Sec. 201. Calculation of emissions intensity
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Not later than June 30, 2026, and every 2 years thereafter, the United States International Trade Commission shall transmit to the President and publish a report with respect to the following: The average greenhouse gas emissions intensity of domestic iron and steel production, expressed in tons of CO2-e per ton of iron or steel, respectively. The average greenhouse gas emissions intensity of the domestic manufacture of covered iron and steel product categories and finished goods produced using covered iron and steel product categories, expressed in tons of CO2-e per ton of iron or steel, respectively.
An estimate the 90th emissions intensity percentiles for all domestically manufactured reported product categories. No later than June 30, 2026, and every 2 years thereafter, the United States International Trade Commission shall transmit to the President and publish a report with respect to the emissions intensity of the manufacture of covered iron and steel products in all foreign markets from which the United States imported in excess of $200,000,000 of iron and steel products, including finished goods, in any 1 of the preceding 5 years.
The emissions intensity with respect to such covered products shall be determined based on— the emissions intensity of the general economy of the country of origin of covered products as compared to the emissions intensity of the United States economy; or if the Commission determines that transparent, verifiable, and reliable information is available with respect to the iron and steel industry in the country of origin of covered products and that the country of origin is a transparent market economy— the emissions intensity of the iron and steel industry in such country; or if sufficiently disaggregated information is available, the emissions intensity of the manufacture of specific covered product in such country.
For purposes of this subsection, the average emissions intensity with respect to the production of a covered iron or steel product shall be determined based upon greenhouse gas emission and production data from all facilities which produce such good which are under common control of the manufacturer of such good, including any subsidiary, parent company, or joint venture of such manufacturer within the country of origin. With respect to any covered iron or steel product which is imported into the United States and for which other covered iron or steel products were used as inputs by the manufacturer in the production of the imported product, any greenhouse gas emissions associated with the production of the other inputs shall be included in the determination of the greenhouse gas emissions associated with production of the imported product.
For purposes of this subsection, with respect to any country, the emissions intensity of the general economy of such country shall be an amount equal to the quotient of— the greenhouse gas emissions of such country for the most recent year for which the President determines there is reliable information, divided by the gross domestic product of such country for such most recent year. The Commission shall also include in each report published pursuant to paragraph
(1)recommendations with respect to each applicable foreign market of the tariff rate to impose with respect to the importation of covered products from such market in order to compensate for any greater emissions intensity of production in such market. In the case of any entity which imports a covered iron or steel product for which the Commission determines the emissions intensity under subsection (b)(1)(A) or subsection (b)(1)(B)(i) , such entity may submit to the President a petition to determine any tariff pursuant to section 202 based on the average emissions intensity with respect to the production of the specific covered product by the manufacturer, including such information as the President may determine necessary to calculate such average emissions intensity.