Cargo Systems Messaging Service

CSMS #52609589 - Guidance: Suspension of Section 201 Safeguard Actions on Crystalline Silicon Photovoltaic Cells (CSPV) and Modules Originating in Canada

The purpose of this message is to provide guidance on the retroactive suspension of Section 201 solar safeguard measures on imports of crystalline silicon photovoltaic cells (CSPV) and modules originating in Canada and entered on or after February 1, 2022.

BACKGROUND
On July 15, 2022, the United States Trade Representative (USTR) posted on ustr.gov a Federal Register notice modifying the Harmonized Tariff Schedule of the United States (HTSUS) to suspend application of the solar Section 201 safeguard measure to imports of CSPV goods originating in Canada that entered the commerce of the United States on or after February 1, 2022.

The functionality of HTSUS subheading 9903.45.27 for the acceptance of the suspension of the solar safeguard measure to imports of CSPV goods originating in Canada will be available in the Automated Commercial Environment (ACE) as of 7:00 a.m. eastern standard time on July 19, 2022.

GUIDANCE
The suspension of Section 201 safeguard measures that is the subject of this message only applies to CSPV goods that are products of Canada as defined under the United States-Mexico Canada Agreement and that are products of Canada for purposes of 19 C.F.R. Part 102.

The suspension of the application of the solar safeguard measure is effective for imports of Canada originating CSPV goods entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01 a.m. eastern daylight time on February 1, 2022.

The suspension of the application of the solar safeguard measure is effective for imports of Canada originating goods that were admitted into a U.S. foreign trade zone under “privileged foreign status” as defined in 19 C.F.R. 146.41, prior to 12:01 a.m. eastern daylight time on February 1, 2022, upon the entry for consumption of such FTZ goods on or after February 1, 2022. Note that such goods were required to be imported into FTZs under privileged foreign status.

Importers should file entries of CSPV goods originating in Canada subject to the suspension of the solar safeguard measure using HTSUS subheading 9903.45.27 with the regular Chapter 1-97 classification. Importers shall not submit the corresponding Chapter 99 HTSUS numbers for the Section 201 duties or quotas when HTSUS subheading 9903.45.27 is used.

ADDITIONAL INFORMATION
Per the USTR Federal Register notice, the suspension of the solar safeguard measure applies only to unliquidated entries entered on or after February 1, 2022. Importers seeking to request a retroactive refund of Section 201 duties paid on unliquidated entries of CSPV goods originating in Canada and entered on or after February 1, 2022, may file a Post Summary Correction (PSC) if within the PSC filing timeframe. Per the USTR Federal Register notice, liquidated entries of CSPV goods originating in Canada and entered on or after February 1, 2022, are not eligible for a refund of Section 201 duties.

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 (Entry Summary Order of Reporting for Multiple HTS when 98 or 99 HTS are required).

For questions regarding Section 201 trade remedies, please refer to CSMS 42203908 (Information on Trade Remedy Questions and Resources)

Related CSMS Messages: 50933308, 50525157, 50263965, 45000915, 44583265, 40969690