[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).
                                 ______