No official summary available for this bill.
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4978 Introduced in House (IH)]
<DOC>
119th CONGRESS
1st Session
H. R. 4978
To impose additional duties on imports of goods into the United States,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
August 15, 2025
Mr. Golden of Maine (for himself and Mr. Steube) introduced the
following bill; which was referred to the Committee on Ways and Means,
and in addition to the Committees on Financial Services, Foreign
Affairs, and Energy and Commerce, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To impose additional duties on imports of goods into the United States,
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 ``Secure Trade Act''.
TITLE I--IMPOSITION OF ADDITIONAL DUTIES ON IMPORTS OF GOODS INTO THE
UNITED STATES AND EXCEPTION TO DUTY EXEMPTION FOR DE MINIMIS ENTRIES
AND MODIFICATIONS TO ENTRY REGULATIONS
SEC. 101. IMPOSITION OF ADDITIONAL DUTIES ON IMPORTS OF GOODS INTO THE
UNITED STATES.
(a) In General.--There shall be imposed a duty on imports of any
good into the United States in an amount equal to 10 percent ad valorem
of the good for each calendar year beginning on or after the date of
the enactment of this Act.
(b) Duties To Be Considered Additional Duties.--The duty required
by subsection (a) with respect to a good is in addition to any other
duty imposed by law with respect to the good.
(c) Waiver.--
(1) In general.--Subject to paragraph (2), the President
may reduce the percentage requirement in subsection (a) (but
not to zero) with respect to goods in any economic sector of
the United States if the President determines that such
reduction is in the national interest or national security
interest of the United States.
(2) Congressional consultation.--The President shall
consult with the Committee on Ways and Means of the House of
Representatives and the Committee on Finance of the Senate
prior to exercising the authority of paragraph (1) for purposes
of determining whether the economic sector that is to be the
subject of the reduction of the percentage requirement in
subsection (a) is appropriate.
TITLE II--TRADE WITH CHINA
SEC. 201. MODIFICATIONS TO RATES OF DUTY TO ADDRESS TRADE WITH THE
PEOPLE'S REPUBLIC OF CHINA.
(a) Establishment of Rates of Duty With Respect to Articles of the
People's Republic of China.--
(1) In general.--The President, by proclamation, shall
revise the Harmonized Tariff Schedule of the United States (in
this Act referred to as the ``HTS'') to include rates of duty
applicable only with respect to articles of the People's
Republic of China.
(2) Rates.--
(A) In general.--The rates of duty proclaimed under
paragraph (1) shall be, except as provided by
subsection (h), the rates of duty set forth in the
column 2 rate of duty column of the HTS on the day
before the date of the enactment of this Act, modified
as required by subsection (b) and, if applicable,
adjusted for inflation under subsection (c).
(B) Minimum rate of duty for non-strategic goods.--
A rate of duty described in subparagraph (A) of an
article that is not an article specified in section 203
that is less than 35 percent ad valorem as of the day
before the date of the enactment of this Act shall be
increased to 35 percent ad valorem.
(b) Modifications to Rates of Duty With Respect to Articles of the
People's Republic of China.--
(1) Ad valorem duties and free rates of duty.--
(A) In general.--A rate of duty set forth in the
column 2 rate of duty column of the HTS that is
expressed as a percentage, or that is free, shall,
except as provided by subparagraph (B) or (C), continue
to apply to articles of the People's Republic of China.
(B) Minimum rate of 100 percent for certain
articles.--In the case of an article specified in
section 203, a rate of duty described in subparagraph
(A) that is less than 100 percent ad valorem as of the
day before the date of the enactment of this Act shall
be increased to 100 percent ad valorem.
(2) Specific and compound rates of duty.--
(A) In general.--A rate of duty set forth in the
column 2 rate of duty column of the HTS that is
expressed as a specific or compound rate of duty shall,
except as provided by subparagraphs (B) and (C),
continue to apply to articles of the People's Republic
of China, subject to adjustment for inflation under
subsection (c).
(B) Minimum rate equivalent to 100 percent ad
valorem for certain articles.--In the case of an
article specified in section 203, a rate of duty
described in subparagraph (A) that is less than the
equivalent of 100 percent ad valorem, after adjustment
for inflation under subsection (c), shall be increased
to be equivalent to 100 percent ad valorem.
