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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3863 Introduced in Senate (IS)]

<DOC>

118th CONGRESS
  2d Session
                                S. 3863

 To clarify the country of origin of certain passenger motor vehicles.

_______________________________________________________________________

                   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 clarify the country of origin of certain passenger motor vehicles.

    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 ``Closing Auto Tariffs Loopholes 
Act''.

SEC. 2. CLARIFICATION OF COUNTRY OF ORIGIN OF CERTAIN PASSENGER MOTOR 
              VEHICLES.

    (a) In General.--On and after the date that is 180 days after the 
date of the enactment of this Act, any article classified under heading 
8703 of the Harmonized Tariff Schedule of the United States and 
produced, manufactured, or that underwent final assembly by a foreign 
adversary party or an entity owned, controlled, directed, or operated 
by a foreign adversary party shall be treated as originating in the 
foreign adversary.
    (b) 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) Entity owned, controlled, directed, or operated by a 
        foreign adversary party.--The term ``entity owned, controlled, 
        directed, or operated by a foreign adversary party'' 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 
        foreign adversary parties 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 
                foreign adversary party, including any such instrument 
                or contract that seeks to replicate any financial 
                return with respect to such entity or interest in such 
                entity.
            (3) Foreign adversary.--The term ``foreign adversary'' 
        means any of the following:
                    (A) The People's Republic of China.
                    (B) The Russian Federation.
                    (C) The Islamic Republic of Iran.
                    (D) The Democratic People's Republic of Korea.
                    (E) The Republic of Cuba.
                    (F) Venezuela, while Nicolas Maduro is the 
                president.
                    (G) The Syrian Arab Republic.
            (4) Foreign adversary party.--
                    (A) In general.--The term ``foreign adversary 
                party'' means any of the following:
                            (i) The government of a foreign adversary, 
                        including any agency, government 
                        instrumentality, official, or agent of such a 
                        government.
                            (ii) Any entity organized under the laws of 
                        a foreign adversary (or any political 
                        subdivision thereof).
                            (iii) Any entity the headquarters of which 
                        is located within a foreign adversary.
                    (B) Inclusion of certain entities of the people's 
                republic of china.--The term ``foreign adversary 
                party'' includes 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.
                                 <all>
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