[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4702 Introduced in Senate (IS)]

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118th CONGRESS
  2d Session
                                S. 4702

  To impose duties on electromagnets, battery cells, electric storage 
   batteries, and photovoltaic cells imported from certain countries.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                July 11 (legislative day, July 10), 2024

   Mr. Rubio introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
  To impose duties on electromagnets, battery cells, electric storage 
   batteries, and photovoltaic cells imported from certain countries.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Critical Mineral Supply Chain 
Realignment Act of 2024''.

SEC. 2. DUTIES ON ELECTROMAGNETS, BATTERY CELLS, ELECTRIC STORAGE 
              BATTERIES, AND PHOTOVOLTAIC CELLS IMPORTED FROM CERTAIN 
              COUNTRIES.

    (a) In General.--Notwithstanding any other provision of law, there 
shall be imposed a duty at the rate specified in subsection (b) on each 
article that is imported into the United States and classified under 
any of the following headings or subheadings of the Harmonized Tariff 
Schedule of the United States:
            (1) 8505.
            (2) 8506.
            (3) 8507.
            (4) 8541.42.00.
            (5) 8541.43.00.
    (b) Rates of Duty Specified.--The rate of duty specified in this 
subsection with respect to an article described in subsection (a) is--
            (1) 25 percent ad valorem on and after the date of the 
        enactment of this Act if the article was produced or 
        manufactured, or underwent final assembly, in a country other 
        than--
                    (A) an ally described in section 3(b)(2) of the 
                Arms Export Control Act (22 U.S.C. 2753(b)(2));
                    (B) a country designated by the President as a 
                major non-NATO ally under section 517 of the Foreign 
                Assistance Act of 1961 (22 U.S.C. 2321k);
                    (C) Mexico, if the United States-Mexico-Canada 
                Agreement, or a successor agreement, is in effect;
                    (D) Costa Rica, El Salvador, Guatemala, Honduras, 
                and the Dominican Republic, if the Dominican Republic-
                Central America Free Trade Agreement, or a successor 
                agreement, is in effect;
                    (E) Chile, if the United States-Chile Free Trade 
                Agreement, or a successor agreement, is in effect; and
                    (F) India, for a period of 10 years beginning on 
                the date of the enactment of this Act;
            (2) if the article was produced or manufactured, or 
        underwent final assembly, by a person of the People's Republic 
        of China in a country described in paragraph (1), 150 percent 
        ad valorem on and after such date of enactment; and
            (3) if the article was produced or manufactured, or 
        underwent final assembly, in the People's Republic of China--
                    (A) 150 percent ad valorem during the period--
                            (i) beginning on such date of enactment; 
                        and
                            (ii) ending on the day before the date that 
                        is 1 year after such date of enactment;
                    (B) 300 percent ad valorem during the period--
                            (i) beginning on the date that is 1 year 
                        after such date of enactment; and
                            (ii) ending on the day before the date that 
                        is 2 years after such date of enactment;
                    (C) 450 percent ad valorem during the period--
                            (i) beginning on the date that is 2 years 
                        after such date of enactment; and
                            (ii) ending on the day before the date that 
                        is 3 years after such date of enactment; and
                    (D) 800 percent ad valorem on and after the date 
                that is 3 year after such date of enactment.
    (c) Additional Duties.--The duty imposed under subsection (a) with 
respect to an article described in that subsection is in addition to 
any other duty applicable to the article.
    (d) Definitions.--In this section:
            (1) Control.--The term ``control'' has the meaning given 
        that term in section 800.208 of title 31, Code of Federal 
        Regulations (as in effect on the date of the enactment of this 
        Act).
            (2) Owned, controlled, directed, or operated.--The term 
        ``owned, controlled, directed, or operated'', with respect to 
        an entity, includes any entity for which, on any date during 
        the most recent 12-month period, not less than 25 percent of 
        the equity interests in such entity are held directly or 
        indirectly by 1 or more persons of the People's Republic of 
        China described in any of subparagraphs (A) through (E) of 
        paragraph (3), including through--
                    (A) interests in co-investment vehicles, joint 
                ventures, or similar arrangements; or
                    (B) a derivative financial instrument or 
                contractual arrangement between the entity and such a 
                person, including any such instrument or contract that 
                seeks to replicate any financial return with respect to 
                such entity or interest in such entity.
            (3) Person of the people's republic of china.--The term 
        ``person of the People's Republic of China'' means--
                    (A) the Government of the People's Republic of 
                China;
                    (B) any agency, instrumentality, official, or agent 
                of that Government;
                    (C) any entity the headquarters of which are 
                located in the People's Republic of China;
                    (D) any entity organized under the laws of the 
                People's Republic of China;
                    (E) any entity substantively involved in the 
                industrial policies or military-civil fusion strategy 
                of the People's Republic of China, including by 
                accepting funding from, performing a service for, or 
                receiving a subsidy from the People's Republic of China 
                related to such policies or strategy; or
                    (F) any entity owned, controlled, directed, or 
                operated by an entity described in any of subparagraphs 
                (A) through (E).
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