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Proc 10779ProclamationBiden · D Quiet signal

Proclamation 10779

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 revokes the exclusion of bifacial solar panels from Section 201 safeguard tariffs on crystalline silicon photovoltaic (CSPV) cells and modules, subjecting them to duties originally imposed in 2018 and extended in 2022. The action takes effect June 26, 2024, with limited exemptions for bifacial panels under pre-existing contracts executed before May 17, 2024, that are imported within 90 days of the effective date.

Federal Register Open PDF 89 FR 53333

Impact dates

  1. Deletion of HTS modifications one year after safeguard termination

  2. Close of 90-day window for pre-existing contract exemption entries

  3. Effective date: safeguard tariffs apply to bifacial panels

Key directives

  • Revoke exclusion of bifacial panels from Section 201 safeguard tariffs
  • Modify HTS subchapter III of chapter 99 as set forth in Annex I
  • Effective date: 12:01 a.m. EDT on June 26, 2024 (5 days after June 21, 2024)
  • Establish contract-based exemption for pre-May 17, 2024 contracts with 90-day import window
  • Require CBP compliance verification including contract documentation
  • Delete HTS modifications one year after safeguard measure termination

Who is ordered

Timeline

Immediate

  • Safeguard tariffs apply to bifacial panels starting June 26, 2024
  • CBP must implement compliance verification systems

Near term (90d)

  • Pre-existing contract exemption window closes (September 24, 2024)
  • Importers must complete certifications and enter qualifying bifacial panels

Long term

  • Safeguard measure continues with scheduled annual reductions through year 8 (originally 2022-2026, extended)
  • HTS modifications deleted one year after safeguard termination
  • Potential impact on domestic solar manufacturing capacity and market share

Risks & tensions

  • Trade tension with bifacial panel exporting countries (likely Southeast Asia, China)
  • Potential cost increases for utility-scale solar projects that rely on bifacial technology
  • Legal risk: prior litigation history (CIT 2021, Federal Circuit 2023) suggests possible further court challenges
  • Contract exemption deadline (May 17 execution date) may create disputes over contract modification timing
  • Vague: exact termination date of extended safeguard not specified in text—assumed 2026 based on 4-year extension from 2022
Proclamation 10779: 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