Sec. 5. Definitions
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In this Act: The term appropriate committees of Congress means— the Committee on Energy and Natural Resources of the Senate; the Committee on Environment and Public Works of the Senate; and the Committee on Energy and Commerce of the House of Representatives. The term average product emissions intensity means the national average of the product emissions intensity of a category of covered products produced in, as applicable— the United States; or a covered country. CO 2 - e The term carbon dioxide-equivalent or CO means the number of metric tons of carbon dioxide emissions with the same global warming potential as one metric ton of another greenhouse gas. 2 -e The term category of covered products means— a category described in any of clauses
(i)through
(xxii)of subparagraph (B), each of which consists of products covered by the headings or subheadings of the Harmonized Tariff Schedule of the United States described parenthetically in that clause; and any other category of covered products, as determined by the Secretary, consisting of products covered by 1 or more headings or subheadings of the Harmonized Tariff Schedule of the United States. The categories referred to in subparagraph (A)(i), consisting of products covered by the headings or subheadings of the Harmonized Tariff Schedule of the United States described parenthetically for each category, are the following: Aluminum (any of 7601 through 7608). Articles of aluminum (any of 7609 through 7616). Articles of cement (6810 or 6811). Articles of iron and steel (any of 7307 through 7326). Articles of plastic (any of 3916 through 3926). Biofuels (2207.10, 2207.20, or 3826). Cement (2523 or 3824.5). Crude oil (2709). Fertilizer (2808, 2814, 2834.21, or any of 3101 through 3105). Glass (any of 7001 through 7020). Hydrogen (2804.10). Iron and steel (any of 7201 through 7306). Lithium-ion batteries (8507.60). Natural gas (2711.11 or 2711.21). Petrochemicals (2901 or 2711.14). Plastics (any of 3901 through 3915). Pulp and paper (any of 4701 through 4707 or 4801 through 4813). Refined strategic and critical minerals, including copper, cobalt, graphite, lithium, manganese, and nickel (2825.50, 2827.41, any of 7401 through 7404, 7406, 2822.00, 8105.20, 8105.30, 2504, 3801.10, 2836.91, 2825.20, 2820.10, 8111, 2825.40, any of 7501 through 7504, or 2833.24). Refined petroleum products (2710, 2712, 2713, 2714, 2715, 2902.20, 2902.30, or 2902.44). Solar cells and panels (any of 8541.42 through 8541.43 or 8501.71 through 8501.80). Uranium (2612.10, 2844.10, 2844.20, or 2844.30). Wind turbines (8502.31). The term covered country means each of the following: A country that is a member of the Group of Seven. A country that is a signatory to a free trade agreement with the United States that is in effect as of the date on which the Secretary begins a study under section 3. A foreign country of concern (as defined in section 9901 of the William M.
(Mac)Thornberry National Defense Authorization Act for Fiscal Year 2021 ( 15 U.S.C. 4651 )). A country that, in the determination of the Secretary, holds more than a de minimis share of the global market share, as measured by official trade statistics, of— 1 or more categories of covered products; or upstream inputs for 1 or more categories of covered products. Any other country that the Secretary determines to be appropriate, including any country that the Secretary determines is a significant producer or exporter of at least 1 category of covered products. The term covered product means a product covered by— any of the headings or subheadings of the Harmonized Tariff Schedule of the United States described parenthetically in paragraph (4)(B); or any other heading or subheading of the Harmonized Tariff Schedule of the United States included within a category of covered products determined by the Secretary in accordance with paragraph (4)(A)(ii). The term greenhouse gas has the meaning given the term in section 901 of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17321 ). The term product emissions intensity means the quantity of greenhouse gases emitted to the atmosphere as a result of the extraction, production, processing, manufacture, and assembly, as applicable, of 1 unit of a covered product, including the greenhouse gas emissions of an upstream input that is incorporated into a downstream covered product. The Secretary, as the Secretary determines to be appropriate, shall designate the units of measurement in which the product emissions intensity of a covered product shall be expressed, which may include— metric tons of CO 2 -e per metric ton of a covered product; metric tons of CO 2 -e per dollar value of a covered product; or any other unit of measurement that the Secretary determines to be appropriate. The term Secretary means the Secretary of Energy.
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