Page:United States Statutes at Large Volume 116 Part 1.djvu/316

 116 STAT. 290 PUBLIC LAW 107-171—MAY 13, 2002 "(A) give equal consideration to— "(i) proposals submitted by organizations that were participating organizations in prior fiscal years; and "(ii) proposals submitted by eligible trade organizations that have not previously participated in the program established under this title; and "(B) give equal consideration to— "(i) proposals submitted for activities in emerging markets; and "(ii) proposals submitted for activities in markets other than emerging markets.". SEC. 3104. EXPORT ENHANCEMENT PROGRAM. (a) IN GENERAL.—Section 301(e)(1)(G) of the Agricultural Trade Act of 1978 (7 U.S.C. 5651(e)(1)(G)) is amended by striking "fiscal year 2002" and inserting "each of fiscal years 2002 through 2007". (b) UNFAIR TRADE PRACTICES. — Section 102(5)(A) of the Agricultural Trade Act of 1978 (7 U.S.C. 5602(5)(A)) is amended— (1) in clause (i), by striking "or" at the end; and (2) by striking clause (ii) and inserting the following: "(ii) in the case of a monopolistic state trading enterprise engaged in the export sale of an agricultural commodity, implements a pricing practice that is inconsistent with sound commercial practice; "(iii) provides a subsidy that— "(I) decreases market opportunities for United States exports; or "(II) unfairly distorts an agricultural market to the detriment of United States exporters; "(iv) imposes an unfair technical barrier to trade, including— "(I) a trade restriction or commercial requirement (such as a labeling requirement) that adversely affects a new technology (including biotechnology); and "(II) an unjustified sanitary or phytosanitary restriction (including any restriction that, in violation of the Uruguay Round Agreements, is not based on scientific principles; "(v) imposes a rule that unfairly restricts imports of United States agricultural commodities in the administration of tariff rate quotas; or "(vi) fails to adhere to, or circumvents any obligation under, any provision of a trade agreement with the United States.". SEC. 3105. FOREIGN MARKET DEVELOPMENT COOPERATOR PROGRAM. (a) VALUE-ADDED PRODUCTS. — (1) IN GENERAL. —Section 702(a) of the Agricultural Trade Act of 1978 (7 U.S.C. 5722(a)) is amended by inserting ", with a continued significant emphasis on the importance of the export of value-added United States agricultural products into emerging markets" after "products". (2) REPORT TO CONGRESS.— Section 702 of the Agricultural Trade Act of 1978 (7 U.S.C. 5722) is amended by adding at the end the following: "(c) REPORT TO CONGRESS.— The Secretary shall annually submit to the Committee on Agriculture and the Committee on

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