CSMS #50525157 - Guidance: Suspension of Liquidation in Pending Section 201 Litigation, CIT No. 20-03941

U.S. Customs and Border Protection sent this bulletin at 12/28/2021 12:15 PM EST

Cargo Systems Messaging Service

CSMS #50525157 - Guidance: Suspension of Liquidation in Pending Section 201 Litigation, CIT No. 20-03941

The purpose of this message is to provide guidance on the U.S. Court of International Trade’s (CIT) December 7, 2021 court order in Solar Energy Industries Association et al. v. United States et al., CIT No. 20-03941, suspending liquidation of all unliquidated entries subject to the modifications imposed by Presidential Proclamation 10101 of October 10, 2020, to the Section 201 safeguard measures imposed by Presidential Proclamation 9693 of January 23, 2018, on crystalline silicon photovoltaic cells, whether or not partially or fully assembled into other products.

BACKGROUND

On November 16, 2021, the CIT issued a court order setting aside as null and void Proclamation 10101, and enjoining CBP and the United States from “taking any further action to effectuate or enforce Proclamation 10101,” thereby reverting 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. See 85 FR 65639.

On December 7, 2021, the CIT issued a court order instructing U.S. Customs and Border Protection (CBP) to suspend liquidation of any unliquidated entries of merchandise subject to Proclamation 10101, including those classified under Harmonized Tariff Schedule of United States (HTSUS) 9903.45.22 and 9903.45.25 as well as entries of bifacial solar panels.

SUSPENSION OF LIQUIDATION

CBP will suspend liquidation of all entries (including any entries where a Post Summary Correction (PSC) has been submitted) entered under HTSUS 9903.45.22 and 9903.45.25 entered between February 7, 2021 and February 6, 2022.

Where CBP identifies any entries of bifacial solar panels entered between October 25, 2020 and February 6, 2022, under HTS 9903.45.25 or any other HTS classification, CBP will also suspend liquidation of these entries (including any entries where a PSC has been submitted).

Importers entering bifacial solar panels should provide documentation to CBP that demonstrates the nature of the merchandise via the Document Imaging Service (DIS), using entry number as the reference, as instructed in CSMS# 50263965.

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.

Related message: #50263965

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