On October 26, 2020, CBP issued CSMS #44553480 – GUIDANCE: Modification of Section 201 Action on Solar Cells and Panels: Adjustment of Duty Rate for Fourth Year of Safeguard Measure and Revocation of Bifacial Panel Exclusion, which is reproduced below:
The purpose of this message is to provide guidance on the adjustment of the duty rate of the Section 201 safeguard tariff on solar cells and panels for the fourth year of the safeguard measure from 15 percent to 18 percent, and the revocation of the exclusion of bifacial panels from the safeguard tariff. The duty tariff rate adjustment will become effective for imports, or warehouse withdrawals, for consumption, on or after 12:01 a.m. February 7, 2021. The exclusion revocation is effective for imports, or warehouse withdrawals, for consumption, on or after 12:01 a.m. October 25, 2020.
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. 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). See 85 FR 65639. The President has determined to make two modifications to the Section 201 Action with regards to solar cells and panels: (1) The duty rate of the safeguard tariff for solar cells (over quota only) and modules for the fourth year of the safeguard measure is adjusted from 15 percent to 18 percent; and (2) The exclusion of bifacial solar panels from Section 201 safeguard tariff is revoked. The modifications are effective for imports, or warehouse withdrawals for consumption, on or after 12:01 a.m. October 25, 2020.
The functionality for the acceptance of the safeguard duty will be available in the Automated Commercial Environment (ACE) as of 7 am eastern standard time, October 25, 2020.
Per the Annex to 85 FR 65639, HTSUS Chapter 99, U.S. note 18 to subchapter III, subdivisions (f) and (h) are modified by adjusting the duty rate for the period February 7, 2021 to February 6, 2022 from 15 percent to 18 percent. Accordingly, as of February 7, 2021, the following duty rates will be:
- HTS 9903.45.22 (solar cells over quota) 18 percent
- HTS 9903.42.25 (solar modules) 18 percent
Additionally, HTSUS Chapter 99, U.S. note 18 to subchapter III is modified by deleting the following from 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;” and by redesignating current subdivisions (c)(iii)(16) and (c)(iii)(17) as subdivisions (c)(iii)(15) and (c)(iii)(16), respectively. Bifacial panels entered on or after 12:01 a.m. October 25, 2020 must also be reported under HTS 9903.45.25 for safeguard duty treatment.
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).
Related message numbers: 18-000262, 18-000169, 18-000111, 18-000106