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Additional Solar Cell Products Excluded from Import Safeguard

Thursday, June 13, 2019
Sandler, Travis & Rosenberg Trade Report

Three more products are being excluded from the Section 201 safeguard on crystalline silicon photovoltaic cells and other CSPV products containing these cells. The Office of the U.S. Trade Representative states that none of the other requests for exclusion from this safeguard that were previously submitted will be further considered. However, another round of exclusion requests could be initiated in the future depending on developments in the U.S. market for CSPV products.

The safeguard on CSPV cells consists of (1) a tariff-rate quota on CSPV cells not partially or fully assembled into other products, with an unchanged duty rate for the in-quota quantity and a higher duty rate for over-quota articles, and (2) a higher duty rate on other CSPV products.

USTR received 48 requests to exclude specific products from this safeguard as well as 213 comments responding to those requests. USTR granted a number of exclusions in September 2018 and has now determined to exclude the following additional products as well, effective with respect to goods entered or withdrawn from a warehouse for consumption on or after 12:01 am EDT on June 13.

- 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

- flexible fiberglass solar panels without glass components other than fiberglass, such panels having power outputs ranging from 250 to 900 watts

- solar panels consisting of solar cells arranged in rows that are laminated in the panel and that are separated by more than 10 mm, with an optical film spanning the gaps between all rows that is designed to direct sunlight onto the solar cells, and not including panels that lack said optical film or only have a white or other backing layer that absorbs or scatters sunlight.

For more information, please contact trade attorney Kristen Smith at (202) 730-4965.

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