II 

118TH CONGRESS 

2D SESSION S. 4702 

To impose duties on electromagnets, battery cells, electric storage batteries, 

and photovoltaic cells imported from certain countries. 

IN THE SENATE OF THE UNITED STATES 

JULY 11 (legislative day, JULY 10), 2024 

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

to the Committee on Finance 

A BILL 

To impose duties on electromagnets, battery cells, electric 

storage batteries, and photovoltaic cells imported from 

certain countries. 

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 ‘‘Critical Mineral Supply 

5 Chain Realignment Act of 2024’’. 


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1 SEC. 2. DUTIES ON ELECTROMAGNETS, BATTERY CELLS, 

2 ELECTRIC STORAGE BATTERIES, AND PHOTO3 VOLTAIC CELLS IMPORTED FROM CERTAIN 

4 COUNTRIES. 

5 (a) IN GENERAL.—Notwithstanding any other provi6 sion of law, there shall be imposed a duty at the rate speci7 fied in subsection (b) on each article that is imported into 

8 the United States and classified under any of the following 

9 headings or subheadings of the Harmonized Tariff Sched10 ule of the United States: 

11 (1) 8505. 

12 (2) 8506. 

13 (3) 8507. 

14 (4) 8541.42.00. 

15 (5) 8541.43.00. 

16 (b) RATES OF DUTY SPECIFIED.—The rate of duty 

17 specified in this subsection with respect to an article de18 scribed in subsection (a) is— 

19 (1) 25 percent ad valorem on and after the date 

20 of the enactment of this Act if the article was pro21 duced or manufactured, or underwent final assem22 bly, in a country other than— 

23 (A) an ally described in section 3(b)(2) of 

24 the Arms Export Control Act (22 U.S.C. 

25 2753(b)(2)); 


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1 (B) a country designated by the President 

2 as a major non-NATO ally under section 517 of 

3 the Foreign Assistance Act of 1961 (22 U.S.C. 

4 2321k); 

5 (C) Mexico, if the United States-Mexico6 Canada Agreement, or a successor agreement, 

7 is in effect; 

8 (D) Costa Rica, El Salvador, Guatemala, 

9 Honduras, and the Dominican Republic, if the 

10 Dominican Republic-Central America Free 

11 Trade Agreement, or a successor agreement, is 

12 in effect; 

13 (E) Chile, if the United States-Chile Free 

14 Trade Agreement, or a successor agreement, is 

15 in effect; and 

16 (F) India, for a period of 10 years begin17 ning on the date of the enactment of this Act; 

18 (2) if the article was produced or manufac19 tured, or underwent final assembly, by a person of 

20 the People’s Republic of China in a country de21 scribed in paragraph (1), 150 percent ad valorem on 

22 and after such date of enactment; and 

23 (3) if the article was produced or manufac24 tured, or underwent final assembly, in the People’s 

25 Republic of China— 


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1 (A) 150 percent ad valorem during the pe2 riod— 

3 (i) beginning on such date of enact4 ment; and 

5 (ii) ending on the day before the date 

6 that is 1 year after such date of enact7 ment; 

8 (B) 300 percent ad valorem during the pe9 riod— 

10 (i) beginning on the date that is 1 

11 year after such date of enactment; and 

12 (ii) ending on the day before the date 

13 that is 2 years after such date of enact14 ment; 

15 (C) 450 percent ad valorem during the pe16 riod— 

17 (i) beginning on the date that is 2 

18 years after such date of enactment; and 

19 (ii) ending on the day before the date 

20 that is 3 years after such date of enact21 ment; and 

22 (D) 800 percent ad valorem on and after 

23 the date that is 3 year after such date of enact24 ment. 


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1 (c) ADDITIONAL DUTIES.—The duty imposed under 

2 subsection (a) with respect to an article described in that 

3 subsection is in addition to any other duty applicable to 

4 the article. 

5 (d) DEFINITIONS.—In this section: 

6 (1) CONTROL.—The term ‘‘control’’ has the 

7 meaning given that term in section 800.208 of title 

8 31, Code of Federal Regulations (as in effect on the 

9 date of the enactment of this Act). 

10 (2) OWNED, CONTROLLED, DIRECTED, OR OP11 ERATED.—The term ‘‘owned, controlled, directed, or 

12 operated’’, with respect to an entity, includes any 

13 entity for which, on any date during the most recent 

14 12-month period, not less than 25 percent of the eq15 uity interests in such entity are held directly or indi16 rectly by 1 or more persons of the People’s Republic 

17 of China described in any of subparagraphs (A) 

18 through (E) of paragraph (3), including through— 

19 (A) interests in co-investment vehicles, 

20 joint ventures, or similar arrangements; or 

21 (B) a derivative financial instrument or 

22 contractual arrangement between the entity and 

23 such a person, including any such instrument 

24 or contract that seeks to replicate any financial 


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1 return with respect to such entity or interest in 

2 such entity. 

3 (3) PERSON OF THE PEOPLE’S REPUBLIC OF

4 CHINA.—The term ‘‘person of the People’s Republic 

5 of China’’ means— 

6 (A) the Government of the People’s Repub7 lic of China; 

8 (B) any agency, instrumentality, official, 

9 or agent of that Government; 

10 (C) any entity the headquarters of which 

11 are located in the People’s Republic of China; 

12 (D) any entity organized under the laws of 

13 the People’s Republic of China; 

14 (E) any entity substantively involved in the 

15 industrial policies or military-civil fusion strat16 egy of the People’s Republic of China, including 

17 by accepting funding from, performing a service 

18 for, or receiving a subsidy from the People’s 

19 Republic of China related to such policies or 

20 strategy; or 

21 (F) any entity owned, controlled, directed, 

22 or operated by an entity described in any of 

23 subparagraphs (A) through (E). 

Æ 


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