22 U.S.C. § 1354 — Quotas on Philippine articles

Page 338 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE §§ 1341 to 1348 SUBCHAPTER III—EXECUTIVE AGREEMENT BETWEEN UNITED STATES AND PHIL- IPPINES §§ 1341 to 1348. Omitted Editorial Notes CODIFICATION Section 1341, act Apr. 30, 1946, ch. 244, title IV, § 401, 60 Stat. 151, which provided authorization for an execu- tive agreement between United States and Republic of Philippines concerning trade and other related mat- ters, was omitted in view of expiration of revised agree- ment concerning trade and other related matters which occurred on July 4, 1974. Section 1342, act Apr. 30, 1946, ch. 244, title IV, § 402, 60 Stat. 152, specified obligations of Philippines. See note above for section 1341 of this title. Section 1343, act Apr. 30, 1946, ch. 244, title IV, § 403, 60 Stat. 153, specified obligations of United States. See note above for section 1341 of this title. Section 1344, act Apr. 30, 1946, ch. 244, title IV, § 404, 60 Stat. 153, related to provisions concerning termi- nation of agreement. See note above for section 1341 of this title. Section 1345, act Apr. 30, 1946, ch. 244, title IV, § 405, 60 Stat. 154, provided that upon expiration of agree- ment the provisions of subchapter I of this chapter shall cease to have effect. See note above for section 1341 of this title. Section 1346, act Apr. 30, 1946, ch. 244, title IV, § 406, 60 Stat. 154, related to interpretation of agreement. See note above for section 1341 of this title. Section 1347, act Apr. 30, 1946, ch. 244, title IV, § 407, 60 Stat. 154, related to termination of authority to make the agreement. See note above for section 1341 of this title. Section 1348, act Apr. 30, 1946, ch. 244, title IV, § 408, 60 Stat. 154, related to effective date of the agreement. See note above for section 1341 of this title. SUBCHAPTER IV—GENERAL PROVISIONS RELATING TO TRADE RELATIONS §§ 1351 to 1353. Omitted Editorial Notes CODIFICATION Section 1351, act Apr. 30, 1946, ch. 244, title V, § 501, 60 Stat. 155, which related to suspension and termination of trade agreement in case of discrimination, was omit- ted in view of the expiration of the revised agreement between the United States and the Republic of the Philippines which occurred on July 4, 1974. Section 1352, act Apr. 30, 1946, ch. 244, title V, § 502, 60 Stat. 155, which related to suspension of provisions of subchapter I of this chapter, was omitted on authority of former section 1345 of this title which nullified sub- chapter I of this chapter upon the expiration of the re- vised agreement between the United States and the Re- public of the Philippines which occurred on July 4, 1974. Section 1353, act Apr. 30, 1946, ch. 244, title V, § 503, 60 Stat. 156, related to customs duties on imports from Philippines during period subchapter I of this chapter was in effect. See note above for section 1352 of this title. § 1354. Quotas on Philippine articles (a) to (c) Omitted (d) Investigations by International Trade Com- mission The United States International Trade Com- mission shall at the request of the President, upon resolution of either House of Congress or concurrent resolution of both Houses of Con- gress, upon its own motion, or when in its judg- ment there is good reason therefor, upon appli- cation of any interested party, make an inves- tigation to ascertain (1) whether imports of a Philippine article (other than an article for which a quota is established by part 2 of sub- chapter I) are coming, or are likely to come, into substantial competition with like articles which are the product of the United States; (2) what is the greatest amount of such article which may be entered, or withdrawn from ware- house, in the United States for consumption, without coming into substantial competition with like articles which are the product of the United States; and (3) the total amount of such article which (during the twelve months ended on the last day of the month preceding the month in which occurs the date of the beginning of the investigation) was