Treaty (4 January 1967)

January 04, 1967

AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA CONCERNING MATTERS OF CUSTOMS ADMINISTRATION UNITED STATES OF AMERICA

Customs Administration Agreement signed at Washington 4 January 1967; With Annex; Entered into force 4 January 1967 Recognizing the interest of the Government of the Republic of the Philippines in preventing the imporation of commodities into the Philippines in violation of Philippine law, particularly the so-called "technical smuggling," and Recognizing the importance of maintaining a normal flow of trade between the two countries; and

Whereas the Governments of the Republic of the Philippines and of the United States of America wish to cooperate in these important endeavors; the two Governments have agreed as follows:

ARTICLE I

The United States Government agrees that for a period of six months beginning January 16, 1967, and extending through July 15, 1967, it will make the necessary arrangements for the Philippine Consular Establishments in the United States to be provided with an authenticated copy of each Shipper's Export Declaration filed with and authenticated by the United States Bureau of Customs during that period covering any of the commodity exports from the customs area of the United States to the Philippines as set forth and described in Annexes A and B to this Agreement.

ARTICLE II

The United States Government agrees that for a period of six months beginning January 16, 1967, and extending through July 15, 1967, it will provide the Government of the Republic of the Philippines with monthly statistical data, specially compiled from the Shipper's Export Declaration, showing the high and low unit prices of certain of the commodity exports from the United States to the Philippines included within the commodity division groupings set forth in Annex C to this Agreement. ARTICLE III1. The Government of the Republic of the Philippines agrees that any requirement which it may establish with respect to Shipper's Export Declarations shall be in accordance with and subject to the terms of this Agreement.

2. Except as provided in Article IV, the Government of the Republic of the Philippines shall not, after July 15, 1967, require the furnishing of Shipper's Export Declarations as to exports from the United States unless, following consultation and review, the two Governments agree to a temporary extension of the terms contained in Articles I and II of this Agreement for an additional period not to exceed six months from that date. The United States Government will give full and sympathetic consideration in light of the progress made in carrying out the purposes of this Agreement to a request by the Government of the Republic of the Philippines for such temporary extension after July 15, 1967.

3. The Government of the Republic of the Philippines undertakes that for a period of one year following expiration of the period or periods referred to in 2 above, it will not reimpose the Shipper's Export Declaration requirement for exports from the United States to the Philippines. After such one year period, it will not reimpose such requirements except after consultations and by mutual agreement as to arrangements and or documents possible and feasible for the purposes of both governments.

4. The Government of the Republic of the Philippines may, subject to consultation and with due regard for keeping administrative burdens to the minimum, request substitution for, deletion of, or changes in the range within any division grouping of commodities listed in Annex A, B, or C of this Agreement provided that the total number of division groupings in either Annex A, B, or C shall not be increased. Such requests for commodity substitutions may be no broader than the division grouping of commodities as set forth in Annex D. The request for substitution must be received by the U.S. Department of Commerce not later than March 15, 1967, and shall be effective as of April 15, 1967. If the period referred to in Articles I and II is extended under Article III, provisions would be made for the substitution for, deletion of, or changes in the range within any division grouping of commodities during the extension in a similar manner to that provided above.

ARTICLE IV

The United States Government will continue to provide the Government of the Republic of the Philippines with copies of authenticated Shipper's Export Declarations upon specific request with regard to a particular case under investigation when such disclosure would assist the Government of the Republic of the Philippines in the investigation or prosecution of suspected violations of Philippine law. Shipper's Export Declarations shall be furnished pursuant to this Article only on a case-by-case and post-shipment basis, provided, however, that the United States Government shall furnish copies of Shipper's Export Declarations under this Article only in so far as may be authorized by legislation. ARTICLE VThe United States Government will furnish the Government of the Republic of the Philippines with the following types of statistical data, commencing with the date for January 1967, through the Philippine Embassy in Washington:

1. Monthly data published by the Bureau of Labor Statistics showing wholesale prices of a wide range of U.S. products;

2. Monthly data tabulated for reference purposes by the Bureau of the Census directly from the Shipper's Export Declarations showing the quantity and value of exports of particular commodities to all countries (including the Philippines) from each U.S. customs district. These tabulations can be provided for as many specific commodities as requested by the Government of the Republic of the Philippines. At some time after January 16, 1968, the two Governments shall review the situation then existing to determine whether the continued availability of these statistical data is required.

ARTICLE VI

The United States Government also agrees to finance the training in the United States in customs administration, import data analysis, and customs appraisal techniques of several Philippine officials selected in accordance with established procedures of the Agency for International Development (AID), under the existing AID program for the Philippines. Such training program shall be implemented as soon as possible, and shall place special emphasis on the problem commodities in the United States-Philippine trade.

