II 

118TH CONGRESS 

2D SESSION S. 3866 

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 SENATE OF THE UNITED STATES 

MARCH 5, 2024 

Mr. HAWLEY introduced the following bill; which was read twice and referred 

to the Committee on Finance 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Declaring Our Energy 

5 Independence from China Act of 2024’’. 

6 SEC. 2. FINDINGS; STATEMENT OF POLICY. 

7 (a) FINDINGS.—Congress makes the following find8 ings: 


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1 (1) The People’s Republic of China is the lead2 ing manufacturer of green energy goods and domi3 nates the downstream supply chain, exerting more 

4 control over the global production of green energy 

5 than the Organization of the Petroleum Exporting 

6 Countries exerts over global oil production. 

7 (2) The Federal Government and State govern8 ments in the United States have imposed mandates 

9 and implemented policies to reduce carbon emissions 

10 and pursue objectives intended to mitigate climate 

11 change. 

12 (3) Mandates and policies intended to mitigate 

13 climate change undermine the energy independence 

14 of the United States and make the United States de15 pendent on the People’s Republic of China for its 

16 energy needs. 

17 (b) STATEMENT OF POLICY.—It is the policy of the 

18 United States to establish energy independence from the 

19 People’s Republic of China. 

20 SEC. 3. DEFINITIONS. 

21 In this Act: 

22 (1) GREEN ENERGY COMPONENT.—The term 

23 ‘‘green energy component’’ means a qualifying bat24 tery component, solar energy component, or wind en25 ergy component. 


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1 (2) GREEN ENERGY GOOD.—The term ‘‘green 

2 energy good’’ means a battery cell, battery module, 

3 photovoltaic cell, solar module, or wind energy com4 ponent. 

5 (3) OTHER TERMS.—The terms ‘‘battery cell’’, 

6 ‘‘battery module’’, ‘‘qualifying battery component’’, 

7 ‘‘photovoltaic cell’’, ‘‘solar energy component’’, 

8 ‘‘solar module’’, and ‘‘wind energy component’’ have 

9 the meanings given those terms in section 45X(c) of 

10 the Internal Revenue Code of 1986. 

11 SEC. 4. LIST OF GREEN ENERGY COMPONENTS PRODUCED 

12 IN THE UNITED STATES AND IMPORTED 

13 FROM THE PEOPLE’S REPUBLIC OF CHINA 

14 AND OTHER COUNTRIES. 

15 Not later than 180 days after the date of the enact16 ment of this Act, and annually thereafter, the United 

17 States International Trade Commission shall publish on 

18 a publicly accessible internet website of the Office of In19 dustry and Competitive Analysis of the Commission a list 

20 of green energy components that includes the following: 

21 (1) The heading or subheading of the Har22 monized Tariff Schedule of the United States under 

23 which each such component is classifiable. 

24 (2) The total volume and value of each such 

25 component produced in the United States. 


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1 (3) The total volume and value of each such 

2 component imported into the United States from the 

3 People’s Republic of China. 

4 (4) The total volume and value of each such 

5 component imported into the United States from 

6 any other country. 

7 SEC. 5. IMPOSITION OF DUTIES WITH RESPECT TO GREEN 

8 ENERGY GOODS THAT ORIGINATE IN THE 

9 PEOPLE’S REPUBLIC OF CHINA. 

10 (a) IN GENERAL.—The President shall impose a 

11 duty, at a rate calculated under subsection (b), with re12 spect to each green energy good that is imported into the 

13 United States and originates in the People’s Republic of 

14 China. 

15 (b) CALCULATION OF RATE.— 

16 (1) RATE.—The rate of the duty imposed under 

17 subsection (a) is— 

18 (A) during the 12-month period beginning 

19 on the date that is 180 days after the date of 

20 the enactment of this Act, 25 percent ad valo21 rem; and 

22 (B) during the 12-month period that be23 gins on the day after the end of the 12-month 

24 period described in subparagraph (A), and each 


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1 12-month period thereafter until the date that 

2 is 5 years after such date of enactment— 

3 (i) the rate in effect for the preceding 

4 12-month period; plus 

5 (ii) 5 percent ad valorem. 

6 (2) VALUATION.—For purposes of determining 

7 the amount of duty applicable under paragraph (1) 

8 with respect to a green energy good, the value of the 

9 goods shall be the price at which the same or a simi10 lar imported good is freely offered for sale, packed 

11 ready for delivery, in the principal market of the 

12 United States to all purchasers, at the time of ex13 portation of the good, in the usual wholesale quan14 tities and in the ordinary course of trade, with allow15 ance made for duty, cost of transportation and in16 surance, and other necessary expenses from the 

17 place of shipment to the place of delivery. 

18 (c) RULE OF ORIGIN.— 

19 (1) IN GENERAL.—For purposes of this section, 

20 a green energy good originates in the People’s Re21 public of China if the good is produced— 

22 (A) in the People’s Republic of China; 

23 (B) by an entity organized under the laws 

24 of, headquartered in, or with its principal place 

25 of business in the People’s Republic of China, 


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1 without regard to the country in which that en2 tity is located; or 

3 (C) by an entity with respect to which con4 trol is exercised by an entity described in sub5 paragraph (B). 

6 (2) CONTROL DEFINED.—For purposes of para7 graph (1)(C), the term ‘‘control’’ has the meaning 

8 given that term in section 800.208 of title 31, Code 

9 of Federal Regulations (as in effect on the day be10 fore the date of the enactment of this Act). 

11 (d) ADDITIONAL DUTIES.—A duty imposed under 

12 subsection (a) with respect to a green energy good shall 

13 be in addition to any other duties applicable to that com14 ponent. 

15 (e) PROHIBITION ON USE OF EMERGENCY AUTHOR16 ITY.—The President may not exercise the authority pro17 vided under section 318(a) of the Tariff Act of 1930 (19 

18 U.S.C. 1318(a)) to provide for the importation free of 

19 duty of any green energy good that originates in the Peo20 ple’s Republic of China. 

21 SEC. 6. REPORT ON INDUSTRIAL SUBSIDIES PROVIDED BY 

22 THE PEOPLE’S REPUBLIC OF CHINA. 

23 (a) IN GENERAL.—Not later than 180 days after the 

24 date of the enactment of this Act, the United States Trade 

25 Representative shall submit to Congress a report assessing 


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1 the extent to which the Government of the People’s Re2 public of China has, during the 15-year period preceding 

3 such date of enactment, provided industrial subsidies to 

4 the battery, solar energy, and wind energy sectors of the 

5 People’s Republic of China. 

6 (b) INDUSTRIAL SUBSIDY DEFINED.—In this section, 

7 the term ‘‘industrial subsidy’’ includes, at a minimum, the 

8 following actions by a government for the benefit of an 

9 industry: 

10 (1) The direct transfer of funds, as with a 

11 grant, loan, or equity infusion. 

12 (2) The potential direct transfer of funds, as 

13 with a loan guarantee. 

14 (3) Foregoing or not collecting revenue that is 

15 otherwise due, as with tax credits or deductions from 

16 taxable income. 

17 (4) Providing preferential access to capital, 

18 land, or electricity. 

19 (5) Providing goods or services other than gen20 eral infrastructure. 

21 (6) Purchasing goods. 

Æ 


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