Chapter 13, Subchapter I, Section 2518 · 19 U.S.C. Chapter 13 — TRADE AGREEMENTS ACT OF 1979

Contents

2518Definitions#

As used in this subchapter—

(1)The term “Agreement” means the Agreement on Government Procurement referred to in section 3511(d)(17) of this title, as submitted to the Congress, but including rectifications, modifications, and amendments which are accepted by the United States.

(2)The term “civil aircraft and related articles” means—

(A)all aircraft other than aircraft to be purchased for use by the Department of Defense or the United States Coast Guard;

(B)the engines (and parts and components for incorporation therein) of such aircraft;

(C)any other parts, components, and subassemblies for incorporation in such aircraft; and

(D)any ground flight simulators, and parts and components thereof, for use with respect to such aircraft,

whether to be purchased for use as original or replacement equipment in the manufacture, repair, maintenance, rebuilding, modification, or conversion of such aircraft, and without regard to whether such aircraft or articles receive duty-free treatment pursuant to section 601(a)(2).

(3)The term “developed countries” means countries so designated by the President.

(4)

(A)The term “eligible product” means, with respect to any foreign country or instrumentality that is—

(i)a party to the Agreement, a product or service of that country or instrumentality which is covered under the Agreement for procurement by the United States;

(ii)Mexico, as a party to the USMCA (as defined in section 4502 of this title), a product or service of that country or instrumentality which is covered under the USMCA for procurement by the United States;

(iii)a party to a free trade agreement that entered into force with respect to the United States after December 31, 2003, and before January 2, 2005, a product or service of that country or instrumentality which is covered under the free trade agreement for procurement by the United States;

(iv)a party to the Dominican Republic-Central America-United States Free Trade Agreement, a product or service of that country or instrumentality which is covered under that Agreement for procurement by the United States;

(v)a party to a free trade agreement that entered into force with respect to the United States after December 31, 2005, and before July 2, 2006, a product or service of that country or instrumentality which is covered under the free trade agreement for procurement by the United States;

(vi)a party to the United States-Oman Free Trade Agreement, a product or service of that country or instrumentality which is covered under that Agreement for procurement by the United States;

(vii)a party to the United States-Peru Trade Promotion Agreement, a product or service of that country or instrumentality which is covered under that agreement for procurement by the United States;

(viii)a party to the United States–Korea Free Trade Agreement, a product or service of that country or instrumentality which is covered under that agreement for procurement by the United States;

(ix)a party to the United States–Colombia Trade Promotion Agreement, a product or service of that country or instrumentality which is covered under that agreement for procurement by the United States; or

(x)a party to the United States–Panama Trade Promotion Agreement, a product or service of that country or instrumentality which is covered under that agreement for procurement by the United States.

(B)An article is a product of a country or instrumentality only if (i) it is wholly the growth, product, or manufacture of that country or instrumentality, or (ii) in the case of an article which consists in whole or in part of materials from another country or instrumentality, it has been substantially transformed into a new and different article of commerce with a name, character, or use distinct from that of the article or articles from which it was so transformed.

(C)The term “eligible product” includes a product or service of Israel for which the United States is obligated to waive Buy National restrictions under—

(i)the Agreement on the Establishment of a Free Trade Area between the Government of the United States of America and the Government of Israel, regardless of the thresholds provided for in the Agreement (as defined in paragraph (1)), or

(ii)any subsequent agreement between the United States and Israel which lowers on a reciprocal basis the applicable threshold for entities covered by the Agreement.

(D)Except as otherwise agreed by the United States and Canada under paragraph 3 of article 1304 of the United States-Canada Free-Trade Agreement, the term “eligible product” includes a product or service of Canada having a contract value of $25,000 or more that would be covered for procurement by the United States under the Agreement (as defined in paragraph (1)), but for the thresholds provided for in the Agreement.

(5)The term “instrumentality” shall not be construed to include an agency or division of the government of a country, but may be construed to include such arrangements as the European Economic Community.

