Unfair trade practice

 - 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; (ii) in the case of a monopolistic state trading   958   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.

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