U.S. Code » Title 19 » Chapter CHAPTER 12— TRADE ACT OF 1974 › Subchapter SUBCHAPTER II— RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION › Part Part 6— Adjustment Assistance for Farmers

19 U.S.C. § 2401

Definitions

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In this part:(1) Agricultural commodity

The term “agricultural commodity” means any agricultural commodity (including livestock) in its raw or natural state.

(2) Agricultural commodity producer

The term “agricultural commodity producer” has the same meaning as the term “person” as prescribed by regulations promulgated under section 1308(e) of title 7 (before the amendment made by section 1703(a) 11 See References in Text note below. of the Food, Conservation, and Energy Act of 2008).

(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.

(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.)Termination of Assistance

For termination of assistance under this part after June 30, 2022, see Termination Date note below.

Editorial NotesReferences in Text

Section 1703(a) of the Food, Conservation, and Energy Act of 2008, referred to in par. (2), probably should be a reference to section 1603 of Pub. L. 110–246, because Pub. L. 110–246 does not contain a section 1703, and subsec. (b)(3) of section 1603 of Pub. L. 110–246 amended section 1308 of Title 7, Agriculture, by striking out subsec. (e), which had related to issuance of regulations defining “person”.

Codification

Section reflects the July 1, 2021, reversion to provisions in effect on Jan. 1, 2014. See Effective and Termination Dates of 2015 Revival note below.

Section 233 of Pub. L. 112–40, which provided for the Jan. 1, 2014, revival of this section as in effect on Feb. 13, 2011, was repealed by Pub. L. 114–27, title IV, § 402(a), June 29, 2015, 129 Stat. 374, and the provisions of this section, as in effect on Dec. 31, 2013, were temporarily revived, effective June 29, 2015, until July 1, 2021, by Pub. L. 114–27, §§ 402(b), (c), 406. See 2011 and 2015 Amendment notes, Effective and Termination Dates of 2011 Revival notes, and Effective and Termination Dates of 2015 Revival notes below.

Section 1893 of Pub. L. 111–5, which provided for Feb. 13, 2011, termination of amendment by Pub. L. 111–5, was repealed by Pub. L. 112–40, title II, § 201(a), Oct. 21, 2011, 125 Stat. 403, and the provisions of this section, as amended by Pub. L. 111–5 and as in effect on Feb. 12, 2011, were temporarily revived, effective Oct. 21, 2011, until Jan. 1, 2014, by Pub. L. 112–40, §§ 201(b), (c), 233. See 2009 and 2011 Amendment notes, Effective and Termination Dates of 2009 Amendment notes, and Effective and Termination Dates of 2011 Revival notes below.

Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246.

Amendments

2015—Pub. L. 114–27, §§ 402(b), (c), 406, temporarily revived the provisions of this section, as in effect on Dec. 31, 2013. See Codification note above and 2011 Amendment and Effective and Termination Dates of 2015 Revival notes below.

2014—Par. (2). Pub. L. 113–79, § 1609(b)(1), amended language inserted by Pub. L. 110–246, § 1603(g)(6). See 2008 Amendment note below.

2011—Pub. L. 112–40, §§ 201(b), (c), 233, temporarily revived the provisions of this section, as in effect on Feb. 12, 2011. See Codification note above and 2009 Amendment and Effective and Termination Dates of 2011 Revival notes below.

2009—Par. (1). Pub. L. 111–5, §§ 1881(1), 1893, temporarily amended par. (1) generally. Prior to amendment, text read as follows: “The term ‘agricultural commodity’ means any agricultural commodity (including livestock) in its raw or natural state.” See Codification note above and Effective and Termination Dates of 2009 Amendment note below.

Par. (2). Pub. L. 111–5, §§ 1881(2), 1893, temporarily amended par. (2) generally. Prior to amendment, text read as follows: “The term ‘agricultural commodity producer’ has the same meaning as the term ‘person’ as prescribed by regulations promulgated under section 1308(e) of title 7 (before the amendment made by section 1603(a) of the Food, Conservation, and Energy Act of 2008).” See Codification note above and Effective and Termination Dates of 2009 Amendment note below.