ARTICLE VII

The two Governments believe that the information provided to the Government of the Republic of the Philippines under this Agreement will facilitate periodic revision of the documentation requirements of the Government of the Republic of the Philippines. The Government of the Republic of the Philippines undertakes to make its best efforts to revise its documentation requirements, such as requirements for price lists and notarized declarations, with respect to exportations from the United States, with a view toward simplifying trade transactions between the two countries.

ARTICLE VIII

The two Governments recognize that the Shipper's Export Declarations provided to the Government of the Republic of the Philippines under this Agreement will facilitate appraisal and release by the Philippine Bureau of Customs of all imports of textile remnants from the United States on the basis of values declared on consular invoices. The two Governments further recognize that these Shipper's Export Declarations will facilitate review of any fixed schedule of valuations applying to imports of textile remnants from the United States, and the Government of the Republic of the Philippines undertakes to make such a review in order to ensure that correct values are relied upon for purposes of Customs assessments and levies. ARTICLE IXThe Government of the Republic of the Philippines shall take whatever measures are necessary to protect the confidentiality of the Shipper's Export Declarations made available to it under this Agreement. Specifically, it shall apply the same requirements and standards regarding the security of this confidential document as are applicable for official Philippine documents of comparable standing and importance, and will advise the United States Government prior to making public in any manner any Shipper's Export Declaration or any of the specifc information it contains. DONE at Washington, D.C., this fourth day of January, 1967. For the Government of the Republic of the Philippines: EDUARDO Z. ROMUALDEZ Secretary of Finance For the Government of the United States of America: ALEXANDER B.

