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(b) As used in this section the term “duty" includes taxes, fees, charges, or exactions, imposed on or in connection with importation; but does not include internal taxes.

SEC. 211. ABSOLUTE QUOTA ON SUGARS.

PART 2 - QUOTAS

(a) DEFINITION Of philippine suGARS-For the purpose of this section, an article shall not be considered “Philippine sugars" unless it is a Philippine article.

(b) DEFINITION OF REFINED SUGARS-As used in this section the term "refined sugars" has the same meaning as the term "direct-consumption sugar" as defined in section 101 of the Sugar Act of 1937.

(C) AMOUNT OF QUOTA-During the period from January 1, 1946, to July 3, 1974, both dates inclusive, the total amount of all Philippine sugars which, in any calendar year, may be entered, or withdrawn from warehouse, in the United States for consumption, shall not exceed 952,000 short tons (the equivalent of 850,000 long tons), of which not to exceed 56,000 short tons (the equivalent of 50,000 long tons) may be refined sugars; except that during the period from January 1, 1974, to July 3, 1974, both dates inclusive, such total amount shall not exceed 476,000 short tons (the equivalent of 425,000 long tons), of which not to exceed 28,000 short tons (the equivalent of 25,000 long tons) may be refined sugars.

(d) allocation OF QUOTAS FOR UNREFINED SUGARS-The quota for unrefined sugars, including that required to manufacture the refined sugars, established by this section, shall be allocated annually to the sugar-producing mills and plantation owners in the Philippines in the calendar year 1940 whose sugars were exported to the United States during such calendar year, or their successors in interest, proportionately on the basis of their average annual production (or in the case of such a successor in interest, the average annual production of his predecessor in interest) for the calendar years 1931, 1932, and 1933, and the amount of sugars which may be so exported shall be allocated in each year between each mill and the plantation owners on the basis of the proportion of sugars to which each mill and the plantation owners are respectively entitled, in accordance with any milling agreements between them, or any extension, modification, or renewal thereof.

(e) allocation of quotas for REFINED SUGARS-The quota for refined sugars established by this section shall be allocated annually to the manufacturers of refined sugars in the Philippines in the calendar year 1940 whose refined sugars were exported to the United States during such calendar year, or their successors in interest, proportionately on the basis of the amount of refined sugars produced by each such manufacturer (or in the case of such successor in interest, the amount of refined sugars produced by his predecessor in interest) which was exported to the United States during the calendar year 1940.

Appendix F

TABULATION OF ITEMS ON WHICH THE UNITED STATES GRANTED TARIFF CONCESSIONS

AT TORQUAY, 1951 (Excerpts)

The following tabulation shows each item, identified by tariff paragraph and statistical class, on which the United States granted a concession at Torquay; the rate of duty before the concession was made and the rate afterward; the country or countries with which each concession was initially negotiated; and the value of United States imports for consumption in 1949 of each of the concession items.

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45 Concession effective only when quota provisions of Sugar Act of 1948 or equivalent legislation
are in effect, whether or not the quotas are applied. If quota legislation terminated, the U. S. will
establish quota with rate for quota quantity not lower than Torquay rate, provided President finds
such quota and rate may be established giving due consideration to interests in U.S. sugar market
of domestic producers and materially affected contracting parties. Any quota and rate so established
to be subject to modification if found necessary to give effect to above consideration. Torquay
concession will be restored if sugar quota legislation subsequently becomes effective.
46 Excludes imports from Cuba and the Republic of the Philippines.

Appendix G

EXCLUSIVE AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE REPUBLIC OF CUBA SUPPLEMENTARY TO THE GENERAL AGREEMENT ON TARIFFS AND TRADE, 1948 The Governments of the United States of America and the Republic of Cuba, Having participated in the framing of a General Agreement on Tariffs and Trade hereinafter referred to as the General Agreement, and a Protocol of Provisional Appli

cation, the texts of which have been authenticated by the Final Act adopted at the con. clusion of the Second Session of the Preparatory Committee of the United Nations Con ference on Trade and Employment, signed this day,

Hereby agree as follows:

1. The Convention of Commercial Reciprocity between the United States of America and the Republic of Cuba signed December 11, 1902, and the Reciprocal Trade Agreement between the United States of America and the Republic of Cuba signed August 24, 1934, with its accompanying exchange of notes, as amended by the supplementary trade agreement signed December 18, 1939, with its accompanying protocol and exchange of notes, and by the supplementary trade agreement signed December 23, 1941, with its accompanying exchange of notes, shall be inoperative for such time as the United States of America and the Republic of Cuba are both contracting parties to the General Agreement as defined in Article XXXII thereof.

