[Congressional Record Volume 170, Number 115 (Thursday, July 11, 2024)]
[Senate]
[Page S4798]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 2470. Mr. RUBIO submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle D of title XII, add the following:
SEC. 1266. DUTIES ON MOTOR VEHICLES PRODUCED IN OR BY THE
PEOPLE'S REPUBLIC OF CHINA.
(a) In General.--Notwithstanding any other provision of
law, there shall be imposed with respect to each covered
article imported into the United States a duty of $20,000,
subject to adjustment under subsection (b).
(b) Adjustment of Duty for Inflation.--
(1) In general.--The Secretary of the Treasury shall adjust
the amount of the duty provided for under subsection (a) on
October 1, 2025, and at the beginning of each fiscal year
thereafter, to reflect the percentage (if any) of the
increase in the average of the Consumer Price Index for the
preceding 12-month period compared to the Consumer Price
Index for fiscal year 2024.
(2) Special rules for calculation of adjustment.--In
adjusting under paragraph (1) the amount of the duty provided
for under subsection (a), the Secretary--
(A) shall round the amount of any increase in the Consumer
Price Index to the nearest dollar; and
(B) may ignore any such increase of less than 1 percent.
(c) Definitions.--In this section:
(1) Consumer price index.--The term ``Consumer Price
Index'' means the Consumer Price Index for All Urban
Consumers published by the Bureau of Labor Statistics of the
Department of Labor.
(2) 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).
(3) Covered article.--The term ``covered article'' means an
article--
(A) classified under chapter 8703 of the Harmonized Tariff
Schedule of the United States; and
(B) produced or manufactured, or that underwent final
assembly--
(i) in the People's Republic of China; or
(ii) by a person of the People's Republic of China.
(4) Entity owned, controlled, directed, or operated by a
person of the people's republic of china.--The term ``entity
owned, controlled, directed, or operated by a person of the
People's Republic of China'' 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, 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 a person of the People's
Republic of China, including any such instrument or contract
that seeks to replicate any financial return with respect to
such entity or interest in such entity.
(5) 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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