Par. (7). Pub. L. 111–5, §§ 1881(3), 1893, temporarily added par. (7). See Codification note above and Effective and Termination Dates of 2009 Amendment note below.

2008—Par. (2). Pub. L. 110–246, § 1603(g)(6), as amended by Pub. L. 113–79, § 1609(b)(1), inserted “(before the amendment made by section 1603(a) of the Food, Conservation, and Energy Act of 2008)” before period at end.

2006—Par. (2). Pub. L. 109–280 substituted “1308(e)” for “1308(5)”.

Statutory Notes and Related SubsidiariesEffective and Termination Dates of 2015 Revival

For revival and applicability, beginning on June 29, 2015, of the provisions of this section as in effect on Dec. 31, 2013, see section 402(b), (c) of Pub. L. 114–27, set out as a note preceding section 2271 of this title.

For reversion, beginning on July 1, 2021, to the provisions of this section as in effect on Jan. 1, 2014, with certain exceptions and subject to section 406(b) of Pub. L. 114–27, see section 406 of Pub. L. 114–27, set out as a note preceding section 2271 of this title.

Effective Date of 2014 Amendment

Amendment by Pub. L. 113–79 effective as if included in Pub. L. 110–246, see section 1609(b)(2) of Pub. L. 113–79, set out as a note under section 1471g of Title 7, Agriculture.

Effective and Termination Dates of 2011 Revival

For revival and applicability, beginning on Oct. 21, 2011, of the provisions of this section as in effect on Feb. 12, 2011, see section 201(b), (c) of Pub. L. 112–40, set out as a note preceding section 2271 of this title.

Section 233 of Pub. L. 112–40, formerly set out as a note preceding section 2271 of this title, which provided for the reversion, beginning on Jan. 1, 2014, of the provisions of this section to those in effect on Feb. 13, 2011, subject to certain exceptions, was repealed by Pub. L. 114–27, title IV, § 402(a), June 29, 2015, 129 Stat. 374, effective June 29, 2015. See Codification note above.

Effective and Termination Dates of 2009 Amendment

Except as otherwise provided and subject to certain applicability provisions, amendment by Pub. L. 111–5 effective upon the expiration of the 90-day period beginning on Feb. 17, 2009, see section 1891 of Pub. L. 111–5, set out as a note under section 2271 of this title.

Section 1893 of Pub. L. 111–5, formerly set out as a Termination Date of 2009 Amendment note preceding section 2271 of this title, which provided that, except as otherwise provided, amendment by Pub. L. 111–5 not applicable on or after Feb. 13, 2011, and that this section be applied and administered beginning Feb. 13, 2011, as if amendment by Pub. L. 111–5 had never been enacted, was repealed by Pub. L. 112–40, title II, § 201(a), Oct. 21, 2011, 125 Stat. 403, effective Oct. 21, 2011. See Codification note above.

Effective Date of 2008 Amendment

Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of Title 7, Agriculture.

Effective Date of 2006 Amendment

Amendment by Pub. L. 109–280 applicable with respect to goods entered, or withdrawn from warehouse for consumption, on or after the 15th day after Aug. 17, 2006, see section 1641 of Pub. L. 109–280, set out as a note under section 58c of this title.

Effective Date

Pub. L. 107–210, div. A, title I, § 141(b), Aug. 6, 2002, 116 Stat. 953, as amended by Pub. L. 108–429, title II, § 2004(a)(10), Dec. 3, 2004, 118 Stat. 2590, provided that: “The amendments made by this subtitle [subtitle C [§§ 141 to 143] of title I of Pub. L. 107–210, enacting this part and amending section 2395 of this title] shall take effect on the date that is 180 days after the date of enactment of this Act [Aug. 6, 2002].”

Termination Date

Except as otherwise provided, technical assistance and financial assistance may not be provided under this part after June 30, 2022, see section 285 of Pub. L. 93–618, as modified by section 406(a)(7) of Pub. L. 114–27, set out as notes preceding section 2271 of this title.