(6)The term “least developed country” means any country on the United Nations General Assembly list of least developed countries.

(7)The term “major industrial country” means any such country as defined in section 2136 of this title and any instrumentality of such a country.

United States Government work; public domain under 17 U.S.C. § 105.

Defined terms · 41

Show every defined term

agency
means a Federal department or agency (or combination of Federal departments or agencies).
Agreement
means the Agreement on Government Procurement referred to in section 3511(d)(17) of this title, as submitted to the Congress, but including rectifications, modifications, and amendments which are accepted by the United States.
animal
includes fish, bees, and wild fauna.
approval procedure
means any registration, notification, or other mandatory administrative procedure for— in a food, beverage, or feedstuff prior to permitting the use of the additive or the marketing of a food, beverage, or feedstuff containing the additive or contaminant.
civil aircraft and related articles
means— whether to be purchased for use as original or replacement equipment in the manufacture, repair, maintenance, rebuilding, modification, or conversion of such aircraft, and without regard to whether such aircraft or articles receive duty-free treatment pursuant to section 601(a)(2).
Commissioner
means the Commissioner of Food and Drugs.
conformity assessment procedure
means any procedure used, directly or indirectly, to determine that relevant requirements in technical regulations or standards are fulfilled.
contaminant
includes pesticide and veterinary drug residues and extraneous matter.
control or inspection procedure
means any procedure used, directly or indirectly, to determine that a sanitary or phytosanitary measure is fulfilled, including sampling, testing, inspection, evaluation, verification, monitoring, auditing, assurance of conformity, accreditation, registration, certification, or other procedure involving the physical examination of a good, of the packaging of a good, or of the equipment or facilities directly related to production, marketing, or use of a good, but does not mean an approval procedure.
developed countries
means countries so designated by the President.
eligible product
includes a product or service of Israel for which the United States is obligated to waive Buy National restrictions under—
Federal agency
means any of the following within the meaning of chapter 2 of part I of title 5:
import license
means any documentation used to administer a quantitative restriction imposed or modified after July 26, 1979 under—
international conformity assessment procedure
means a conformity assessment procedure that is adopted by an international standards organization.
international standard
means a standard, guideline, or recommendation—
international standard-setting organization
means an organization consisting of representatives of 2 or more countries, the purpose of which is to negotiate, develop, promulgate, or amend an international standard.
international standards organization
means any organization—
international standards-related activity
means the negotiation, development, or promulgation of, or any amendment or change to, an international standard, or an international conformity assessment procedure, or both.
least developed country
means any country on the United Nations General Assembly list of least developed countries.
major industrial country
means any such country as defined in section 2136 of this title and any instrumentality of such a country.
Member
means a WTO member as defined in section 3501(10) of this title.
NAFTA
means the North American Free Trade Agreement.
objective
includes— but does not include the protection of domestic production.
organization member
means the private person who holds membership in a private international standards organization.
plant
includes wild flora.
private international standards organization
means any international standards organization before which the interests of the United States are represented by a private person who is officially recognized by that organization for such purpose.
private person
means—
product
means any natural or manufactured item.
risk assessment
means an evaluation of—
sanitary or phytosanitary measure
means a measure to—
sanitary or phytosanitary standard
means a standard intended to form a basis for a sanitary or phytosanitary measure.
Secretary concerned
means the Secretary of Commerce with respect to functions under this subchapter relating to nonagricultural products, and the Secretary of Agriculture with respect to functions under this subchapter relating to agricultural products.
service
means a land transportation service or a telecommunications service.
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.
standards-related activity
means the development, adoption, or application of any standard, technical regulation, or conformity assessment procedure.
standards-related measure
means a standard, technical regulation, or conformity assessment procedure.
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.
State agency
means any department, agency, or other instrumentality of the government of any State or of any political subdivision of any State.
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.
telecommunications service
means a service provided by means of the transmission and reception of signals by any electromagnetic means, but does not mean the cable, broadcast, or other electromagnetic distribution of radio or television programming to the public generally.
Trade Representative
means the United States Trade Representative.