19 USC 2401 - Definitions

United States Code

USC most recently checked for updates: May 28, 2023

Part 5 -

§ 2401a. Petitions; group eligibility

U.S. Code
Notes

§ 2401.

Definitions

In this part:

(1)

Agricultural commodity

The term “agricultural commodity” includes—

(A)

any agricultural commodity (including livestock) in its raw or natural state;

(B)

any class of goods within an agricultural commodity; and

(C)

in the case of an agricultural commodity producer described in paragraph (2)(B), wild-caught aquatic species.

(2)

Agricultural commodity producer

The term “agricultural commodity producer” means—

(A)

a person that shares in the risk of producing an agricultural commodity and that is entitled to a share of the commodity for marketing, including an operator, a sharecropper, or a person that owns or rents the land on which the commodity is produced; or

(B)

a person that reports gain or loss from the trade or business of fishing on the person’s annual Federal income tax return for the taxable year that most closely corresponds to the marketing year with respect to which a petition is filed under section 2401a of this title.

(3)

Contributed importantly

(A)

In general

The term “contributed importantly” means a cause which is important but not necessarily more important than any other cause.

(B)

Determination of contributed importantly

The determination of whether imports of articles like or directly competitive with an agricultural commodity with respect to which a petition under this part was filed contributed importantly to a decline in the price of the agricultural commodity shall be made by the Secretary.

(4)

Duly authorized representative

The term “duly authorized representative” means an association of agricultural commodity producers.

(5)

National average price

The term “national average price” means the national average price paid to an agricultural commodity producer for an agricultural commodity in a marketing year as determined by the Secretary.

(6)

Secretary

The term “Secretary” means the Secretary of Agriculture.

(7)

Marketing year

The term “marketing year” means—

(A)

a marketing year designated by the Secretary with respect to an agricultural commodity; or

(B)

in the case of an agricultural commodity with respect to which the Secretary does not designate a marketing year, a calendar year.

(Pub. L. 93–618, title II, § 291, as added Pub. L. 107–210, div. A, title I, § 141(a), Aug. 6, 2002, 116 Stat. 946; amended Pub. L. 109–280, title XIV, § 1635(f)(4), Aug. 17, 2006, 120 Stat. 1171; Pub. L. 110–234, title I, § 1603(g)(6), May 22, 2008, 122 Stat. 1012; Pub. L. 110–246, § 4(a), title I, § 1603(g)(6), June 18, 2008, 122 Stat. 1664, 1740; Pub. L. 111–5, div. B, title I, § 1881, Feb. 17, 2009, 123 Stat. 414; Pub. L. 112–40, title II, § 201(b), (c), Oct. 21, 2011, 125 Stat. 403; Pub. L. 113–79, title I, § 1609(b)(1), Feb. 7, 2014, 128 Stat. 709; Pub. L. 114–27, title IV, § 402(b), (c), June 29, 2015, 129 Stat. 374.)

cite as: 19 USC 2401