Notes of Decisions
Cited in 21 cases, 2005–2008 · leading case: Ron Steen v. United States, 468 F.3d 1357 (Fed. Cir. 2006).
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Ron Steen v. United States, 468 F.3d 1357 (Fed. Cir. 2006). · cites it 4× “933, 946-53, codified at 19 U.S.C. §§ 2401 a-2401 g. In somewhat simplified summary, the pertinent statutory scheme operates as follows: A group of producers of a particular agricultural commodity who feel they have been adversely affected by imports of agricultural products are…”
O'Toole v. U.S. Sec'y of Agric., 471 F. Supp. 2d 1323 (Ct. Intl. Trade 2007). · cites it 6× “See generally 19 U.S.C. §§ 2401 , 2401a-g (Supp. III 2003) 3 ; *1326 USDA Fact Sheet, Trade Adjustment Assistance for Farmers (Aug.”
Anderson v. United States Sec'y of Agric., 462 F. Supp. 2d 1333 (Ct. Intl. Trade 2006). · cites it 2× “In particular, a producer qualifies for assistance only if “the producer’s net farm income (‘as determined by the Secretary [of Agriculture]’) for the most recent year is less than the producer’s net farm income for the latest year in which no adjustment assistance was received…”
Viet Do v. United States Sec'y of Agric., 427 F. Supp. 2d 1224 (Ct. Intl. Trade 2006). · cites it 2× “See 19 U.S.C. § 2401 ; 148 Cong. Rec. S3530, 3536 (2002); 147 Cong.”
Former Employees of BMC Software, Inc. v. United States Sec'y of Labor, 454 F. Supp. 2d 1306 (Ct. Intl. Trade 2006). “” See generally 19 U.S.C. § 2401 et seq. (Supp. II 2002).”
Cabana v. United States Sec'y of Agric., 427 F. Supp. 2d 1232 (Ct. Intl. Trade 2006). · cites it 2× “To determine whether the Secretary’s interpretation and application of 19 U.S.C. §§ 2401 -2401g is “in accordance with law,” the Court must undertake the two-step analysis prescribed by Chevron U.”
Lady Kim T. Inc. v. United States Sec'y of Agric., 469 F. Supp. 2d 1262 (Ct. Intl. Trade 2006). “also 19 U.S.C. § 2401 etseq. 2 . As a Subchapter S corporation, Lady Kim filed its tax returns using IRS Form 1120S.”
Dus & Derrick, Inc. v. United States Sec'y of Agric., 469 F. Supp. 2d 1326 (Ct. Intl. Trade 2007). “According to the regulations, however, in order to be a "qualified fisherman,” the applicant must be a "person whose catch competes in the marketplace with like or directly competitive aquaculture products and report[s] net fishing income to the Internal Revenue Service.”
Lady Kim T. Inc. v. United States Sec'y of Agric., 491 F. Supp. 2d 1366 (Ct. Intl. Trade 2007). “953 (2002); see also 19 U.S.C. § 2401 et. seq. 2 . The Court applies the default standard of review set forth in the Administrative Procedure Act because the TAA statute is silent on questions of law.”
Truong v. United States Sec'y of Agric., 461 F. Supp. 2d 1349 (Ct. Intl. Trade 2006). · cites it 5× “933 , 946 (2002), as codified 19 U.S.C. § 2401 (e) (West Supp.2005). See Trade Adjustment Assistance for Farmers, 69 Fed.”
Kyong Truong v. United States Sec'y of Agric., 30 Ct. Int'l Trade 1512 (Ct. Intl. Trade 2006). · cites it 5× “933 , 946 (2002), as codified 19 U.S.C. § 2401 (e) (West Supp. 2005). See Trade Adjustment Assistance for Farmers, 69 Fed.”
Truong v. United States Sec'y of Agric., 484 F. Supp. 2d 1324 (Ct. Intl. Trade 2007). “933 , 946 (2002), 19 U.S.C. § 2401 (e) (West Supp.2005). See Trade Adjustment Assistance for Farmers, 69 Fed.”
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