Cargo Systems Messaging Service
CSMS #50263965 - Guidance: Section 201 Bifacial Solar Panels Court Order on Presidential Proclamation 10101
The purpose of this message is to provide guidance on the U.S. Court of International Trade’s (CIT) November 16, 2021, court order in CIT No. 20-03941 modifying the duty rate of the Section 201 safeguard tariff for solar cells and modules for the fourth year of the safeguard measure from 18 percent back to 15 percent, and reinstating the exclusion of bifacial solar panels from the safeguard.
BACKGROUND
On October 10, 2020, the President issued Presidential Proclamation 10101: To Further Facilitate Positive Adjustment to Competition From Imports of Certain Crystalline Silicon Photovoltaic Cells (Whether or Not Partially or Fully Assembled Into Other Products). See 85 FR 65639. Proclamation 10101 made two modifications to the Section 201 Action with regards to solar cells and panels: (1) The duty rate of the safeguard tariff for solar cells (over quota only) and modules for the fourth year of the safeguard measure was adjusted from 15 percent to 18 percent; and (2) The exclusion of bifacial solar panels from Section 201 safeguard tariff was revoked.
On November 16, 2021, the CIT issued a court order setting aside as null and void Proclamation 10101, modifying the duty rate of the Section 201 safeguard tariff for solar cells (over quota only) and modules for the fourth year of the safeguard measure from 18 percent back to 15 percent, and reinstating the exclusion of bifacial solar panels from the Section 201 safeguard tariff.
The functionality for the acceptance of solar cells (over quota only) and modules at the 15 percent duty rate under HTSUS 9903.45.22 and 9903.45.25 was available in the Automated Commercial Environment (ACE) as of 7 am eastern standard time, November 16, 2021.
GUIDANCE
Importers entering bifacial solar panels that absorb light and generate electricity on each side of the panel and that consist of only bifacial solar cells that absorb light and generate electricity on each side of the cells should provide sufficient documentation to CBP to demonstrate the nature of the merchandise, including all relevant invoices and model numbers, as well as any other relevant information. Supporting documentation for the bifacial solar panels should be uploaded into the Document Imaging Service (DIS), using entry number as the reference in DIS.
ADDITIONAL INFORMATION
Questions related to the Section 201 safeguard should be sent to the appropriate Center at https://www.cbp.gov/trade/centers-excellence-and-expertise-information/cee-directory.
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