Page:United States Statutes at Large Volume 104 Part 5.djvu/347

 PUBLIC LAW 101-624—NOV. 28, 1990 104 STAT. 3669 "SECTION 1. SHORT TITLE. -'' ' fr«0Ofr^ ^ Agricultural Trade Act of "This Act may be cited as the 'Agricultural Trade Act of 1978'. 1978. 7 USC 5601 note. "TITLE I—GENERAL PROVISIONS "SEC. 101. PURPOSE. 7 USC 5601. "It is the purpose of this Act to increase the profitability of farming and to increase opportunities for United States farms and agricultural enterprises by— "(1) increasing the effectiveness of the Department of Agriculture in agricultural export policy formulation and implementation; "(2) improving the competitiveness of United States agricultural commodities and products in the world market; and "(3) providing for the coordination and efficient implementation of all agricultural export programs. "SEC. 102. DEFINITIONS. 7 USC 5602. "As used in this Act— "(1) AGRICULTURAL COMMODITY.— The term 'agricultural commodity' means any agricultural commodity, food, feed, or fiber, and any product thereof. "(2) DEVELOPING COUNTRY. —The term 'developing country' means a country that— "(A) has a shortage of foreign exchange earnings and has difficulty accessing sufficient commercial credit to meet all of its food needs, as determined by the Secretary; and "(B) has the potential to become a commercial market for agricultural commodities. "(3) SECRETARY. — The term 'Secretary' means the Secretary of Agriculture. "(4) SERVICE.—The term 'Service' means the Foreign Agricultural Service of the Department of Agriculture. "(5) UNFAIR TRADE PRACTICE. — "(A) IN GENERAL.— Subject to subparagraph (B), the term 'unfair trade practice' means any act, policy, or practice of a foreign country that— "(i) violates, or is inconsistent with, the provisions of, or otherwise denies benefits to the United States under, any trade agreement to which the United States is a party; or "(ii) is unjustifiable, unreasonable, or discriminatory and burdens or restricts United States commerce. "(B) CONSISTENCY WITH 1974 TRADE ACT.— Nothing in this Act may be construed to authorize the Secretary to make any determination regarding an unfair trade practice that is inconsistent with section 301 of the Trade Act of 1974 (19 U.S.C. 2411). "(6) UNITED STATES. —The term 'United States' includes each of the States, the District of Columbia, Puerto Rico, and the territories and possessions of the United States. "(7) UNITED STATES AGRICULTURAL COMMODITY.— The term 'United States agricultural commodity' means— "(A) with respect to any agricultural commodity other than a product of an agricultural commodity, an agricul-

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