[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8352 Introduced in House (IH)]
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118th CONGRESS
2d Session
H. R. 8352
To require the imposition of additional duties with respect to imports
of green energy goods that originate in the People's Republic of China,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 10, 2024
Mr. Golden of Maine introduced the following bill; which was referred
to the Committee on Ways and Means
_______________________________________________________________________
A BILL
To require the imposition of additional duties with respect to imports
of green energy goods that originate in the People's Republic of China,
and for other purposes.
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 ``Declaring Our Energy Independence
from China Act of 2024''.
SEC. 2. FINDINGS; STATEMENT OF POLICY.
(a) Findings.--Congress makes the following findings:
(1) The People's Republic of China is the leading
manufacturer of green energy goods and dominates the downstream
supply chain, exerting more control over the global production
of green energy than the Organization of the Petroleum
Exporting Countries exerts over global oil production.
(2) The Federal Government and State governments in the
United States have imposed mandates and implemented policies to
reduce carbon emissions and pursue objectives intended to
mitigate climate change.
(3) Mandates and policies intended to mitigate climate
change undermine the energy independence of the United States
and make the United States dependent on the People's Republic
of China for its energy needs.
(b) Statement of Policy.--It is the policy of the United States to
establish energy independence from the People's Republic of China.
SEC. 3. DEFINITIONS.
In this Act:
(1) Green energy component.--The term ``green energy
component'' means a qualifying battery component, solar energy
component, or wind energy component.
(2) Green energy good.--The term ``green energy good''
means a battery cell, battery module, photovoltaic cell, solar
module, or wind energy component.
(3) Other energy terms.--The terms ``battery cell'',
``battery module'', ``qualifying battery component'',
``photovoltaic cell'', ``solar energy component'', ``solar
module'', and ``wind energy component'' have the meanings given
those terms, respectively, in section 45X(c) of the Internal
Revenue Code of 1986.
SEC. 4. LIST OF GREEN ENERGY COMPONENTS PRODUCED IN THE UNITED STATES
AND IMPORTED FROM THE PEOPLE'S REPUBLIC OF CHINA AND
OTHER COUNTRIES.
Not later than 180 days after the date of the enactment of this
Act, and annually thereafter, the United States International Trade
Commission shall publish on a publicly accessible internet website of
the Office of Industry and Competitive Analysis of the Commission a
list of green energy components that includes the following:
(1) The heading or subheading of the Harmonized Tariff
Schedule of the United States under which each such component
is classifiable.
(2) The total volume and value of each such component
produced in the United States.
(3) The total volume and value of each such component
imported into the United States from the People's Republic of
China.
(4) The total volume and value of each such component
imported into the United States from any other country.
SEC. 5. IMPOSITION OF DUTIES WITH RESPECT TO GREEN ENERGY GOODS THAT
ORIGINATE IN THE PEOPLE'S REPUBLIC OF CHINA.
(a) In General.--The President shall impose a duty, at a rate
calculated under subsection (b), with respect to each green energy good
that is imported into the United States and originates in the People's
Republic of China.
(b) Calculation of Rate.--
(1) Rate.--The rate of the duty imposed under subsection
(a) is--
(A) during the 12-month period beginning on the
date that is 180 days after the date of the enactment
of this Act, 25 percent ad valorem; and
(B) during the 12-month period that begins on the
day after the end of the 12-month period described in
subparagraph (A), and each 12-month period thereafter
until the date that is 5 years after such date of
enactment--
(i) the rate in effect for the preceding
12-month period; plus
(ii) 5 percent ad valorem.
(2) Valuation.--For purposes of determining the amount of
duty applicable under paragraph (1) with respect to a green
energy good, the value of the goods shall be the price at which
the same or a similar imported good is freely offered for sale,
packed ready for delivery, in the principal market of the
United States to all purchasers, at the time of exportation of
the good, in the usual wholesale quantities and in the ordinary
course of trade, with allowance made for duty, cost of
transportation and insurance, and other necessary expenses from
the place of shipment to the place of delivery.
(c) Rule of Origin.--
(1) In general.--For purposes of this section, a green
energy good originates in the People's Republic of China if the
good is produced--
(A) in the People's Republic of China;
(B) by an entity organized under the laws of,
headquartered in, or with its principal place of
business in the People's Republic of China, without
regard to the country in which that entity is located;
or
(C) by an entity with respect to which control is
exercised by an entity described in subparagraph (B).
(2) Control defined.--For purposes of paragraph (1)(C), 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 day before the date of the enactment of this Act).
(d) Additional Duties.--A duty imposed under subsection (a) with
respect to a green energy good shall be in addition to any other duties
applicable to that component.
(e) Prohibition on Use of Emergency Authority.--The President may
not exercise the authority provided under section 318(a) of the Tariff
Act of 1930 (19 U.S.C. 1318(a)) to provide for the importation free of
duty of any green energy good that originates in the People's Republic
of China.
SEC. 6. REPORT ON INDUSTRIAL SUBSIDIES PROVIDED BY THE PEOPLE'S
REPUBLIC OF CHINA.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the United States Trade Representative shall
submit to Congress a report assessing the extent to which the
Government of the People's Republic of China has, during the 15-year
period preceding such date of enactment, provided industrial subsidies
to the battery, solar energy, and wind energy sectors of the People's
Republic of China.
(b) Industrial Subsidy Defined.--In this section, the term
``industrial subsidy'' includes, at a minimum, the following actions by
a government for the benefit of an industry:
(1) The direct transfer of funds, as with a grant, loan, or
equity infusion.
(2) The potential direct transfer of funds, as with a loan
guarantee.
(3) Foregoing or not collecting revenue that is otherwise
due, as with tax credits or deductions from taxable income.
(4) Providing preferential access to capital, land, or
electricity.
(5) Providing goods or services other than general
infrastructure.
(6) Purchasing goods.
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