[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3868 Introduced in Senate (IS)]
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118th CONGRESS
2d Session
S. 3868
To impose a duty of $20,000 per motor vehicle produced in or by the
People's Republic of China.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 5, 2024
Mr. Rubio introduced the following bill; which was read twice and
referred to the Committee on Finance
_______________________________________________________________________
A BILL
To impose a duty of $20,000 per motor vehicle produced in or by the
People's Republic of China.
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 ``Strengthening Tariffs on Chinese
Autos Act of 2024''.
SEC. 2. 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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