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Title 19 — Customs Duties

Chapter 17 — Negotiation and Implementation of Trade Agreements

§ 2906. Definitions

Statutory text

For purposes of this chapter:

(1)

The term “distortion” includes, but is not limited to, a subsidy.

(2)

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

(3)

The term “GATT” means the GATT 1947 (as defined in section 3501(1)(A) of this title).

(4)

The term “implementing bill” has the meaning given such term in section 2191(b)(1) of this title.

(5)

The term “international trade” includes, but is not limited to—

(A)

trade in both goods and services, and

(B)

foreign direct investment by United States persons, especially if such investment has implications for trade in goods and services.

(6)

The term “state trading enterprise” means—

(A)

any agency, instrumentality, or administrative unit of a foreign country which—

(i)

purchases goods or services in international trade for any purpose other than the use of such goods or services by such agency, instrumentality, administrative unit, or foreign country, or

(ii)

sells goods or services in international trade; or

(B)

any business firm which—

(i)

is substantially owned or controlled by a foreign country or any agency, instrumentality, or administrative unit thereof,

(ii)

is granted (formally or informally) any special or exclusive privilege by such foreign country, agency, instrumentality, or administrative unit, and

(iii)

purchases goods or services in international trade for any purpose other than the use of such goods or services by such foreign country, agency, instrumentality, or administrative unit, or which sells goods or services in international trade.

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. Omnibus Trade and Competitiveness Act of 1988

    Pub. L. 100–418 title I § 1107 · 102 Stat. 1107

    Enacted · 19 U.S.C. § 2906

    Pub. L. 100–418, title I, § 1107, Aug. 23, 1988, 102 Stat. 1134

    Source evidence

    Code source credit
    Pub. L. 100–418, title I, § 1107, Aug. 23, 1988, 102 Stat. 1134

    Enacted provision · exact public law section
    SEC. 1107. DEFINITIONS AND CONFORMING AMENDMENTS. (a) Definitions.— For purposes of this part: (1) The term “distortion” includes, but is not limited to, a subsidy. (2) The term “foreign country” includes any foreign instrumentality. Any territory or possession of a foreign country that is administered separately for customs purposes, shall be treated as a separate foreign country. (3) The term “GATT” means the General Agreement on Tariffs and Trade. (4) The term “implementing bill” has the meaning given such term in section 151(b)(1) of the Trade Act of 1974 (19 U.S.C. 2191(b)(1)). (5) The term “international trade” includes, but is not limited to— (A) trade in both goods and services, and (B) foreign direct investment by United States persons, especially if such investment has implications for trade in goods and services. (6) The term “state trading enterprise” means— (A) any agency, instrumentality, or administrative unit of a foreign country which— (i) purchases goods or services in international trade for any purpose other than the use of such goods or services by such agency, instrumentality, administrative unit, or foreign country, or (ii) sells goods or services in international trade; or (B) any business firm which— (i) is substantially owned or controlled by a foreign country or any agency, instrumentality, or administrative unit thereof, (ii) is granted (formally or informally) any special or exclusive privilege by such foreign country, agency, instrumentality, or administrative unit, and (iii) purchases goods or services in international trade for any purpose other than the use of such goods or services by such foreign country, agency, instrumentality, or administrative unit, or which sells goods or services in international trade. (b) Conforming Amendments.— (1) Section 151(b)(1) of the Trade Act of 1974 (19 U.S.C. 2191(b)(1)) is amended by striking out “section 102” and inserting “section 102 of this Act or section 1103(a)(1) of the Omnibus Trade and Competitiveness Act of 1988”. (2) Section 121 of the Trade Act of 1974 (19 U.S.C. 2131) is amended by striking out subsections (a), (b), and (c).

  2. Pub. L. 103–465 title VI § 621(a)(5) · 108 Stat. 4809

    Substituted · 19 U.S.C. § 2906(3)

    Pub. L. 103–465 substituted “the GATT 1947 (as defined in section 3501(1)(A) of this title)” for “the General Agreement on Tariffs and Trade”

    Source evidence

    Code amendment note
    Par. (3). Pub. L. 103–465 substituted “the GATT 1947 (as defined in section 3501(1)(A) of this title)” for “the General Agreement on Tariffs and Trade”.

    Enacted provision · exact public law section
    (5) Section 1107(a)(3) of the Omnibus Trade and Competitiveness Act of 1988 (19 U.S.C. 2906(3)) is amended by striking “the General Agreement on Tariffs and Trade” and inserting “the GATT 1947 (as defined in section 2(1)(A) 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 621(b) of Pub. L. 103–465, set out as a note under section 1677k of this title.

2 of 2 references resolved to an enrolled provision

Editorial Notes

References in Text

This chapter, referred to in text, was in the original “this part”, meaning part 1 (§§ 1101 to 1107) of subtitle A of title I of Pub. L. 100–418, which enacted this chapter and amended sections 2131, 2133, and 2191 of this title. For complete classification of part 1 to the Code, see Tables.

Codification

Section is comprised of subsec. (a) of section 1107 of Pub. L. 100–418. Subsec. (b) of section 1107 of Pub. L. 100–418 amended sections 2131 and 2191 of this title.

Amendments

1994—Par. (3). Pub. L. 103–465 substituted “the GATT 1947 (as defined in section 3501(1)(A) of this title)” for “the General Agreement on Tariffs and Trade”.

Statutory Notes and Related Subsidiaries

Effective Date of 1994 Amendment

Amendment by Pub. L. 103–465 effective on the date on which the WTO Agreement enters into force with respect to the United States (), see section 621(b) of Pub. L. 103–465, set out as a note under section 1677k of this title.

Credits

1988–1994 · 2 acts
  1. 1988Pub. L. 100–418, title I, § 1107, , 102 Stat. 1134
  2. 1994Pub. L. 103–465, title VI, § 621(a)(5), , 108 Stat. 4993.
Show as published

(Pub. L. 100–418, title I, § 1107, , 102 Stat. 1134; Pub. L. 103–465, title VI, § 621(a)(5), , 108 Stat. 4993.)

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USLM identifier /us/usc/t19/s2906