Background

The International Trade Commission has launched an investigation into whether to extend the Section 201 safeguard on crystalline silicon photovoltaic cells and other CSPV products containing these cells, which is currently scheduled to expire Feb. 6, 2022.

Issued in February 2018, this safeguard is applicable to imports from all countries, except certain developing countries that are members of the World Trade Organization as long as imports from these countries individually or collectively do not exceed specified volume thresholds. It 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 that declines each year (and is currently 18 percent), and (2) a higher duty rate on CSPV modules.

The ITC’s investigation will determine whether the safeguard continues to be necessary to prevent or remedy serious injury and whether there is evidence that the domestic industry is making a positive adjustment to import competition. The ITC will hold a hearing on these issues Nov. 3 and requests to appear at the hearing are due by Oct. 28. The ITC will also accept pre-hearing briefs through Oct. 27 and post-hearing briefs through Nov. 10.

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