Page:United States Statutes at Large Volume 61 Part 3.djvu/339

 INTERNATIONAL AGREEMENTS OTHER THAN TREATIES [61 STAT. "Person." "United States." " Philippines. " Post, p. 2631. "Ordinary customs duty. " PROTOCOL TO ACCOMPANY THE AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE REPUBLIC OF THE PHILIPPINES CONCERNING TRADE AND RELATED MATTERS DURING A TRANSI- TIONAL PERIOD FOLLOWING THE INSTITUTION OF PHILIPPINE INDEPENDENCE The undersigned duly empowered Plenipotentiaries have agreed to the following Protocol to this Agreement between the United States of America and the Republic of the Philippines concerning trade and related matters during a transitional period following the institution of Philippine Independence, signed this day, which shall constitute an integral part of the Agreement: 1. For the purpose of the Agreement- (a) The term "person" includes partnerships, corporations, and associations. (b) The term "United States" means the United States of America and, when used in a geographical sense, means the States, the District of Columbia, the Territories of Alaska and Hawaii, and Puerto Rico. (c) The term "Philippines" means the Republic of the Philip- pines and, when used in a geographical sense, means the territories of the Republic of the Philippines, whether a particular act in question took place, or a particular situ- ation in question existed, within such territories before or after the institution of the Republic of the Philippines. As used herein the territories of the Republic of the Philip- pines comprise all the territories specified in Section 1 of Article I of the Constitution of the Philippines which is set forth as Annex XI to this Agreement. (d) 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- (1) 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 (2) A countervailing duty imposed to offset a subsidy, bounty, or grant; or (3) 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 2622

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