UPDATED GUIDANCE: Temporary Restraining Order Regarding the 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

CSMS #44583265 - UPDATED GUIDANCE: Temporary Restraining Order Regarding the 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 U.S. Customs and Border Protection sent this bulletin at 10/28/2020 04:40 PM EDT   Cargo Systems Messaging Service CSMS #44583265 - UPDATED GUIDANCE: Temporary Restraining Order Regarding the 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 The purpose of this message is to update guidance provided by U.S. Customs and Border Protection (CBP) on October 23, 2020, regarding the modification of the Section 201 Action on Solar Cells and Panels.  The U.S. Court of International Trade (CIT) has granted a temporary restraining order (TRO), restraining CBP from enforcing or making effective Presidential Proclamation 10101 insofar as it relates to bifacial solar panels or bifacial panels.  In accordance with the TRO, and until further notice, CBP will not enforce the revocation of the exclusion of bifacial solar panels from the Section 201 safeguard measure. BACKGROUND On January 23, 2018, the President issued Proclamation 9693 to Facilitate Positive Adjustment to Competition from Imports of Certain Crystalline Silicon Photovoltaic Cells (Whether or Not Partially or Fully Assembled Into Other Products) and for Other Purposes, effective February 7, 2018.  See 83 FR 3541 , dated January 25, 2018 .  Proclamation 9693 imposed a safeguard measure under Section 201 of the Trade Act of 1974 (Trade Act) for a period of four years. On October 10, 2020, the President issued 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).  GUIDANCE Per the TRO, and until further notice, CBP will not enforce the revocation of HTSUS Chapter 99, U.S. note 18 to subchapter III, 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.” ADDITIONAL INFORMATION Reminder: When importers, brokers, and/or filers are submitting an entry summary in which a heading or subheading in Chapter 99 is claimed on imported merchandise, refer them to CSMS 39587858 , dated August 30, 2019 (Entry Summary Order of Reporting for Multiple HTS when 98 or 99 HTS are required). Related Message Number(s):  18-000262, 18-000169, 18-000111, 18-000106   Update your subscriptions, modify your password or e-mail address, or stop subscriptions at any time on your Subscriber Preferences Page . You will need to use your e-mail address to log in. If you have questions or problems with the subscription service, please contact subscriberhelp.govdelivery.com . This service is provided to you at no charge by U.S. Customs and Border Protection . Privacy Policy | GovDelivery is providing this information on behalf of U.S. Department of Homeland Security, and may not use the information for any other purposes. Powered by Privacy Policy | Cookie Statement | Help