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The purpose of this message is to update guidance provided by U.S. Customs and Border Protection (CBP) on October 23, 2020, regarding the modification of the Section 201 Action on Solar Cells and Panels. The U.S. Court of International Trade (CIT) has granted a temporary restraining order (TRO), restraining CBP from enforcing or making effective Presidential Proclamation 10101 insofar as it relates to bifacial solar panels or bifacial panels. In accordance with the TRO, and until further notice, CBP will not enforce the revocation of the exclusion of bifacial solar panels from the Section 201 safeguard measure.
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, dated January 25, 2018. 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).
GUIDANCE
Per the TRO, and until further notice, CBP will not enforce the revocation of 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.”
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 Message Number(s): 18-000262, 18-000169, 18-000111, 18-000106
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