Section 773.102 - DefinitionsAs used in this act:
(1) The word "discriminates" means any act, regulation, or policy of a foreign country which, directly or indirectly(i) prevents the importation, sale or use of any supplies, materials or equipment manufactured in this Commonwealth;(ii) grants or bestows a preference, discount or other competitive advantage to supplies, materials or equipment manufactured in the foreign country, the effect whereof is to place similar supplies, materials or equipment manufactured in this Commonwealth at a competitive disadvantage.(iii) restricts the opportunities for persons having a business situs in this Commonwealth to bid on or compete for government contracts, including but not limited to a preference for residents of the foreign country;(iv) solicits for, awards or negotiates public works contracts on a selective tender basis;(v) imposes discriminatory duties, tariffs, or border taxes on the importation of supplies, materials, or equipment not produced in the foreign country, the effect whereof is to place supplies, materials, or equipment manufactured in this Commonwealth at a competitive disadvantage with like goods manufactured in any foreign country;(vi) adopts or condones any other unfair method of competition in international trade, including but not limited to, the exportation of aluminum or steel products made in the foreign country through cartels or the subsidization of said products.(2) The word "person" means natural persons, corporations, partnerships, business units, and associations existing under or authorized by the laws of either the United States, the laws of any of the territories, or the laws of any state.(3) The words "public agency" mean:(i) counties, cities, boroughs, townships, school districts, and any other governmental unit or district;(ii) the General State Authority, the State Public School Building Authority, the State Highway and Bridge Authority, and any other authority now in existence or hereafter created or organized by the Commonwealth;(iii) all municipal or school or other authorities now in existence or hereafter created or organized by any county, city, borough, township or school district or combination thereof; and(iv) any and all other public bodies, authorities, officers, agencies or instrumentalities, whether exercising a governmental or proprietary function.(4) The words "public works" mean any structure, building, highway, waterway, street, bridge, pier, transit car or system, airport or other betterment, work or improvement whether of a permanent or temporary nature and whether for governmental or proprietary use contracted for by any public agency or financed in whole or in part by any public agency.(5) The words "aluminum or steel products made in a foreign country" mean aluminum or steel products rolled, formed, shaped, drawn, extruded, forged, cast, fabricated or otherwise similarly processed, or processed by a combination of two or more of such operations, from aluminum or steel not made in the United States.(6) Repealed by 1978, April 28, P.L. 202, No. 53, § 2(a) [1419], effective June 27, 1978.(7) The word "importer" means any person registered in the Commonwealth and doing business in the Commonwealth who engages in the receiving, storing, distributing, or other processing of aluminum or steel products made in a foreign country; or who engages in the solicitation or acceptance of orders or contracts for the furnishing of or supplying of aluminum or steel products made in a foreign country.1968, July 23, P.L. 686, No. 226, § 2. Affected 1978, April 28, P.L. 202, No. 53, § 2(a) [1419], effective 6/27/1978.