| Title: | GUIDANCE: Exclusion of Particular Products from Section 201 (Solar Products) |
|---|---|
| Date: | 2019-06-28 |
| To: | abi,acep,acer,edi,newace,rail |
| Links: | previous, original, next |
The product exclusion announced in this guidance will apply as of June 13, 2019.
BACKGROUND
On January 23, 2018, the President issued Presidential Proclamation 9693 and Presidential Proclamation 9694 imposing tariff rate quotas and increased duties on imports of solar cells and panels, and washing machines and parts, effective February 7, 2018.
This action was taken after the respective U.S industries filed petitions under Section 201 of the Trade Act of 1974 with the U.S. International Trade Commission (ITC), and the ITC found that these U.S. industries were injured by imported goods. These measures have a duration of four years for solar cells and panels, and three years for washing machines and parts. These measures cover imports from all countries, except certain developing countries. Canada is also excluded from the washing machines/parts measures. See Federal Register 83 FR 3541 and 83 FR 3553.
On September 19, 2018, The Trade Representative granted certain product exclusion requests with a determination in the Federal Register Notice (83 FR 47393).
As the result of an evaluation of the factors set out in the February 14 notice (83 FR 47393), the Trade Representative has determined to grant the product exclusions set out in the Annex to this notice.
GUIDANCE
On June 13, 2019 the USTR published Federal Register Notice 84 FR 27684 announcing the exclusion of certain solar products. The Section 201 Harmonized Tariff Schedule classification 9903.45.25 will no longer need to be filed with imports of goods described in subdivisions (15), (16), and (17) of Note 18, Subchapter III, Chapter 99, of the Harmonized Tariff Schedule of the United States.
ANNEX to 84 FR 27684
Effective with respect to article entered or withdrawn from a warehouse for consumption, on or after 12:01 a.m. eastern daylight time on June 13, 2019, U.S. note 18 to subchapter III of chapter 99 of the Harmonized Tariff Schedule of the United States (HTSUS) is modified by inserting the following new subdivisions in numerical sequence at the end of 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;
(16) flexible fiberglass solar panels without glass components other than fiberglass, such panels having power outputs ranging from 250 to 900 watts;
(17) solar panels consisting of solar cells arranged in rows that are laminated in the panel and that are separated by more than 10 mm, with an optical film spanning the gaps between all rows that is designed to direct sunlight onto the solar cells, and not including panels that lack said optical film or only have a white or other backing layer that absorbs or scatters sunlight.”