GUIDANCE: Section 201 Removal of Bifacial Exclusion

CSMS # 61152419 - GUIDANCE: Section 201 Removal of Bifacial Exclusion U.S. Customs and Border Protection sent this bulletin at 06/26/2024 03:08 PM EDT   Cargo Systems Messaging Service CSMS # 61152419 - GUIDANCE: Section 201 Removal of Bifacial Exclusion The purpose of this message is to provide guidance to modify the Section 201 action by revoking the exclusion of bifacial panels and applying the safeguard tariff to bifacial panels. BACKGROUND On June 21, 2024, the President issued Proclamation 10779; A Proclamation 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) , revoking the exclusion of bifacial panels from safeguard relief proclaimed in Proclamation 10339, thus subjecting bifacial panels to the Section 201 action, see Federal Register (FR) notice 89 FR 53333 .  Imports of bifacial panels that do not meet the requirements outlined per 89 FR 53333 , are subject to the duty rate in effect.  The Automated Commercial Environment (ACE) functionality for the acceptance of the bifacial panels exclusion for a period of 90 days is available June 26, 2024, as of 12:01 AM Eastern Time.  The new 54 record for the Importer’s Additional Declaration Type Code 09 (201 Bifacial Certification Designation) will be available in ACE on July 2, 2024. GUIDANCE Instructions for importers, brokers, and filers on submitting entries to U.S. Customs and Border Protection (CBP) containing Section 201 duty and exclusion per 89 FR 53333, are set out below: Per Annex I, effective with respect to goods entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01 AM Eastern Time 5 days after the date of proclamation: (i) the imported bifacial panels are fulfilling in whole or in part a contract for sale, purchase, or delivery in the United States that was in effect and dated as executed prior to May 17, 2024, that provides for importation to or delivery within the United States within 90 days after the effective date of June 26, 2024, and that has not been modified on or later than May 17, 2024, with regard to importation or delivery date; (ii) the bifacial panels are entered into the United States within 90 days after the effective date of June 26, 2024; (iii) the bifacial panels are declared and entered under heading 9903.45.29 of the Harmonized Tariff Scheduled of the United States (HTSUS), and meet the conditions thereof; and (iv) the importer completes the certification in Annex II to the proclamation and provides the completed certification as part of the importer’s electronic entry summary to CBP by uploading it to the Document Imaging System in ACE at the time that classification is declared under heading 9903.45.29 of the HTSUS. Importers shall submit 9903.45.29 for the Section 201 exclusion when the following requirements above are met when entering HTSUS 8541.43.0010. ADDITIONAL INFORMATION Section 201 bifacial exclusion filed under HTSUS 9903.45.29 will apply between June 26, 2024, and extend through September 23, 2024, see quota bulletin QB 24-507 2024 Solar Cells and Modules Amended June 26, 2024 . The new 54 record for the Importer’s Additional Declaration Type Code 09 (201 Bifacial Certification Designation) will be deployed in ACE on July 2, 2024.  During the gap period between June 26, 2024, and July 2, 2024, and during the 90-day effective period of the exclusion, importers should correct the entry summary line(s) by adding the certification indicator “201BIFAC CERT” with HTSUS 9903.45.29, see 89 FR 53333 . Importers may submit a post summary correction (PSC) to claim the Section 201 exclusion to obtain refunds of duties paid, if within the PSC filing timeframe. The CATAIR Entry Summary Create/Update has been updated to include a new 54 record “Specified new Importer’s Additional Declaration Type Code 09 (201 Bifacial Certification Designation).” It is conditionally required to designate whether the Entry Summary line is accompanied by an Importer Certification for bifacial panels that were entered into the Customs territory of the United States within June 26, 2024 – September 23, 2024.  Additionally, the CATAIR Error Dictionary has been updated to include two new validations F837, F838 and an update to F836. Reminder: importers, brokers, and/or filers should refer to CSMS 39587858  (Entry Summary Order of Reporting for Multiple HTSUS when 98 or 99 HTSUS are required) for guidance when filing an entry summary in which a heading or subheading in Chapter 99 is claimed on imported merchandise. Questions from the importing community concerning ACE entry rejections involving product exclusions should be referred to their CBP Client Representative. For questions related to Section 201 entry-filing requirements, please refer to CSMS 40969690 Information on Trade Remedy Questions and Resources. Please refer to the Quota Bulletin on Solar Cells/Modules Amended June 26, 2024, ( https://www.cbp.gov/trade/quota/bulletins ) which addresses tariff rates and quantity thresholds. For questions about quota processing please contact  HQQuota@cbp.dhs.gov . 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 .   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. 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