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Proc 10101ProclamationTrump 45 · R Quiet signal

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)

This proclamation modifies existing solar panel safeguard tariffs imposed in 2018 by: (1) revoking the exclusion for bifacial solar modules from safeguard duties, (2) raising the fourth-year safeguard tariff rate to 18 percent, and (3) authorizing the U.S. Trade Representative to request an ITC investigation on whether continued safeguards are needed. The tariff modifications take effect 15 days after October 10, 2020.

Federal Register Open PDF 85 FR 65639

Impact dates

  1. USTR may request ITC investigation with specified report transmission date

  2. HTS note and tariff provisions deleted one year after safeguard measure termination (original 4-year period ended February 7, 2022)

  3. Tariff modifications effective for goods entered for consumption or withdrawn from warehouse

Key directives

  • Revoke bifacial module exclusion from safeguard tariff
  • Set fourth-year safeguard tariff rate to 18%
  • Modify HTS subchapter III of chapter 99 per Annex
  • Authorize USTR to request ITC investigation under section 204(c)(1) and (3)
  • Specify effective date 15 days after proclamation

Who is ordered

Timeline

Immediate

  • Proclamation issued October 10, 2020
  • Bifacial module exclusion revoked
  • Fourth-year safeguard tariff set to 18%

Near term (90d)

  • Tariff modifications effective October 25, 2020 (15 days after signing)
  • USTR may request ITC investigation on continued necessity of safeguards

Long term

  • Safeguard measure continues through original 4-year period (expires 2022)
  • HTS provisions deleted one year after safeguard termination
  • Potential ITC investigation and report on industry adjustment

Risks & tensions

  • Downward price pressure on domestic cells from increased TRQ access noted but TRQ increase not actually implemented in this proclamation
  • Bifacial module market growth may be constrained by removing exclusion
  • Tension between supporting domestic module assembly (which uses imported cells) versus domestic cell production
  • ITC warned expanded cell imports could pressure domestic cell prices
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) · Executive Orders