CSMS 50525157·Operational·December 28, 2021·View on csms.cbp.gov ↗

Guidance: Suspension of Liquidation in Pending Section 201 Litigation, CIT No. 20

Plain-English explanation

CSMS 50525157 is a U.S. Customs and Border Protection (CBP) Cargo Systems Messaging Service bulletin (operational), published on December 28, 2021. It carries the official CBP guidance brokers and importers must follow for the topic — "Guidance: Suspension of Liquidation in Pending Section 201 Litigation, CIT No. 20". CSMS messages are the operational layer between Commerce determinations and at-the-border collections: when Commerce publishes a new rate, scope ruling, or instruction, CBP turns it into a CSMS that ACE/ACS systems and brokers act on.

Message body

Full text as published by U.S. Customs and Border Protection

CSMS #50525157 - Guidance: Suspension of Liquidation in Pending Section 201 Litigation, CIT No. 20-03941 U.S. Customs and Border Protection sent this bulletin at 12/28/2021 12:15 PM EST Cargo Systems Messaging Service CSMS #50525157 - Guidance: Suspension of Liquidation in Pending Section 201 Litigation, CIT No. 20-03941 The purpose of this message is to provide guidance on the U.S. Court of International Trade’s (CIT) December 7, 2021 court order in Solar Energy Industries Association et al. v. United States et al., CIT No. 20-03941, suspending liquidation of all unliquidated entries subject to the modifications imposed by Presidential Proclamation 10101 of October 10, 2020, to the Section 201 safeguard measures imposed by Presidential Proclamation 9693 of January 23, 2018, on crystalline silicon photovoltaic cells, whether or not partially or fully assembled into other products. BACKGROUND On November 16, 2021, the CIT issued a court order setting aside as null and void Proclamation 10101, and enjoining CBP and the United States from “taking any further action to effectuate or enforce Proclamation 10101,” thereby reverting the duty rate of the Section 201 safeguard tariff for solar cells (over quota only) and modules for the fourth year of the safeguard measure from 18 percent back to 15 percent, and reinstating the exclusion of bifacial solar panels from the Section 201 safeguard tariff. See 85 FR 65639 . On December 7, 2021, the CIT issued a court order instructing U.S. Customs and Border Protection (CBP) to suspend liquidation of any unliquidated entries of merchandise subject to Proclamation 10101, including those classified under Harmonized Tariff Schedule of United States (HTSUS) 9903.45.22 and 9903.45.25 as well as entries of bifacial solar panels. SUSPENSION OF LIQUIDATION CBP will suspend liquidation of all entries (including any entries where a Post Summary Correction (PSC) has been submitted) entered under HTSUS 9903.45.22 and 9903.45.25 entered between February 7, 2021 and February 6, 2022. Where CBP identifies any entries of bifacial solar panels entered between October 25, 2020 and February 6, 2022, under HTS 9903.45.25 or any other HTS classification, CBP will also suspend liquidation of these entries (including any entries where a PSC has been submitted). Importers entering bifacial solar panels should provide documentation to CBP that demonstrates the nature of the merchandise via the Document Imaging Service (DIS), using entry number as the reference, as instructed in CSMS# 50263965 . ADDITIONAL INFORMATION Questions related to the Section 201 safeguard should be sent to the appropriate Center at https://www.cbp.gov/trade/centers-excellence-and-expertise-information/cee-directory . Related message: #50263965 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

Frequently asked questions

What is CSMS 50525157?

CSMS 50525157 is a U.S. Customs and Border Protection (CBP) Cargo Systems Messaging Service bulletin titled "Guidance: Suspension of Liquidation in Pending Section 201 Litigation, CIT No. 20". CSMS bulletins are the operational instructions CBP issues to brokers, importers, and ACE filers covering rate changes, system updates, scope guidance, and other day-to-day customs-operations changes.

When was CSMS 50525157 published?

CBP published CSMS 50525157 on December 28, 2021. The bulletin's instructions are typically operative as of the publication date unless the body specifies a different effective date.

Is the CBP CSMS the legally binding instruction?

Yes — for at-the-border filing and entry collection. CSMS messages translate Commerce's Federal Register determinations into operational CBP instructions that ACE/ACS systems and brokers execute. The Federal Register notice is the underlying legal authority; the CSMS is the operational implementation. Both should be read together when reconciling a rate or scope change.

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