entered, or withdrawn from warehouse, in the United States for con- sumption. During the course of the investiga- tion the Commission shall hold a public hearing, of which reasonable public notice shall be given and at which parties interested shall be afforded reasonable opportunity to be present, to produce evidence, and to be heard. The Commission shall give precedence to such investigations. The Commission shall report the results of its inves- tigations to the President, and shall send copies of such report to each House of the Congress. (Apr. 30, 1946, ch. 244, title V, § 504, 60 Stat. 156; Pub. L. 93–618, title I, § 171(b), Jan. 3, 1975, 88 Stat. 2009.) SUSPENSION OF PROVISIONS Section not applicable during such time as the re- vised agreement between the United States and the Philippines is in effect, see section 1373 of this title. Editorial Notes REFERENCES IN TEXT Part 2 of subchapter I, referred to in subsec. (d), was omitted from the Code. See Codification note set out under section 1261 of this title. CODIFICATION Subsec. (a) of this section, which provided that the President establish quotas on Philippine articles, was omitted on authority of subsec. (c) of this section which provided that no quota so established continue in effect after the expiration of the executive agree- ment which expiration occurred on July 4, 1974. Subsec. (b) of this section, which provided for the maximum and minimum quotas, was omitted on authority of sub- sec. (c) of this section. Subsec. (c) provided for the du- ration of the quotas. AMENDMENTS 1975—Subsec. (d). Pub. L. 93–618 substituted ‘‘United States International Trade Commission’’ for ‘‘United States Tariff Commission’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Act Apr. 30, 1946, ch. 244, title V, § 512, 60 Stat. 158, provided that: ‘‘This Act [enacting subchapters I to IV of this chapter; sections 2470(a)(2) and 2800(a)(4)(B) of the Internal Revenue Code of 1939; and section 734 of Title 48, Territories and Insular Possessions] shall take effect on the day after the date of its enactment [Apr. Page 339 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 1357 30, 1946], except Part 2 of Title II [enacting sections 1261 to 1266 of this title], which shall take effect as of Janu- ary 1, 1946.’’ SHORT TITLE Act Apr. 30, 1946, ch. 244, title I, § 1, 60 Stat. 141, pro- vided that: ‘‘This Act [enacting subchapters I to IV of this chapter, amending section 1393 of this title, sec- tions 2470 and 2800 of the Internal Revenue Code of 1939, and section 734 of Title 48, Territories and Insular Pos- sessions, repealing section 1301 of Title 19, Customs Du- ties, sections 2476, and 3340 to 3343 of the Internal Rev- enue Code of 1939, and section 1243 of Title 48] may be cited as the ‘Philippine Trade Act of 1946’.’’ § 1355. Suspension of processing tax on coconut oil Whenever the President, after consultation with the President of the Philippines, finds that adequate supplies of neither copra nor coconut oil, the product of the Philippines, are readily available for processing in the United States, he shall so proclaim, and after the date of such proclamation the provisions of section 2470(a)(2) of the Internal Revenue Code shall be suspended until the expiration of 30 days after he pro- claims that, after consultation with the Presi- dent of the Philippines, he has found that such adequate supplies are so readily available. (Apr. 30, 1946, ch. 244, title V, § 505(b), 60 Stat. 157.) SUSPENSION OF PROVISIONS Section not applicable during such time as the re- vised agreement between the United States and the Philippines is in effect, see section 1373 of this title. Editorial Notes REFERENCES IN TEXT Section 2470(a)(2) of the Internal Revenue Code, re- ferred to in text, is a reference to section 2470(a)(2) of the Internal Revenue Code of 1939. Section 2470 was re- pealed by section 7851 of the Internal Revenue Code of 1954, Title 26, and was reenacted as sections 4511 and 4513 of Title 26. The Internal Revenue Code of 1954 was redesignated the Internal Revenue