round Agreements Act.”;

   Effective date note
   Amendment by Pub. L. 103–465 effective on the date on which the WTO Agreement enters into force with respect to the United States (Jan. 1, 1995), see section 352 of Pub. L. 103–465, set out as a note under section 2531 of this title.

9. 1994

   Pub. L. 103–465 § 351(e)(7) · 108 Stat. 4809

   Amended · 19 U.S.C. § 2571(13)

   Pub. L. 103–465, § 351(e)(7), amended heading and text of par. (13) generally. Prior to amendment, text read as follows: “The term ‘standard’ means any of the following, and any amendment or change to any of the following:

   Source evidence

   Code amendment note
   Par. (13). Pub. L. 103–465, § 351(e)(7), amended heading and text of par. (13) generally. Prior to amendment, text read as follows: “The term ‘standard’ means any of the following, and any amendment or change to any of the following:

   “(A) The specification of the characteristics of a product, including, but not limited to, levels of quality, performance, safety, or dimensions. “(B) Specifications relating to the terminology, symbols, testing and test methods, packaging, or marking or labeling requirements applicable to a product. “(C) Administrative procedures related to the application of any specification referred to in paragraph (A) or (B).”

   Enacted provision · exact public law section
   (7) so that paragraph (13) reads as follows: “(13) Standard.— The term ‘standard’ means a document approved by a recognized body, that provides, for common and repeated use, rules, guidelines, or characteristics for products or related processes and production methods, with which compliance is not mandatory. Such term may also include or deal exclusively with terminology, symbols, packaging, marking, or labeling requirements as they apply to a product, process, or production method.”;

   Effective date note
   Amendment by Pub. L. 103–465 effective on the date on which the WTO Agreement enters into force with respect to the United States (Jan. 1, 1995), see section 352 of Pub. L. 103–465, set out as a note under section 2531 of this title.

10. 1994

    Pub. L. 103–465 § 351(e)(8) · 108 Stat. 4809

    Substituted · 19 U.S.C. § 2571(14)

    Pub. L. 103–465, § 351(e)(8), substituted “, technical regulation, or conformity assessment procedure” for “or any certification system”

    Source evidence

    Code amendment note
    Par. (14). Pub. L. 103–465, § 351(e)(8), substituted “, technical regulation, or conformity assessment procedure” for “or any certification system”.

    Enacted provision · exact public law section
    (8) in paragraph (14), by striking “or any certification system” and inserting “, technical regulation, or conformity assessment procedure”; and

    Effective date note
    Amendment by Pub. L. 103–465 effective on the date on which the WTO Agreement enters into force with respect to the United States (Jan. 1, 1995), see section 352 of Pub. L. 103–465, set out as a note under section 2531 of this title.

11. 1994

    Pub. L. 103–465 § 351(e)(9) · 108 Stat. 4809

    1. Added · 19 U.S.C. § 2571(17); 19 U.S.C. § 2571(18)

       Pub. L. 103–465, § 351(e)(9), added par. (17)

    2. Redesignated · 19 U.S.C. § 2571(17); 19 U.S.C. § 2571(18)

       Pub. L. 103–465, § 351(e)(9), redesignated former par. (17) as (18)

    Source evidence

    Code amendment note
    Pars. (17), (18). Pub. L. 103–465, § 351(e)(9), added par. (17) and redesignated former par. (17) as (18).

    Enacted provision · exact public law section
    (9) by redesignating paragraph (17) as paragraph (18) and inserting after paragraph (16) the following: “(17) Technical regulation.— The term ‘technical regulation’ means a document which lays down product characteristics or their related processes and production methods, including the applicable administrative provisions, with which compliance is mandatory. Such term may also include or deal exclusively with terminology, symbols, packaging, marking, or labeling requirements as they apply to a product, process, or production method.”.

    Effective date note
    Amendment by Pub. L. 103–465 effective on the date on which the WTO Agreement enters into force with respect to the United States (Jan. 1, 1995), see section 352 of Pub. L. 103–465, set out as a note under section 2531 of this title.

12. 1996

    Miscellaneous Trade and Technical Corrections Act of 1996

    Pub. L. 104–295 § 20(c)(16) · 110 Stat. 3514

    Substituted · 19 U.S.C. § 2571(6)(A)

    Pub. L. 104–295 substituted “; and” for period at end

    Source evidence

    Code amendment note
    Par. (6)(A). Pub. L. 104–295 substituted “; and” for period at end.

    Enacted provision · exact public law section
    (16) Section 451(6)(A) of the Trade Agreements Act of 1979 (19 U.S.C. 2571(6)(A)) is amended by striking “Members.” and inserting “Members; and”.

14 of 14 references resolved to an enrolled provision