(c) Adjustment of Duties for Inflation.--
(1) In general.--As soon as practicable after the date of
the enactment of this Act, and on December 31 of each year
thereafter, the President shall proclaim modifications to
adjust the specific and compound rates of duty described in
subsection (b)(2), as modified under that subsection, to
reflect the increase in the average of the Consumer Price Index
for the most recent full calendar year for which data are
available compared to the Consumer Price Index for calendar
year 1930.
(2) Effective date of inflation adjustments.--
(A) First adjustment.--
(i) In general.--The first adjustment
required by paragraph (1) shall apply with
respect to articles entered, or withdrawn from
warehouse for consumption, on or after January
1, 2025.
(ii) Rules for retroactive collection.--Not
later than 180 days after the date of the
enactment of this Act, the Commissioner of U.S.
Customs and Border Protection shall issue rules
for the retroactive collection of duties under
clause (i).
(B) Subsequent adjustments.--Each adjustment
required by paragraph (1) after the first such
adjustment shall apply with respect to articles
entered, or withdrawn from warehouse for consumption,
on or after January 1 of the year beginning after the
issuance of the proclamation.
(3) Base rate.--For purposes of the adjustment required by
paragraph (1), the President shall use the rate of duty
applicable under the column 2 general rate of duty column of
the HTS, as modified under subsection (b), as the base rate.
(4) Consumer price index defined.--For purposes of this
subsection, 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.
(d) Phase-In of Duty Increases.--The President shall, by
proclamation, phase-in the application of the duty increases required
by subsection (a), as modified under subsection (b) and, if applicable,
adjusted for inflation under subsection (c), as follows:
(1) On and after the date that is 180 days after the date
of the enactment of this Act, 10 percent of the total duty
increase with respect to an article shall apply.
(2) On and after the date that is 2 years after such date
of enactment, 25 percent of the total duty increase with
respect to an article shall apply.
(3) On and after the date that is 4 years after such date
of enactment, 50 percent of the total duty increase with
respect to an article shall apply.
(4) On and after the date that is 5 years after such date
of enactment, 100 percent of the total duty increase with
respect to an article shall apply.
(e) Information From International Trade Commission.--
(1) In general.--Not later than July 1 of each year, the
United States International Trade Commission (in this Act
referred to as the ``Commission'') shall submit to the
President the information described in paragraph (2) with
respect to articles that are subject to a specific or compound
rate of duty under the column 2 rate of duty column of the HTS
and for which sufficient data are available to calculate the ad
valorem equivalent of those rates of duty.
(2) Information described.--The information described in
this paragraph is an identification of which articles specified
in section 203 have an ad valorem equivalent rate of duty of
less than 100 percent after adjustment for inflation under
subsection (c) and, for each such article, a calculation of the
specific or compound rate of duty that would increase the rate
of duty to be equivalent to 100 percent ad valorem.
(f) Treatment of Articles Imported Only From the People's Republic
of China.--
(1) Tariff-rate quotas.--
(A) Annual adjustments.--
(i) In general.--Notwithstanding any other
provision of law, the President shall, by
proclamation, establish a tariff-rate quota
that shall--
(I) apply to each article imported
only from the People's Republic of
China; and
(II) be set for each calendar year
at an amount that is equal to the
amount, if any, by which consumption of
the article in the United States in the
most recent calendar year for which
data are available exceeds production
of the article in the United States
during that calendar year.
(ii) Determination of the people's republic
of china as only source.--For purposes of
subparagraph (A)(i)(I), the President shall
determine that an article is imported only from
the People's Republic of China if official
trade statistics of the Department of Commerce
for the most recent full calendar year for
which data are available for the applicable
subheading of any of chapters 1 through 97 of
the HTS, as reported on entry summary forms,
show that the article is imported only from the
People's Republic of China and from no other
country.
(B) Entry of in-quota articles.--Notwithstanding
any other provision of this section, an article
described in subparagraph (A)(i)(I) that is entered
before the applicable tariff-rate quota is reached for
the calendar year in which the article is entered
shall--
(i) during the 3-year period beginning on
the date of the enactment of this Act, be
subject to the rate of duty applicable to the
article on the day before such date of
enactment; and
(ii) after the period described in clause
(i), be subject to the rate of duty applicable
under subsection (a), as modified under
subsection (b) and as phased-in under paragraph
(2).
(C) Entry of above-quota articles.--Notwithstanding
any other provision of this section, an article
described in subparagraph (A)(i)(I) that is entered
after the tariff-rate quota is reached for the calendar
year in which the article is entered shall be subject
to a rate of duty of 100 percent ad valorem.
