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SECTION 201 SAFEGUARDS IMPLEMENTED ON CERTAIN CRYSTALLINE SILICON PHOTOVOLTAIC CELLS (WHETHER OR NOT PARTIALLY OR FULLY ASSEMBLED INTO OTHER PRODUCTS)

I. Effective Period: February 7, 2018 – February 6, 2022.

II. In-Scope Products:

(a) solar cells, whether or not assembled into modules or made up into panels provided for in subheading 8541.40.60;

(b) parts or subassemblies of solar cells provided for in subheadings 8501.31.80, 8501.61.00, and 8507.20.80;

(c) inverters or batteries with CSPV cells attached provided for in subheadings 8501.61.00 and 8507.20.80; and

(d) DC generators with CSPV cells attached provided for in subheading 8501.31.80.

The term “crystalline silicon photovoltaic cells” (“CSPV cells”) is defined in paragraph 18(c) of Annex 1.  Please contact our office for a copy of the Annex.

The term “modules” is defined in paragraph 18(g) of Annex 1 and includes inverters, batteries and DC generators containing CSPV cells.

In-Scope products will be entered under new HTS subheadings (see Section V below).

III. Excluded Products:

  • thin film photovoltaic products produced from amorphous silicon (“a-Si”), cadmium telluride (“CdTe”), or copper indium gallium selenide (“CIGS”);
  • CSPV cells, not exceeding 10,000 mm2 in surface area, that are permanently integrated into a consumer good whose primary function is other than power generation and that consumes the electricity generated by the integrated CSPV cell. Where more than one CSPV cell is permanently integrated into a consumer good, the surface area for purposes of this exclusion shall be the total combined surface area of all CSPV cells that are integrated into the consumer good; and
  • CSPV cells, whether or not partially or fully assembled into other products, if such CSPV cells were manufactured in the United States.
  • 10 to 60 watt, inclusive, rectangular solar panels, where the panels have the following characteristics: (A) length of 250 mm or more but not over 482 mm or width of 400 mm or more but not over 635 mm, and (B) surface area of 1000 cm2 or more but not over 3,061 cm2), provided that no such panel with those characteristics shall contain an internal battery or external computer peripheral ports at the time of entry;
  • 1 watt solar panels incorporated into nightlights that use rechargeable batteries and have the following dimensions: 58 mm or more but not over 64 mm by 126 mm or more but not over 140 mm;
  • 2 watt solar panels incorporated into daylight dimmers, that may use rechargeable batteries, such panels with the following dimensions: 75 mm or more but not over 82 mm by 139 mm or more but not over 143 mm;
  • off-grid and portable CSPV panels, whether in a foldable case or in rigid form containing a glass cover, where the panels have the following characteristics:

(A) a total power output of 100 watts or less per panel;
(B) a maximum surface area of 8,000 cm2 per panel;
(C) do not include a built-in inverter;
(D) where the panels have glass covers, such panels must be in individual retail packaging (for purposes of this provision, retail packaging typically includes graphics, the product name, its description and/or features, and foam for transport);

  • 3.19 watt or less solar panels, each with length of 75 mm or more but not over 266 mm and width of 46 mm or more but not over 127 mm, with surface area of 338 cm2 or less, with one black wire and one red wire (each of type 22 A WG or 24 AWG) not more than 206 mm in length when measured from panel edge, provided that no such panel shall contain an internal battery or external computer peripheral ports;
  • 27.1 watt or less solar panels, each with surface area less than 3,000 cm2 and coated across the entire surface with a polyurethane doming resin, the foregoing joined to a battery charging and maintaining unit, such unit which is an acrylonitrile butadiene styrene (“ABS”) box that incorporates a light emitting diode (“LED”) by coated wires that include a connector to permit the incorporation of an extension cable.

IV. Countries Affected:  Applies to imports from all countries except:

Afghanistan, Albania, Algeria, Angola, Armenia, Azerbaijan, Belize, Benin, Bhutan, Bolivia, Bosnia and Herzegovina, Botswana, Brazil, Burkina Faso, Burma, Burundi, Cambodia, Cameroon, Cape Verde, Central African Republic, Chad, Comoros, Congo (Brazzaville), Congo (Kinshasa), Cote d’Ivoire, Djibouti, Dominica, Ecuador, Egypt, Eritrea, Ethiopia, Fiji, Gabon, The Gambia, Georgia, Ghana, Grenada, Guinea, Guinea-Bissau, Guyana, Haiti, India, Indonesia, Iraq, Jamaica, Jordan, Kazakhstan, Kenya, Kiribati, Kosovo, Kyrgyzstan, Lebanon, Lesotho, Liberia, Macedonia, Madagascar, Malawi, Maldives, Mali, Mauritania, Mauritius, Moldova, Mongolia, Montenegro, Mozambique, Namibia, Nepal, Niger, Nigeria, Pakistan, Papua New Guinea, Paraguay, Rwanda, Saint Lucia, Saint Vincent and the Grenadines, Samoa, Sao Tome and Principe, Senegal, Serbia, Sierra Leone, Solomon Island, Somalia, South Africa, South Sudan, Sri Lanka, Suriname, Swaziland, Tanzania, Timor-Leste, Togo, Tonga, Tunisia, Turkey, Tuvalu, Uganda, Ukraine, Uzbekistan, Vanuatu, Yemen (Republic of), Zambia and Zimbabwe.

V. Safeguard Tariff/Quota:

Chapter 99 Provision Affected HTSUS subheadings Crystalline silicon photovoltaic cells, as defined in note 18(c) to this subchapter (see Annex 1), when the product or originating good of a country other than an excluded country Tariff Rate Change Time Period
9903.45.21 8541.40.60 If entered in an annual aggregate quantity not exceeding 2.5 gigawatts, under the terms of note 18(c) None Annual
9903.45.22 8541.40.60 If entered over the 2.5 gigawatt quota 30% Feb. 7, 2018 – Feb. 6, 2019
25% Feb. 7, 2019 – Feb. 6, 2020
20% Feb. 7, 2020 – Feb. 6, 2021
15% Feb. 7, 2021 – Feb. 6, 2022
9903.45.25 8541.40.60, 8501.61.00, 8507.20.80, 8501.31.80 Modules as defined in note 18(g) to this subchapter (see Annex 1), when the product or originating good of a country other than an excluded country 30% Feb. 7, 2018 – Feb. 6, 2019
25% Feb. 7, 2019 – Feb. 6, 2020
20% Feb. 7, 2020 – Feb. 6, 2021
15% Feb. 7, 2021 – Feb. 6, 2022

VI.  Comments:

  • “Modules” under 9903.45.25 includes products of the subheadings listed above if containing CSPV cells.
  • Safeguard tariff increases are in addition to applicable normal duty rates and any AD/CVD rates in effect;
  • The United States Trade Representative will publish procedures through which parties may request an exclusion for their product from the safeguard duty/quota.  The criteria for exclusion are not currently available nor do we know when the procedures will be released.  We will monitor the situation for clients interested in potential exclusion.
  • We are available to review products to determine whether they would fall within one of the express exclusions, or to address any other questions related to this case.
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