TROWBRIDGE

Assistant Secretary of Commerce ANNEX A Arrangements will be made so that the Philippine Consular Establishments in the United States may be provided with an authenticated copy of each Shipper's Export Declaration filed with and authenticated by the U.S. Bureau of Customs for exports to the Philippines classified under the Schedule B commodity numbers listed below. Schedule B Division Schedule B Division Description Numbers Code Medicinal and 541.1010- 54 Pharmaceutical Products 541.9930 Textile Yarn Fabrics, 651.1000- 65 Made-Up Articles 657.8000 and Related Products 73 (part) Transport Equipment Listed below 732.8020 732.8048 732.8032 732.8050 732.8036 732.8055 732.8038 733.0030 732.8042 734.9210 732.8043 734.9220 732.8044 734.9230ANNEX B Arrangements will be made so that the Philippine Consular Establishments in the United States may be provided with an authenticated copy of each Shipper's Export Declaration filed with and authenticated by the U.S. Bureau of Customs for exports to the Philippines classified under any of the Schedule B commodity numbers listed below. Such copy shall be made available if the declaration covers any listed commodity individually valued at $2,000 or more. Schedule B Division Schedule B Division Description Numbers Code Tobacco and Tobacco 121.005- 12 Manufactures 122.3030 Machinery, Other than 71 (part) Listed below Electric 711.2030 717.2010 719.1940 719.5430 711.3010 717.2020 719.1968 719.5450 711.5002 717.3020 719.1975 719.5460 711.5004 717.3050 719.2170 719.5480 711.5034 717.3060 719.2250 719.6110 711.5036 718.1220 719.2260 719.6150 711.5062 718.2250 719.2280 719.6225 711.5064 718.2960 719.2320 719.6230 711.5066 718.3100 719.2340 719.6235 711.5068 718.3910 719.2350 719.6240 711.6000 718.3920 719.2370 719.6425 711.8140 718.3930 719.3106 719.6450 712.1020 718.3950 719.3136 719.8020 712.1060 718.3960 719.3142 719.8025 712.9100 718.3970 719.3146 719.8050 712.9920 718.4216 719.3172 719.8055 712.9940 718.4250 719.3174 719.8065 714.9230 718.4258 719.3176 719.9250 714.9260 718.5125 719.3260 719.9310 714.9270 718.5145 719.4100 719.9320 715.2130 718.5155 719.4200 719.9330 715.2140 718.5210 719.5210 719.9340 715.2300 718.5220 719.5320 719.9350 717.1525 719.1430 719.5335 719.9400 717.1330 719.1546 719.5340 719.9900 717.1340 719.1915 719.5360 719.5440 717.1350 719.1935 719.5370 719.1548 719.1945841.1102- Clothing and Accessories 842.0200 Schedule Schedule B B Division Description of Division Code Commodity Groupings Beverages and Tobacco 11 Beverages 12 Tobacco and Tobacco manufactures Crude materials, inedible, except fuels Hides, skins, and furskins, undressed, raw or 21 cured Oil seeds, oil nuts, and oil kernels, and flour and 22 meal of oil seeds, nuts, and kernels Rubber, crude, including synthetic and reclaimed, 23 and similar natural gums, excluding compounded, semiprocessed, and manufactures Wood, lumber, and 24 cork 25 Pulps, and waste paper Textile fibers (not manufactured into yarn, thread 26 or fabrics) and their waste Crude fertilizers and crude minerals, excluding 27 coal, petroleum and precious stones Metalliferous ores and 28 metal scrap Animal and vegetable 29 materials, n.e.c, crude Mineral fuels, lubricants and related products Coal, coke, and 32 briquets Petroleum and 33 petroleum products Gas, natural and 34 manufactured Oils and fats, animal and vegetable Animals oils and fats, 41 n.e.c. Vegetable oils and fats, fixed, except 42 hydrogenatedFatty acids, waxes, and specially treated fats and 43 oils, excluding petroleum products Chemicals Chemical elements 51 and compounds Mineral tar, tar oils, and crude chemicals from 52 coal, petroleum, and natural gas Dyeing, tanning, and coloring materials, natural 53 and synthetic Medicinal and 54 pharmaceutics products Essential oils and per fume materials; toilet, 55 polishing and cleansing preparations Fertilizers, 56 manufactured Explosives and pyrotechnic products (including 57 hunting and sport-ing ammunition) Synthetic resins, regenerated cellulose, and 58 plastic materials Chemical products and 59 materials, n.e.c. Manufactured goods classified chiefly by material Leather, leather manufactures, n.e.c, and dressed 61 furskins Rubber manufactures, semi-finished and finished, 62 n.e.c. 63 Wood and cork manufactures, n.e.c. 64 Paper, paperboard, and manufactures thereof Textile yarn fabrics, made-up articles and related 65 products Non-metallic mineral 66 manufactures, n.e.c 67 Iron and steel 68 Non-ferrous metals Manufactures of metal, 69 n.e.c Machinery and transport equipment Machinery, other than 71 electric 72 Electrical machinery, apparatus, and appliances 73 Transport equipmentMiscellaneous manufactured articles, n.e.c. Sanitary, plumbings, heating and lighting fixtures, 81 fittings, lamps and parts thereof 82 Furniture 83 Travel goods, handbags and other personal goods Clothing and accessories, elastic or rubberized 84 knit fabric, knit house-furnishings and articles, and articles made of fur Footwear, new, except military, orthopedic, and 85 footwear donated for relief or charity Professional, scientific and controlling 86 instruments; photographic and optical goods, watches and clocks 89 Miscellaneous manufactured articles, n.e.c. Commodities and transactions not classified according to kind Special transactions not classified according to 93 kind Animals, live, n.e.c, including zoo animals, dogs, 94 cais, insects, and birds Arms of war and ammunition therefor, armored 95 fighting vehicles, military equipment not identified by kind, and military apparel 96 Coin, other than gold, not being legal tender

ANNEX C

The Government of the Republic of the Philippines, through the Philippine Embassy in Washington, D.C., may request the United States Department of Commerce for high and low unit price data for any of the Schedule B commodity numbers listed within the commodity division groupings shown below. Schedule B Division Schedule B Division Description Numbers Code 251.1000- 25 Pulp and Waste Paper 251.8220 Chemical Elements and 512.0210- 51 Compounds 515.0050 Dyeing, Tanning and 53 Coloring Materials, 531.0100- Natural and Synthetic 533.3500Chemical Materials and 599.2010- 59 Products, n.e.c. 599.9970 Paper, Paperboard, and 641.1000- 64 Manufactures thereof 42.9875 672.4310- 67 (part) Iron and Steel 673.5400

ANNEX D

LIST OF DIVISION COMMODITY GROUPINGS USED IN SCHEDULE B, STATISTICAL CLASSIFICATION OF DOMESTIC AND FOREIGN COMMODITIES EXPORTED FROM THE UNITED STATES, JANUARY 1, 1965 EDITION (AS AMENDED)

Schedule Schedule B B Division Description of Division Code Commodity Groupings Food and live animals 00 Live animals Meat and meat 01 preparations Dairy products and 02 eggs 03 Fish and preparations Cereals and cereal preparations; and preparations 04 of flour, starch or malt extract 05 Fruits and vegetables Sugar, sugar 06 preparations, and honey Coffee, cocoa, tea, spices, and manufactures 07 thereof Feeding-stuff for animals, excluding unmilled 08 cereals 09 Miscellaneous food preparations