Certain Solar Products Excluded from Section 201 Safeguard Measure

The United States Trade Representative has determined that particular crystalline silicon photovoltaic (CSPV) products should be excluded from the safeguard measure applied to certain solar products and is modifying subchapter III of chapter 99 of the Harmonized Tariff Schedule of the United States (HTS) as set forth in the Annex of the notice to implement the exclusions.  The exclusion is effective June 13, 2019.

solar panel

Background

On January 23, 2018, the President issued Presidential Proclamation 9693 and Presidential Proclamation 9694 imposing tariff rate quotas and increased duties on imports of solar cells and panels, and washing machines and parts, effective February 7, 2018.  This action was taken after the respective U.S industries filed petitions under Section 201 of the Trade Act of 1974 with the U.S. International Trade Commission (ITC), and the ITC found that these U.S. industries were injured by imported goods. These measures have a duration of four years for solar cells and panels, and three years for washing machines and parts. These measures cover imports from all countries, except certain developing countries. Canada is also excluded from the washing machines/parts measures. See Federal Register 83 FR 3541 and 83 FR 3553. On September 19, 2018, The Trade Representative granted certain product exclusion requests with a determination in the Federal Register Notice (83 FR 47393). As the result of an evaluation of the factors set out in the February 14 notice (83 FR 47393), the Trade Representative has determined to grant the product exclusions set out in the Annex to this notice.

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