[Congressional Record Volume 170, Number 115 (Thursday, July 11, 2024)]
[Senate]
[Pages S4808-S4809]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 2487. 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 H of subtitle X, add the following:
SEC. 1095. 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; and
(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.
[[Page S4809]]
(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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