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Title 7 — Agriculture

Chapter 87 — Export Promotion

§ 5652. Relief from unfair trade practices

Statutory text

(a)

Use of programs

(1)

In general

The Secretary may, for each article described in paragraph (2), make available some or all of the commercial export promotion programs of the Department of Agriculture and the Commodity Credit Corporation to help mitigate or offset the effects of the unfair trade practice serving as the basis for the proceeding described in paragraph (2).

(2)

Commodities specified

Paragraph (1) shall apply in the case of articles for which the United States has instituted, under any international trade agreement, any dispute settlement proceeding based on an unfair trade practice if such proceeding has been prevented from progressing to a decision by the refusal of the party maintaining the unfair trade practice to permit the proceeding to progress.

(b)

Consultations required

For any article described in subsection (a)(2), the Secretary shall—

(1)

promptly consult with representatives of the industry producing such articles and other allied groups or individuals regarding specific actions or the development of an integrated marketing strategy utilizing some or all of the commercial export programs of the Department of Agriculture and the Commodity Credit Corporation to help mitigate or offset the effects of the unfair trade practice identified in subsection (a)(2); and

(2)

ascertain and take into account the industry preference for the practical use of available commercial export promotion programs in implementing subsection (a)(1).

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. Agricultural Trade Act of 1978

    Pub. L. 95–501 title III § 301 · 92 Stat. 1685

    Enacted · 7 U.S.C. § 5652

    Pub. L. 95–501, title III, § 301, formerly § 302, as added Pub. L. 101–624, title XV, § 1531, Nov. 28, 1990, 104 Stat. 3680

    Source evidence

    Code source credit
    Pub. L. 95–501, title III, § 301, formerly § 302, as added Pub. L. 101–624, title XV, § 1531, Nov. 28, 1990, 104 Stat. 3680

    Enacted provision · exact public law section
    Sec. 301. Title VI of the Act of August 28, 1954 (68 Stat. 908–910, as amended; 7 U.S.C. 1761–1768), is amended by— (1) amending the title designation to read as follows: “TITLE VI— FOREIGN MARKET DEVELOPMENT”; (2) inserting immediately before section 601 the subtitle designation as follows: “Subtitle A— General Provisions; Agricultural Counselors and Agricultural Attaches”; (3) in section 601, striking out “agricultural products” wherever that phrase appears therein and inserting in lieu thereof “agricultural commodities”, and striking out “said products” and inserting in lieu thereof “such commodities”; (4) in sections 602(a), 602(e), 604, and 605, striking out “this title” wherever that phrase appears therein and inserting in lieu thereof “this subtitle”; (5) amending section 602(b) to read as follows: “(b) Officers or employees assigned or appointed to posts abroad under this subtitle shall have the designation of Agricultural Counselor, Agricultural Attaché, or such other titles or designations that shall be agreed to by the Secretary of State and the Secretary of Agriculture, and shall be accorded the same rank and privileges as those Agricultural Counselor. of other counselors or attachés in United States embassies. An Agricultural Counselor shall be appointed in any nation— “(1) to which a substantial number of governments with which the United States competes directly for agricultural markets in such nation assign agricultural representatives with the diplomatic status of counselor or its equivalent; or “(2) in which— “(A) the potential is great for long-term expansion of a market for United States agricultural commodities, and “(B) competition with other nations for existing and potential agricultural markets is extremely intense. Not less than ten Agricultural Counselors shall be appointed within three years after the date of enactment of the Agricultural Trade Act Ante, p. 1685. of 1978.”; and (6) adding at the end of section 604 a new subsection (c) as follows: Availability of Federal agency services, personnel, and facilities. “(c) Upon the request of the Secretary of Agriculture, each Federal agency may make its services, personnel, and facilities available to officers and employees appointed and assigned to a post abroad under this subtitle in the performance of the functions of such officers and employees. The Secretary of Agriculture may reimburse or advance funds to any such agency for services, personnel, and facilities so made available.”.

1 of 1 references resolved to an enrolled provision

Editorial Notes

Prior Provisions

A prior section 301 of Pub. L. 95–501 was classified to section 5651 of this title prior to repeal by Pub. L. 110–246.

Another prior section 301 of Pub. L. 95–501 amended sections 1761, 1762, 1764, and 1765 of this title prior to the complete revision of Pub. L. 95–501 by Pub. L. 101–624.

Credits

1990–2008 · 2 acts
  1. 1990Pub. L. 95–501, title III, § 301, formerly § 302, as added Pub. L. 101–624, title XV, § 1531, , 104 Stat. 3680
  2. 2008renumbered § 301, Pub. L. 110–246, title III, § 3103(b)(2), , 122 Stat. 1832.
Show as published

(Pub. L. 95–501, title III, § 301, formerly § 302, as added Pub. L. 101–624, title XV, § 1531, , 104 Stat. 3680; renumbered § 301, Pub. L. 110–246, title III, § 3103(b)(2), , 122 Stat. 1832.)

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