22 U.S.C. § 1358 — Rights of third countries

Page 340 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 1358 § 1358. Rights of third countries The benefits granted by subchapters I to IV of this chapter, and by the executive agreement provided for in subchapter III, to the Phil- ippines, Philippine articles or products, and Philippine citizens, shall not, by reason of any provision of any existing treaty or agreement with any third country, be extended to such country or its products, citizens, or subjects. (Apr. 30, 1946, ch. 244, title V, § 509, 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 Subchapters I to IV of this chapter, referred to in text, was in the original ‘‘this Act’’, meaning act Apr. 30, 1946, ch. 244, 60 Stat. 141, known as the Philippine Trade Act of 1946, which is classified principally to sub- chapters 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. The executive agreement provided for in subchapter III of this chapter, referred to in text, expired July 4, 1974. § 1359. Omitted Editorial Notes CODIFICATION Section, act Apr. 30, 1946, ch. 244, title V, § 510, 60 Stat. 158, related to administration of subchapter I of this chapter. See Codification note for section 1352 of this title. § 1360. Definitions (a) For the purposes of subchapters I to IV of this chapter— (1) The term ‘‘person’’ includes partnerships, corporations, and associations. (2) The term ‘‘United States’’, when used in a geographical sense, means the States, the District of Columbia, the Territories of Alaska and Hawaii, and Puerto Rico. (3) The term ‘‘ordinary customs duty’’ means a customs duty based on the article as such (whether or not such duty is also based in any manner on the use, value, or method of production of the article, or on the amount of like articles imported, or on any other factor); but does not include— (A) a customs duty based on an act or omission of any person with respect to the importation of the article, or of the country from which the article is exported, or from which it comes; or (B) a countervailing duty imposed to offset a subsidy, bounty, or grant; or (C) an anti-dumping duty imposed to offset the selling of merchandise for exportation at a price less than the prevailing price in the country of export; or (D) any tax, fee, charge, or exaction, im- posed on or in connection with importation unless the law of the country imposing it designates or imposes it as a customs duty or contains a provision to the effect that it shall be treated as a duty imposed under the customs laws; or (E) the tax imposed by section 2491(c) of the Internal Revenue Code with respect to an article, merchandise, or combination, 10 per centum or more of the quantity by weight of which consists of, or is derived di- rectly or indirectly from, one or more of the oils, fatty acids, or salts specified in section 2470 of the Internal Revenue Code; or the tax imposed by section 3500 of the Internal Rev- enue Code. (4) The term ‘‘Philippine article’’ means an article which is the product of the Philippines, unless, in the case of an article produced with the use of materials imported into the Phil- ippines from any foreign country (except the United States) the aggregate value of such im- ported materials at the time of importation into the Philippines was more than twenty per centum of the value of the article imported into the United States, the value of such arti- cle to be determined in accordance with, and as of the time provided by, the customs laws of the United States in effect at the time of importation of such article. As used in this paragraph the term ‘‘value’’, when used in ref- erence to a material imported into the Phil- ippines, includes the value of the material ascertained under the customs laws of the Philippines in effect at the time of importa- tion into the Philippines, and, if not included in such value, the cost of bringing the mate- rial to the Philippines, but does not include the cost of landing it at the port of importa- tion, or customs duties collected in the Phil- ippines. For the purposes of this paragraph any imported material, used in the production of an article in the Philippines, shall be con- sidered as having been used in the production of an article subsequently produced in the Philippines, which is the product of a chain of production in the Philippines in the course of which an article, which is the product of one stage of the chain, is used by its producer or another person, in a subsequent stage of the chain, as a material in the production of an- other article. (5) The term ‘‘United States article’’ means an article which is the product of the United States, unless, in the case of an article pro- duced with the use of materials imported into the United States from any foreign country (except the Philippines) the aggregate value of such imported materials at the time of impor- tation into the United States was more than twenty per centum of the value of the article imported into the Philippines, the value of such article to be determined in accordance with, and as of the time provided by, the cus- toms laws of the Philippines in effect at the time of importation of such article. As used in this paragraph the term ‘‘value’’, when used in reference to a material imported into the United States, includes the value of the mate- rial ascertained under the customs laws of the United States in effect at the time of importa- tion into the United States, and, if not in- cluded in such value, the cost of bringing the