Code of 1986 by Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095. Sections 4511 and 4513 of Title 26 were repealed by Pub. L. 87–456, title III, § 302(d), May 24, 1962, 76 Stat. 77, effective Aug. 31, 1963. Executive Documents TERMINATION OF SUSPENSION OF ADDITIONAL RATE ON COCONUT OIL By Proc. No. 2847, July 28, 1949, 14 F.R. 4773, 63 Stat. 1279, the President found that ‘‘adequate supplies of copra and coconut oil, the product of the Philippines, are readily available for processing in the United States’’ and that upon the expiration of 30 days from July 28, 1949, the suspension of the provisions of section 2470(a)(2) of the Internal Revenue Code of 1939 will be terminated. SUSPENSION PROCLAMATION By Proc. No. 2693, June 28, 1946, 11 F.R. 7255, 60 Stat. 1349, the President found that ‘‘adequate supplies of neither copra nor coconut oil, the product of the Phil- ippines, are readily available for processing in the United States,’’ and therefore the provisions of section 2470(a)(2) of the Internal Revenue Code of 1939 are sus- pended. § 1356. Termination of payments into Philippine treasury Notwithstanding the provisions of section 4 of the Act of March 8, 1902 (32 Stat. 54, ch. 140), or of section 19 of the Act of March 24, 1934 (48 Stat. 456, ch. 84), as added to such Act by section 6 of the Act of August 7, 1939 (53 Stat. 1232, ch. 502), or of the Act of November 8, 1945 (59 Stat. 577, ch. 454) or of any other provision of law, the pro- ceeds of any duties or taxes, collected subse- quent to July 3, 1946, which but for the enact- ment of this Act would be required to be paid into the general funds of the Treasury of the Philippines or would be held in separate or spe- cial funds and paid into the Treasury of the Philippines, shall be covered into the general fund of the Treasury of the United States. (Apr. 30, 1946, ch. 244, title V, § 506(a), 60 Stat. 157.) SUSPENSION OF PROVISIONS Section not applicable during such time as the re- vised agreement between the United States and the Philippines is in effect, see section 1373 of this title. Editorial Notes REFERENCES IN TEXT Section 4 of the Act of March 8, 1902 (32 Stat. 54, ch. 140), referred to in text, was classified to section 123a of Title 19, Customs Duties, and was transferred to sec- tion 3343(b) of the Internal Revenue Code of 1939, and subsequently repealed by act Apr. 30, 1946, ch. 244, title V, § 506(b), 60 Stat. 157, eff. July 4, 1946. Section 19 of the Act of March 24, 1934 (48 Stat. 456, ch. 84), as added to such Act by section 6 of the Act of August 7, 1939 (53 Stat. 1232, ch. 502), referred to in text, was classified to section 1248 of Title 48, Territories and Insular Possessions, which was omitted from the Code. Act of November 8, 1945 (59 Stat. 577, ch. 454), referred to in text, was classified to section 1249 of Title 48, Ter- ritories and Insular Possessions, which was omitted from the Code. This Act, referred to in text, is act Apr. 30, 1946, ch. 244, 60 Stat. 141, known as the Philippine Trade Act of 1946, which is classified principally to subchapters I to IV of this chapter. Subchapters I, II, and III of this chapter were omitted from the Code. For complete classification of this Act to the Code, see Short Title note set out under section 1354 of this title and Tables. § 1357. Trade agreements with the Philippines Until July 4, 1974, no trade agreement shall be made with the Philippines under section 1351 of title 19, unless, prior to such time, the President of the United States has made the proclamation provided for in section 1347 of this title, or the executive agreement provided for in subchapter III of this chapter has been terminated. (Apr. 30, 1946, ch. 244, title V, § 508, 60 Stat. 158.) SUSPENSION OF PROVISIONS Section not applicable during such time as the re- vised agreement between the United States and the Philippines is in effect, see section 1373 of this title. Editorial Notes REFERENCES IN TEXT The executive agreement provided for in subchapter III of this chapter, referred to in text, expired July 4, 1974.