§ 1395. — Definitions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC1395]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 15--THE REPUBLIC OF THE PHILIPPINES
SUBCHAPTER VI--MISCELLANEOUS PROVISIONS
Sec. 1395. Definitions
(a) As used in sections 1393 and 1394 of this title--
(1) The term ``United States'', when used in a geographical
sense, but not the term ``continental United States'', includes all
Territories and possessions of the United States, other than the
Philippines.
(2) The term ``cordage'' includes yarns, twines (including
binding twine described in paragraph 1622 \1\ of section 1201 of
title 19), cords, cordage, rope and cable, tarred or untarred,
wholly or in chief value of manila (abaca) or other hard fiber.
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\1\ See References in Text note below.
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(3) The term ``Philippine Government'' means the Government of
the Commonwealth of the Philippines.
(4) The term ``United States duty'', when used in connection
with the computation of export taxes, means the lowest rate of
ordinary customs duty in effect at the time of the shipment of the
article concerned from the Philippines and applicable to like
articles imported into the continental United States from any
foreign country, except Cuba, or when more than one rate of ordinary
customs duty is applicable to such like articles, the aggregate of
such rates.
(5) The term ``refined sugars'' possesses the same meaning as
the term ``direct-consumption sugar'' as defined in section 1101 \1\
of title 7.
(6) The term ``Philippine article'' means an article the growth,
produce, or manufacture of the Philippines, in the production of
which no materials of other than Philippine or United States origin
valued in excess of 20 per centum of the total value of such article
was used and which is brought into the United States from the
Philippines.
(7) The term ``American article'' means an article the growth,
produce, or manufacture of the United States, in the production of
which no materials of other than Philippine or United States origin
valued in excess of 20 per centum of the total value of such article
was used and which is brought into the Philippines from the United
States.
(8) The term ``Philippine import duty'' means the lowest rate of
ordinary customs duty applicable at the port of arrival, at the time
of entry, or withdrawal from warehouse, for consumption of the
article concerned, to like articles imported into the Philippines
from any other foreign country, or when more than one rate of
ordinary customs duty is applicable to such like articles, the
aggregate of such rates.
(b) As used in subsection (a) of this section:
(1) The terms ``includes'' and ``including'' shall not be deemed
to exclude other things otherwise within the meaning of the term
defined.
(2) The term ``ordinary customs duty'' shall not include any
import duty or charge which is imposed to compensate for an internal
tax imposed in respect of a like domestic product or in respect of a
commodity from which the imported product has been manufactured or
produced in whole or in part.
(Mar. 24, 1934, ch. 84, Sec. 18, as added Aug. 7, 1939, ch. 502, Sec. 5,
53 Stat. 1231.)
References in Text
Paragraph 1622 of section 1201 of title 19, referred to in subsec.
(a)(2), was repealed by act May 24, 1962, Pub. L. 87-456, title I,
Sec. 101(a), 76 Stat. 72.
Since their independence, the Philippine Islands have been a
republic, and are no longer designated as a ``Commonwealth'' as referred
to in par. (3) of subsec. (a) of this section. See note below.
Section 1101 of title 7, referred to in subsec. (a)(5), was omitted
from the Code.
Philippine Independence
Philippine Islands granted independence by Proc. No. 2695, set out
as a note under section 1394 of this title.
