CSMS 52609589·Operational·July 19, 2022·View on csms.cbp.gov ↗

Guidance: Suspension of Section 201 Safeguard Actions on Crystalline Silicon Photovoltaic Cells (CSPV) and Modules Originating in Canada

Plain-English explanation

CSMS 52609589 is a U.S. Customs and Border Protection (CBP) Cargo Systems Messaging Service bulletin (operational), published on July 19, 2022. It carries the official CBP guidance brokers and importers must follow for the topic — "Guidance: Suspension of Section 201 Safeguard Actions on Crystalline Silicon Photovoltaic Cells (CSPV) and Modules Originating in Canada". 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 #52609589 - Guidance: Suspension of Section 201 Safeguard Actions on Crystalline Silicon Photovoltaic Cells (CSPV) and Modules Originating in Canada U.S. Customs and Border Protection sent this bulletin at 07/19/2022 10:10 AM EDT Cargo Systems Messaging Service CSMS #52609589 - Guidance: Suspension of Section 201 Safeguard Actions on Crystalline Silicon Photovoltaic Cells (CSPV) and Modules Originating in Canada The purpose of this message is to provide guidance on the retroactive suspension of Section 201 solar safeguard measures on imports of crystalline silicon photovoltaic cells (CSPV) and modules originating in Canada and entered on or after February 1, 2022. BACKGROUND On July 15, 2022, the United States Trade Representative (USTR) posted on ustr.gov a Federal Register notice modifying the Harmonized Tariff Schedule of the United States (HTSUS) to suspend application of the solar Section 201 safeguard measure to imports of CSPV goods originating in Canada that entered the commerce of the United States on or after February 1, 2022. The functionality of HTSUS subheading 9903.45.27 for the acceptance of the suspension of the solar safeguard measure to imports of CSPV goods originating in Canada will be available in the Automated Commercial Environment (ACE) as of 7:00 a.m. eastern standard time on July 19, 2022. GUIDANCE The suspension of Section 201 safeguard measures that is the subject of this message only applies to CSPV goods that are products of Canada as defined under the United States-Mexico Canada Agreement and that are products of Canada for purposes of 19 C.F.R. Part 102. The suspension of the application of the solar safeguard measure is effective for imports of Canada originating CSPV goods entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01 a.m. eastern daylight time on February 1, 2022. The suspension of the application of the solar safeguard measure is effective for imports of Canada originating goods that were admitted into a U.S. foreign trade zone under “privileged foreign status” as defined in 19 C.F.R. 146.41, prior to 12:01 a.m. eastern daylight time on February 1, 2022, upon the entry for consumption of such FTZ goods on or after February 1, 2022. Note that such goods were required to be imported into FTZs under privileged foreign status. Importers should file entries of CSPV goods originating in Canada subject to the suspension of the solar safeguard measure using HTSUS subheading 9903.45.27 with the regular Chapter 1-97 classification. Importers shall not submit the corresponding Chapter 99 HTSUS numbers for the Section 201 duties or quotas when HTSUS subheading 9903.45.27 is used. ADDITIONAL INFORMATION Per the USTR Federal Register notice, the suspension of the solar safeguard measure applies only to unliquidated entries entered on or after February 1, 2022. Importers seeking to request a retroactive refund of Section 201 duties paid on unliquidated entries of CSPV goods originating in Canada and entered on or after February 1, 2022, may file a Post Summary Correction (PSC) if within the PSC filing timeframe. Per the USTR Federal Register notice, liquidated entries of CSPV goods originating in Canada and entered on or after February 1, 2022, are not eligible for a refund of Section 201 duties. 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 (Entry Summary Order of Reporting for Multiple HTS when 98 or 99 HTS are required). For questions regarding Section 201 trade remedies, please refer to CSMS 42203908 (Information on Trade Remedy Questions and Resources) Related CSMS Messages: 50933308, 50525157, 50263965, 45000915, 44583265, 40969690 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 52609589?

CSMS 52609589 is a U.S. Customs and Border Protection (CBP) Cargo Systems Messaging Service bulletin titled "Guidance: Suspension of Section 201 Safeguard Actions on Crystalline Silicon Photovoltaic Cells (CSPV) and Modules Originating in Canada". 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 52609589 published?

CBP published CSMS 52609589 on July 19, 2022. 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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