ExecutiveOrdersEO
Proc 10790ProclamationBiden · D

Proclamation 10790

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 expands the tariff-rate quota (TRQ) on imported crystalline silicon photovoltaic (CSPV) cells from 5 GW to 12.5 GW annually, modifying existing safeguard measures first imposed in 2018 and extended in 2022. The change responds to a domestic industry petition noting that increased U.S. module production requires more imported cells than the previous quota allowed.

Federal Register Open PDF 89 FR 66181

Impact dates

  1. U.S. note and tariff provisions deleted from HTS one year after safeguard measure termination

  2. Modified TRQ and HTS changes effective for goods entered for consumption

Key directives

  • Modify HTS subchapter III of chapter 99 as set forth in Annex I
  • Expand TRQ from 5 GW to 12.5 GW for CSPV cells
  • Apply modifications to goods entered on or after 12:01 a.m. EDT August 1, 2024
  • CSPV products entered above prior 5 GW limit but below new 12.5 GW limit shall not be assessed safeguard tariffs
  • U.S. Customs and Border Protection to ensure proper application of modifications
  • Delete HTS provisions one year after safeguard measure termination

Who is ordered

Timeline

Immediate

  • TRQ expansion to 12.5 GW takes effect for goods entered on or after August 1, 2024

Near term (90d)

  • U.S. Customs and Border Protection to implement operational changes for new quota tracking

Long term

  • Safeguard measure continues through remainder of extended period (originally 4 years from February 2022); HTS provisions to be deleted one year after safeguard measure termination

Risks & tensions

  • Potential WTO compliance concerns given safeguard measure extension and modification
  • Trade tension with excluded countries under clause (4) of Proclamation 10339
  • Domestic cell production may still lag module production, creating ongoing import dependence
  • Midpoint monitoring requirement (section 204(a)(2)) creates future reporting obligation
Proclamation 10790: 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