(2) Phase-in of duty increases.--Beginning on the date that
is 3 years after the date of the enactment of this Act, the
President may, by proclamation, phase-in the application of the
duty increases required by paragraph (1)(B) with respect to
each article described in paragraph (1)(A)(i)(I) and entered
before the applicable tariff-rate quota under paragraph (1) is
reached for the calendar year in which the article is entered,
as follows:
(A) On and after the date that is 3 years after the
date of the enactment of this Act, 10 percent of the
total duty increase required by paragraph (1)(B) with
respect to the article shall apply.
(B) On and after the date that is 5 years after
such date of enactment, 25 percent of the total duty
increase required by paragraph (1)(B) with respect to
the article shall apply.
(C) On and after the date that is 6 years after
such date of enactment, 50 percent of the total duty
increase required by paragraph (1)(B) with respect to
the article shall apply.
(D) On and after the date that is 7 years after
such date of enactment, 100 percent of the total duty
increase required by paragraph (1)(B) with respect to
the article shall apply.
(3) Information from international trade commission.--Not
later than July 1 of each year, the Commission shall submit to
the President an estimate of the production and consumption in
the United States of articles described in paragraph
(1)(A)(i)(I) for which sufficient data are available to make
such an estimate.
(g) Authority To Further Modify Duties Specific to the People's
Republic of China.--
(1) In general.--The President, by proclamation, may
increase the rates of duty applicable to articles of the
People's Republic of China to rates that are higher than the
rates of duty described in subsection (a) and modified as
required by subsection (b) if the President determines doing so
is necessary to counteract the dependence of the United States
on imports from the People's Republic of China or to penalize
the People's Republic of China for unfair trading practices.
(2) Phase-in.--If the President proclaims an increase in a
rate of duty under paragraph (1), the President shall provide
for the increase to be phased-in over a period of 5 years on a
schedule equivalent to the schedule set forth in subsection
(d).
(3) Report.--The President may, for one or more periods of
not more than 60 days each, waive the application of this
subsection with respect to articles described in paragraph (1)
if the President certifies Congress, not later than 15 days
before such waiver takes effect, that the waiver is vital to
the national security interests of the United States.
(h) Additional Authorities.--
(1) Authority to impose quotas to decrease reliance on
chinese imports.--The President may establish quotas for the
progressive elimination of reliance on any articles imported
from the People's Republic of China.
(2) Authority to prohibit imports.--
(A) In general.--The President may prohibit the
importation of any article from the People's Republic
of China if the President determines that--
(i) the importation of the article poses a
threat to the national security of the United
States; or
(ii) the article is produced in a manner
that--
(I) constitutes an unfair trade
practice; or
(II) violates human rights.
(B) Regulations.--The President shall prescribe
such regulations as may be necessary for the
enforcement of this paragraph.
(3) Additional authority.--In addition to the other
authorities provided by this section, the President may
proclaim such modifications to the HTS as the President
determines appropriate to achieve the objectives of this Act,
including with respect to the manner of reflecting any
modifications in the HTS.
SEC. 202. VALUATION OF MERCHANDISE IMPORTED FROM THE PEOPLE'S REPUBLIC
OF CHINA.
Subpart A of part I of title IV of the Tariff Act of 1930 (19
U.S.C. 1401 et seq.) is amended by adding at the end the following:
``SEC. 403. VALUATION OF MERCHANDISE IMPORTED FROM THE PEOPLE'S
REPUBLIC OF CHINA.
``(a) In General.--Notwithstanding any other provision of law,
merchandise imported from the People's Republic of China shall be
appraised on the basis of the United States value of the merchandise.
``(b) Verification of United States Value.--
``(1) Submission by importers.--An importer of merchandise
described in subsection (a) shall submit to U.S. Customs and
Border Protection, upon entry of the merchandise, a statement
of the United States value of the merchandise.
``(2) Verification by u.s. customs and border protection.--
U.S. Customs and Border Protection shall--
``(A) verify the information with respect to the
United States value of merchandise submitted by an
importer under paragraph (1); and
``(B) submit to the United States International
Trade Commission--
``(i) a determination of whether or not the
value submitted by the importer is accurate;
and
``(ii) if that value is not accurate, a
revised value for the merchandise.