2. For such time as the United States of America and the Republic of Cuba are both contracting parties to the General Agreement, the products of either country imported into the other shall be accorded customs treatment as follows:

(a) The provisions of Part II of Schedule IX of the General Agreement shall apply exclusively to products of the United States of America, and the provisions of Part II of Schedule XX of the General Agreement shall apply exclusively to products of the Republic of Cuba.

(b) Products of the United States of America described in Part I, but not in Part II, of Schedule IX of the General Agreement, imported into the Republic of Cuba, and products of the Republic of Cuba described in Part I, but not in Part II, of Schedule XX of the General Agreement, imported into the United States of America, shall be subject to the customs treatment provided for in Part I of the applicable Schedule.

(c) Subject to the principles set forth in Article 17 of the Draft Charter for an International Trade Organization recommended by the Preparatory Committee of the United Nations Conference on Trade and Employment

(i) any product of the United States of America not described in either Part of Schedule IX of the General Agreement which would have been subject to ordinary customs duty if imported into the Republic of Cuba on April 10, 1947, any temporary or conditional exemption from duty to be disregarded, and which is of a kind which the Government of Cuba shall determine to have been imported into its territory as a product of the United States of America in any quantity during any of the calendar years 1937, 1939, 1944, and 1945, shall be entitled upon importation into the Republic of Cuba to a margin of preference in the applicable rate of duty equal to the absolute difference between the most-favored-nation rate for the like product existing on April 10, 1947, including any such rate temporarily suspended, and the preferential rate likewise existing on that date in respect of such product of the United States of America; and

(ii) any product of the Republic of Cuba not described in either Part of Schedule XX of the General Agreement, which would have been subject to ordinary customs duty if imported into the United States of America on April 10, 1947, any temporary or conditional exemption from duty to be disregarded, and which is of a kind which the Government of the United States of America shall determine to have been imported into its territory as a product of Cuba in any quantity during any of the calendar years 1937, 1939, 1944, and 1945, shall be entitled upon importation into the United States of America to a margin of preference in the applicable rate of duty equal to the absolute difference between the most-favorednation rate for the like product existing on April 10, 1947, including any such rate temporarily suspended, and the preferential rate likewise existing on that date in respect of such product of the Republic of Cuba.

(d) Any product of the United States of America or of the Republic of Cuba for which customs treatment is not prescribed above shall be dutiable, when imported into the other country, at the most-favored-nation rate of duty of the importing country for the like product.

(e) Nothing in this Agreement shall require the application to any product of the Republic of Cuba imported into the United States of America of a rate of ordinary customs duty higher than one and one-half times the rate existing in respect of such product on January 1, 1945, any temporary or conditional exemption from duty to be disregarded.

3. The term "most-favored-nation rate" in this Exclusive Supplementary Agreement means the maximum rate which may be, or could have been, applied consistently with the principles set forth in Article I of the General Agreement to a product of a country which is a contracting party to that Agreement.

IN WITNESS WHEREOF the representatives of the Governments of the United States of America and the Republic of Cuba, after having exchanged their full powers, found to be in good and due form, have signed this Exclusive Supplementary Agreement.

