On October 24, 2020, the US Court of International Trade (CIT) issued a temporary restraining order (TRO), which prevents the US government from making “any modification to the Harmonized Tariff Schedule of the United States that includes or reflects Proclamation 10101 … insofar as it relates to bifacial solar panels or bifacial panels.” The TRO specifically says CBP is “temporarily restrained from enforcing or making effective Proclamation 10101 insofar as it relates to bifacial solar panels or bifacial panels or any modifications to the Harmonized Tariff Schedule of the United States reflecting or including Proclamation 10101 insofar as it relates to bifacial solar panels or bifacial panels.” However, on October 26, 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 stated that:
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 US International Trade Commission (USITC) issued Rev. 25 of the HTS which was posted on October 26, 2020, The USITC restored the bifacial solar panel safeguard exemption based on the TRO issued by the CIT, as shown by the Change Record below:
| Item changed | Nature of change | Effective date | Source |
| U.S. note 18(c)(iii)(15), subch III, ch 99 | Restored | Oct. 15, 2020 | Judicial Action |
| U.S. note 18(c)(iii)(16), subch III, ch 99 | Redesignated | Oct. 15, 2020 | Judicial Action |
| U.S. note 18(c)(iii)(17), subch III, ch 99 | Redesignated | Oct. 15, 2020 | Judicial Action |
The TRO will only remain in place expire on “the earlier of November 7, 2020, fourteen days from the date of this order, unless renewed, or the date upon which this court rules upon Plaintiffs’ Motion to Modify Preliminary Injunction;” issued by the CIT in December 2019.
