On October 10, 2020, President Trump issued a Proclamation increasing the safeguard tariff on Crystalline Silicon Photovoltaic (CSPV) Cells. The Proclamation adjusts the duty rate of the safeguard tariff for the fourth year of the safeguard measure to 18 percent to account for the exclusion of bifacial panels from application of the safeguard tariffs, which the President said has impaired the effectiveness of the 4-year action. The proclamation eliminates the exemption for bifacial panels [currently subject to a Court injunction] and modifies the action applicable to imports of CSPV cells under HTS subheading 8541.40.6025 and other CSPV products such as modules under HTS subheading 8541.40.6015, and modifies subchapter III of chapter 99 of the HTS.
The modifications to the HTS made by the proclamation are effective with respect to goods entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01 a.m. eastern daylight time 15 days after the date of the proclamation, and continue in effect as provided in the Annex to the proclamation, unless such actions are earlier expressly reduced, modified, or terminated. One year from the termination of the safeguard measure established in the proclamation, the US note and tariff provisions established in the Annex to the proclamation will be deleted from the HTS.