22 U.S.C. § 1395 — Definitions
submitted 92 years ago by ch. 84 to r/title-22-FOREIGN-RELATIONS-AND-INTERCOURSE · 466 words · no verdicts yet
This section defines terms used in sections 1393 and 1394, including the geographic meaning of “United States,” cordage, the Philippine Government, United States duty, refined sugars, Philippine and American articles, and Philippine import duty. It also explains that “includes” is nonexclusive and excludes compensating internal-tax charges from ordinary customs duty.
(a) For sections 1393 and 1394: (1) When used geographically, “United States,” but not “continental United States,” includes all U.S. Territories and possessions except the Philippines. (2) “Cordage” includes yarns, twines, cords, rope, and cable, tarred or untarred, wholly or mainly of manila (abaca) or another hard fiber; it also includes the specified binding twine. (3) “Philippine Government” means the Government of the Commonwealth of the Philippines. (4) “United States duty,” when computing export taxes, means the lowest ordinary customs-duty rate in effect when the article ships from the Philippines that applies to like articles imported into the continental United States from any foreign country except Cuba. If more than one ordinary rate applies, use their total. (5) “Refined sugars” has the same meaning as “direct-consumption sugar” in section 1101 of title 7; this section does not define that quoted term. (6) “Philippine article” means an article grown, produced, or manufactured in the Philippines, made with no more than 20 percent of its total value in materials from places other than the Philippines or United States, and brought into the United States from the Philippines. (7) “American article” means an article grown, produced, or manufactured in the United States, made with no more than 20 percent of its total value in materials from places other than the Philippines or United States, and brought into the Philippines from the United States. (8) “Philippine import duty” means the lowest ordinary customs-duty rate applicable at the Philippine port of arrival, entry, or withdrawal from a warehouse for consumption to like articles imported from another foreign country. If more than one rate applies, use their total.
(b) For subsection (a): (1) “Includes” and “including” do not exclude other things otherwise within the defined term. (2) “Ordinary customs duty” does not include an import duty or charge imposed to compensate for an internal tax on a like domestic product or on a commodity from which the imported product was wholly or partly made.
As used in sections 1393 and 1394 of this title—
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.
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.
The term “Philippine Government” means the Government of the Commonwealth of the Philippines.
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.
The term “refined sugars” possesses the same meaning as the term “direct-consumption sugar” as defined in section 1101 1 of title 7.
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.
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.
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.
As used in subsection (a) of this section:
The terms “includes” and “including” shall not be deemed to exclude other things otherwise within the meaning of the term defined.
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.
Source credit: (Mar. 24, 1934, ch. 84, § 18, as added Aug. 7, 1939, ch. 502, § 5, 53 Stat. 1231.)
- 1934Enacted · Act of Mar. 24, 1934, ch. 84 · 53 Stat. 1231
A history note hasn’t been published yet. The record shows enactment by ch. 84 on 1934-03-24.
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