DONE in duplicate, in the English and Spanish languages, both texts authentic, at Geneva, this thirtieth day of October, one thousand nine hundred and forty-seven. For the Government of the United States of America:

For the Government of the Republic of Cuba:

Appendix H

(Signed) WINTHROP G. BROWN

(Signed) S. I. CLARK

A PROCLAMATION BY THE PRESIDENT OF THE UNITED STATES OF AMERICA CARRYING OUT

EXCLUSIVE TRADE AGREEMENT WITH CUBA OF OCTOBER 30, 1947 (Excerpt)

NOW, THEREFORE, be it known that I, Harry S. Truman, President of the United States of America, to the end that said exclusive trade agreement of October 30, 1947 may be carried out and acting under the authority of said section 350 of the Tariff Act of 1930, as amended, do hereby proclaim, effective on and after January 1, 1948 and subject to the provisions of said protocol of provisional application, said article 17 of the draft charter, and exceptions and conditions set forth in subdivisions (a), (b), (c), (d), and (e) below, such modifications of existing duties and other import restrictions of the United States of America in respect of products of the Republic of Cuba and such continuance of existing customs and excise treatment of products of the Republic of Cuba imported into the United States of America as are specified or provided for in said exclusive trade agreement of October 30, 1947, in said provisions of the general agreement to the extent that they are made a part of said exclusive trade agreement:

DONE at the city of Washington this first day of January, in the year of our Lord

(SEAL)

nineteen hundred and forty-eight and of the Independence of the United States of America the one hundred and seventysecond.

By the President.

Appendix I

GENERAL AGREEMENT ON TARIFFS AND TRADE, 1947 (Excerpts) 1

Final Act Adopted at the Conclusion of the Second Session of the Preparatory
Committee of the United Nations Conference on Trade and Employment

In Witness Whereof the respective representatives have signed the present Act. Done at Geneva, in a single copy, in the English and French languages, both texts authentic, this thirtieth day of October, one thousand nine hundred and forty-seven.

GENERAL AGREEMENT ON TARIFFS AND TRADE

The Governments of the Commonwealth of Australia, the Kingdom of Belgium, the United States of Brazil, Burma, Canada, Ceylon, the Republic of Chile, the Republic of China, the Republic of Cuba, the Czechoslovak Republic, the French Republic, India, Lebanon, the Grand Duchy of Luxemburg, the Kingdom of the Netherlands, New Zealand, the Kingdom of Norway, Pakistan, Southern Rhodesia, Syria, the Union of South Africa, the United Kingdom of Great Britain and Northern Ireland, and the United States of America:

Recognizing that their relations in the field of trade and economic endeavour should be conducted with a view to raising standards of living, ensuring full employment and a large and steadily growing volume of real income and effective demand, developing the full use of the resources of the world and expanding the production and exchange of goods;

Being desirous of contributing to these objectives by entering into reciprocal and mutually advantageous arrangements directed to the substantial reduction of tariffs and other barriers to trade and to the elimination of discriminatory treatment in international commerce;

Have through their Representatives agreed as follows:

PART
ARTICLE I

GENERAL MOST-FAVOURED-NATION TREATMENT

1. With respect to customs duties and charges of any kind imposed on or in connection with importation or exportation or imposed on the international transfer of payments for imports or exports, and with respect to the method of levying such duties and charges, and with respect to all rules and formalities in connection with importation and exportation, and with respect to all matters referred to in paragraphs 1 and 2 of Article III, any advantage, favour, privilege or immunity granted by any contracting party to any product originating in or destined for any other country shall be accorded immediately and unconditionally to the like product originating in or destined for the territories of all other contracting parties.

2. The provisions of paragraph 1 of this Article shall not require the elimination of any preferences in respect of import duties or charges which do not exceed the levels provided for in paragraph 3 of this Article and which fall within the following descriptions:

(c) preferences in force exclusively between the United States of America and the Republic of Cuba;

1 The Havana Charter for an International Trade Organization, signed March 24, 1948, contains in its Chapter IV material covering the subject matter of Part I, Articles I and II, and Part II, Articles III, XI, XIII and XIX of the General Agreement. Article XVII of Chapter IV contains specific provisions for negotiations between the members of the International Trade Organization for the elimination of the preferences recognized by the General Agreement "on a reciprocal and mutually advantageous basis." The Havana Charter was signed by the representatives of 53 nations, including the United States of America, Cuba and the Philippines; but has not entered into force because of lack of acceptance by a sufficient number of the signatory governments.

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