President Biden has issued a proclamation that, effective June 26, revokes an exclusion for bifacial solar panels from the Section 201 safeguard on imports of crystalline silicon photovoltaic cells, whether or not partially or fully assembled into other products. This safeguard consists of (1) a tariff-rate quota on CSPV cells, 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 CSPV modules.

However, bifacial panels will be exempt from the safeguard tariff if they meet the following conditions: (1) they are fulfilling a contract in effect prior to May 17 that provides for delivery by Sept. 24, (2) they enter the U.S. by Sept. 24, (3) they are declared and entered under HTSUS 9903.45.29 (even though they are typically classified under HTSUS 8541.43.0010) and meet the conditions thereof, and (4) the importer completes the required certification and provides it as part of its electronic entry summary. U.S. Customs and Border Protection states that it may require the provision of additional information, such as a copy of a pre-existing contract, to ensure compliance.

CBP states that while this change takes effect June 26, a new record for the importer certification will not be available in ACE until July 2. This message from CBP provides details on actions importers should take during this gap period.

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