Whereas, Paragraphs 1 and 2, Article I of the Agreement Between the Republic of the Philippines and the United States of America Concerning Trade and Related Matters Which Was Signed At Manila On July 4, 1946

Case Overview and Summary

Summary of Proclamation No. 49

Duty-Free Trade Agreement between the Philippines and the United States
- Article I, paragraphs 1 and 2 of the Agreement between the Philippines and the US concerning Trade and Related Matters signed on July 4, 1946 provide:
• From July 4, 1946 to July 3, 1954, US articles entering the Philippines and Philippine articles entering the US shall be admitted free of ordinary customs duty. (Article I, paragraph 1)
• From July 4, 1954 to July 3, 1974, the ordinary customs duty on US articles entering the Philippines and Philippine articles (except those specified in Items D to G of the Schedule to Article II) entering the US shall be determined by applying the following percentages of the Philippine duty and US duty, respectively: (Article I, paragraph 2)
    • July 4, 1954 to December 31, 1954: 5% (Article I, paragraph 2(a))
    • Calendar year 1955: 10% (Article I, paragraph 2(b))
    • Each calendar year after 1955 until 1972: Percentage equal to the preceding year's percentage increased by 5% (Article I, paragraph 2(c))
    • January 1, 1973 to July 3, 1974: 100% (Article I, paragraph 2(d))

Extension of Duty-Free Treatment
• Philippine Republic Act No. 1137 of June 16, 1954 authorized the extension of duty-free entry of US articles in the Philippines up to December 31, 1955, on a reciprocal basis, in lieu of the treatment specified in Article I, paragraph 2(a) and (b).
• The US Public Law of July 5, 1954 authorized the extension of duty-free entry of Philippine articles in the US up to December 31, 1955, on a reciprocal basis, in lieu of the treatment specified in Article I, paragraph 2(a) and (b).
• The President of the US issued a Proclamation on July 10, 1954, extending the duty-free treatment provided for in Article I, paragraph 1, to Philippine articles entering the US from July 4, 1954 to December 31, 1955.

Proclamation by the President of the Philippines
• President Ramon Magsaysay, pursuant to Republic Act No. 1137, proclaimed the extension of the duty-free treatment provided for in Article I, paragraph 1, to US articles entering the Philippines from July 4, 1954 to December 31, 1955, in lieu of the treatment provided for in Article I, paragraph 2(a) and (b).

Definitions
• "United States articles" and "Philippine articles" are defined in subparagraphs (e) and (f) of paragraph 1 of the Protocol to the Agreement, respectively.
• "Philippine duty" and "United States duty" are defined in subparagraphs (h) and (g) of paragraph 1 of the Protocol, respectively.