22 U.S.C. § 1360 — Definitions

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 Page 341 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE §§ 1371, 1372 material to the United States, but does not in- clude the cost of landing it at the port of im- portation, or customs duties collected in the United States. For the purposes of this para- graph any imported material, used in the pro- duction of an article in the United States, shall be considered as having been used in the production of an article subsequently pro- duced in the United States, which is the prod- uct of a chain of production in the United States 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 subse- quent stage of the chain, as a material in the production of another article. (6) The term ‘‘United States duty’’ means the rate or rates of ordinary customs duty which (at the time and place of entry, or with- drawal from warehouse, in the United States for consumption, of the Philippine article) would be applicable to a like article if im- ported from that foreign country which is en- titled to the lowest rate, or the lowest aggre- gate of rates, of ordinary customs duty with respect to such like article. (7) The term ‘‘Philippine duty’’ means the rate or rates of ordinary customs duty which (at the time and place of entry, or withdrawal from warehouse, in the Philippines for con- sumption, of the United States article) would be applicable to a like article if imported from that foreign country which is entitled to the lowest rate, or the lowest aggregate of rates, of ordinary customs duty with respect to such like article. (8) The term ‘‘internal tax’’ includes an in- ternal fee, charge, or exaction, and includes— (A) 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; and the tax imposed by section 3500 of the Internal Revenue Code; and (B) any other tax, fee, charge, or exaction, imposed on or in connection with importa- tion 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. (b) For the purposes of sections 1271(b) and 1311(b) of this title, any material, used in the production of an article, shall be considered as having been used in the production of an article subsequently produced, which is the product of a chain of production in the course of which an ar- ticle, 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 another article. (c) For the purposes of paragraphs (6) and (7) of subsection (a) of this section— (1) if an article is entitled to be imported from a foreign country free of ordinary cus- toms duty, that country shall be considered as the country entitled to the lowest rate of ordi- nary customs duty with respect to such arti- cle; and (2) a reduction in ordinary customs duty granted any country, by law, treaty, trade agreement, or otherwise, with respect to any article, shall be converted into the equivalent reduction in the rate of ordinary customs duty otherwise applicable to such article. (d) The terms ‘‘includes’’ and ‘‘including’’ when used in a definition contained in sub- chapters I to IV of this chapter shall not be deemed to exclude other things otherwise within the meaning of the term defined. (Apr. 30, 1946, ch. 244, title I, § 2, 60 Stat. 141.) 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 subsecs. (a) and (d), 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 subchapters I to IV of this chapter. Sub- chapters I, II, and III of this chapter, which include sec- tions 1271 and 1311 of this title, referred to in subsec. (b), were omitted from the Code. For complete classi- fication of this Act to the Code, see Short Title note set out under section 1354 of this title and Tables. Sections 2470 and 2491(c) of the Internal Revenue Code, referred to in subsec. (a)(3)(E), (8)(A), are ref- erences to sections 2470 and 2491(c) of the Internal Rev- enue Code of 1939, which were repealed by section 7851 of the Internal Revenue Code of 1954, Title 26. The In- ternal Revenue Code of 1954 was redesignated the Inter- nal Revenue Code of 1986 by Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095. Section 2470 was reenacted as sec- tions 4511 and 4513 of Title 26, and section 2491 was reen- acted as part of sections 4581 and 4582 of Title 26. Sec- tions 4511, 4513, 4581, and 4582 of Title 26 were repealed by Pub. L. 87–456, title III, § 302(d), May 24, 1962, 76 Stat. 77, effective Aug. 31, 1963. Section 3500 of the Internal Revenue Code, referred to in subsec. (a)(3)(E), (8)(A), is reference to section 3500 of the Internal Revenue Code of 1939, which was repealed by section 7851 of the Internal Revenue Code of 1954, Title 26. The Internal Revenue Code of 1954 was redesig- nated the Internal Revenue Code of 1986 by Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095. See section 4501 of Title 26, Internal Revenue Code. Executive Documents ADMISSION OF ALASKA AND HAWAII TO STATEHOOD Alaska was admitted into the Union on Jan. 3, 1959, on issuance of Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat. c16, and Hawaii was admitted into the Union on Aug. 21, 1959, on issuance of Proc. No. 3309, Aug. 21, 1959, 24 F.R. 6868, 73 Stat. c74. For Alaska Statehood Law, see Pub. L. 85–508, July 7, 1958, 72 Stat. 339, set out as a note preceding section 21 of Title 48, Territories and Insular Possessions. For Hawaii Statehood Law, see Pub. L. 86–3, Mar. 18, 1959, 73 Stat. 4, set out as a note preceding section 491 of Title 48. SUBCHAPTER IV–A—TRADE RELATIONS UNDER REVISED AGREEMENT §§ 1371, 1372. Omitted Editorial Notes CODIFICATION Section 1371, act Aug. 1, 1955, ch. 438, title I, § 2, 69 Stat. 413, which defined revised agreement, was omitted