|
The purpose of this message is to update guidance provided by U.S. Customs and Border Protection (CBP) on October 23 and October 28, 2020, regarding the modification of the Section 201 Action on Solar Cells and Panels. On November 19, 2020, the U.S. Court of International Trade (CIT) lifted the temporary restraining order (TRO) that restrained CBP from enforcing or making effective Presidential Proclamation 10101 insofar as it related to bifacial solar panels. CBP may now enforce the revocation of the exclusion of bifacial panels announced in Presidential Proclamation 10101.
BACKGROUND
On January 23, 2018, the President issued Proclamation 9693 to Facilitate Positive Adjustment to Competition from Imports of Certain Crystalline Silicon Photovoltaic Cells (Whether or Not Partially or Fully Assembled Into Other Products) and for Other Purposes, effective February 7, 2018. See 83 FR 3541. Proclamation 9693 imposed a safeguard measure under Section 201 of the Trade Act of 1974 (Trade Act) for a period of four years.
On October 10, 2020, the President issued 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. The President determined to make 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from 15 percent to 18 percent; and (2) The exclusion of bifacial solar panels from the Section 201 safeguard tariff was revoked.
The modifications announced in Presidential Proclamation 10101 are effective for imports, or warehouse withdrawals for consumption, on or after 12:01 a.m. October 25, 2020.
GUIDANCE
With the lifting of the TRO that had restrained CBP from enforcing or making effective Presidential Proclamation 10101 insofar as it related to bifacial solar panels, CBP will begin enforcing the revocation of the exclusions under HTSUS Chapter 99, U.S. note 18 to subchapter III, subdivision (c)(iii)(15) “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bifacial solar cells that absorb light and generate electricity on each side of the cells” on merchandise entered or withdrawn from warehouse for consumption on or after 12:01 a.m. October 25, 2020. As of October 25, 2020, bifacial solar panels are now subject to Section 201 duties.
ADDITIONAL INFORMATION
Reminder: When importers, brokers, and/or filers are submitting an entry summary in which a heading or subheading in Chapter 99 is claimed on imported merchandise, refer them to CSMS 39587858, dated August 30, 2019 (Entry Summary Order of Reporting for Multiple HTS when 98 or 99 HTS are required).
Related CSMS Message Numbers: 44583265, 44553480, 18-000262, 18-000169, 18-000111, 18-000106
|