``(c) United States Value Defined.--In this section, the term
`United States value', with respect to imported merchandise, means the
price at which the imported merchandise or similar imported merchandise
is freely offered for sale, packed ready for delivery, in the principal
market of the United States to all purchasers, at the time of
importation of the imported merchandise.''.
SEC. 203. ARTICLES SPECIFIED.
The articles specified in this section are articles that--
(1) on the day before the date of the enactment of this
Act, are--
(A) identified on the Department of Commerce's
Draft List of Critical Supply Chains pursuant to
Executive Order 14017 (February 24, 2021);
(B) subject to an investigation under section 301
of the Trade Act of 1971 (19 U.S.C. 2411); or
(C) subject to an investigation under section 232
of the Trade Expansion Act of 1962 (19 U.S.C. 1862); or
(2) subject to the discretion of the Secretary of Commerce,
are dual-use items (as such terms are defined in section 1742
of the Export Control Reform Act of 2018 (50 U.S.C. 4801)).
SEC. 204. REVIEW BY COMMITTEE ON FOREIGN INVESTMENT IN THE UNITED
STATES OF GREENFIELD AND BROWNFIELD INVESTMENTS BY
FOREIGN COUNTRIES OF CONCERN.
(a) Inclusion in Definition of Covered Transaction.--Section
721(a)(4) of the Defense Production Act of 1950 (50 U.S.C. 4565(a)(4))
is amended--
(1) in subparagraph (A)--
(A) in clause (i), by striking ``; and'' and
inserting a semicolon;
(B) in clause (ii), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(iii) any transaction described in
subparagraph (B)(vi) proposed or pending on or
after the date of the enactment of this
clause.'';
(2) in subparagraph (B), by adding at the end the
following:
``(vi) Subject to subparagraphs (C) and
(E), an investment by a foreign person that--
``(I) involves--
``(aa) the completed or
planned purchase or lease by,
or a concession to, the foreign
person of private or public
real estate in the United
States; and
``(bb) the establishment of
a United States business to
operate a factory or other
facility on that real estate;
and
``(II) could result in control,
including through formal or informal
arrangements to act in concert, of that
United States business by--
``(aa) the government of a
foreign country of concern (as
defined in section 10612(a) of
the Research and Development,
Competition, and Innovation Act
(42 U.S.C. 19221(a)));
``(bb) a person owned or
controlled by, or acting on
behalf of, such a government;
``(cc) an entity in which
such a government has, directly
or indirectly, including
through formal or informal
arrangements to act in concert,
a 5 percent or greater
interest;
``(dd) an entity in which
such a government has, directly
or indirectly, the right or
power to appoint, or approve
the appointment of, any members
of the board of directors,
board of supervisors, or an
equivalent governing body
(including external directors
and other individuals who
perform the duties usually
associated with such titles) or
officers (including the
president, senior vice
president, executive vice
president, and other
individuals who perform duties
normally associated with such
titles) of any other entity
that held, directly or
indirectly, including through
formal or informal arrangements
to act in concert, a 5 percent
or greater interest in the
entity in the preceding 3
years; or
``(ee) an entity in which
any members or officers
described in item (dd) of any
other entity holding, directly
or indirectly, including
through formal or informal
arrangements to act in concert,
a 5 percent or greater interest
in the entity are officials of
such a government in the
preceding 3 years.'';
(3) in subparagraph (C)(i), in the matter preceding
subclause (I), by striking ``subparagraph (B)(ii)'' and
inserting ``clause (ii) or (vi) of subparagraph (B)''; and
(4) in subparagraph (E), by striking ``clauses (ii) and
(iii)'' and inserting ``clauses (ii), (iii), and (vi)''.
(b) Mandatory Filing of Declarations.--Section
721(b)(1)(C)(v)(IV)(bb) of the Defense Production Act of 1950 (50
U.S.C. 4565(b)(1)(C)(v)(IV)(bb)) is amended by adding at the end the
following:
``(DD) Greenfield
and brownfield
investments by foreign
countries of concern.--
The parties to a
covered transaction
described in subsection
(a)(4)(B)(vi) shall
submit a declaration
described in subclause
(I) with respect to the
transaction.''.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Ways and Means, and in addition to the Committees on Financial Services, Foreign Affairs, and Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Ways and Means, and in addition to the Committees on Financial Services, Foreign Affairs, and Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Ways and Means, and in addition to the Committees on Financial Services, Foreign Affairs, and Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Ways and Means, and in addition to the Committees on Financial Services, Foreign Affairs, and Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
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