On October 28, CBP issued CSMS #44583265 – UPDATED GUIDANCE: Temporary Restraining Order Regarding the 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 mentions the CIT TRO and states:
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.”
