ANNOUNCEMENT 17 May 2017

In May 2017, the United States International Trade Commission initiated a safeguard investigation on imports of crystalline silicon photovoltaic cells. In February 2018, a safeguard measure was imposed. In August 2021, a review was initiated and the definitive duty was extended for a new period in February 2022. 

NUMBER OF INTERVENTIONS

1

  • 1 harmful
  • 0 neutral
  • 0 liberalising

SOURCE

United States Federal Register Vol. 83, No. 17, 25 January 2021, 3541-3551 (83 FR 3541): https://www.govinfo.gov/content/pkg/FR-2018-01-25/pdf/2018-01592.pdf

WTO document G/SG/N/6/USA/11/Suppl.2, 10 August 2021:
https://docs.wto.org/dol2fe/Pages/SS/directdoc.aspx?filename=q:/G/SG/N6USA11S2.pdf&Open=True

World Trade Organization, Committe on Safeguard, Notification under article 12.1(c) of the Agreement on safeguards upon making a decision to extend a safeguard measure, United States, G/SG/N/10/USA/7/Suppl.13, 8 February 2022: https://docs.wto.org/dol2fe/Pages/SS/directdoc.aspx?filename=q:/G/SG/N10USA7S13.pdf&Open=True

Inception date: 07 Feb 2018 | Removal date: open ended

Safeguard

On 17 May 2017, the United States International Trade Commission initiated a safeguard investigation on imports of certain crystalline silicon photovoltaic (CSPV) cells, whether or not partially or fully assembled into other products (including, but not limited to, modules, laminates, panels, and building-integrated materials) (‘‘CSPV products’’). The products subject to investigation are classified under HS code subheading 8541.40.60, 8501.31.80, 8501.61.00, 8507.20.80, 8501.61.00, 8507.20.80, 8501.31.80. This investigation follows the application lodged by Suniva Inc.

On 7 February 2018, the United States authorities imposed a safeguard measure on imports of the subject good. The measure was imposed in the form of (a) a tariff-rate quota on imports of solar cells not partially or fully assembled into other products and (b) an increase in duties on imports of modules. The tariff quota on imports of CSPV modules and CSPV cells in excess of 2.5 gigawatts (“GW”) annually consists of additional tariffs of 30% in the first year, 25% in the second year, 20% in the third year, and 15% in the fourth year. The US Presidential proclamation imposing the safeguard measure was published on 25 January 2018.

On 10 August 2021, the United States International Trade Commission announced the initiation of a review of the definitive duty imposed on imports of the subject good. This follows the application lodged on 2 and 4 August by Auxin Solar Inc., Suniva Inc., Hanwha Q CELLS USA, Inc, LG Electronics USA, Inc., and Mission Solar Energy. 

On 7 February 2022, the United States authorities extended the definitive safeguard duty on imports of the subject good, as follows: 

-       Extend the action for an additional four years, or until 7 February 2026, maintaining the TRQ on imports of CSPV cells with an increased in-quota volume level of 5.0 gigawatts, and continuing to phase down the action by decreasing the ad valorem tariff on out of-quota imports by 0.25 percentage points ad valorem from the rate in effect at the end of the fourth year of the measure on 6 February, 2022, continuing to decrease the ad valorem out-of-quota tariff by 0.25 percentage points in each succeeding year until the termination of the measure on 6 February 2026, and no additional tariff within the in-quota quantity of the tariff rate quota (TRQ).

-       With respect to CSPV modules, continue to phase down the action by decreasing the ad valorem tariff rate by 0.25 percentage points from the rate in effect at the end of the fourth year of the measure on 6 February 2022, and continuing to decrease the ad valorem rate by 0.25 percentage points in each succeeding year of the measure.

AFFECTED SECTORS