2 March 2018
Requests for Exclusions from Solar Panel Safeguard Due by 16 March
The Office of the U.S. Trade Representative is accepting through 16 March requests to exclude particular products from the safeguard measure President Trump imposed on 23 January on imports of crystalline silicone photovoltaic cells and modules. Comments in response to any exclusion requests are due by 16 April.
CSPV cells and modules will face a safeguard tariff of 30 percent in the first year (7 February 2018 through 6 February 2019), 25 percent in the second year (7 February 2019 through 6 February 2020), 20 percent in the third year (7 February 2020 through 6 February 2021) and 15 percent in the fourth year (7 February 2021 through 6 February 2022). In the case of CSPV modules, the tariff will be imposed on the declared value of such modules, including the cost or value of the non-cell portions thereof (such as aluminium frames). Imports of CSPV cells up to 2.5 gigawatts per year will be exempt from the safeguard measure, however. Moreover, importers of subject cells will be required to report to U.S. Customs and Border Protection the electricity power output attributable to such cells.
The following goods are already excluded from the scope of the safeguard measure.
- 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 mm 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 cell (where more than one CSPV cell is permanently integrated into a consumer good, the surface area for purposes of this exclusion is the total combined surface area of all cells that are integrated into the consumer good)
- CSPV cells, whether or not partially or fully assembled into other products, if such cells were manufactured in the United States
- 10 to 60 watt rectangular solar panels where the panels have (i) length of 250 rom or more but not over 482 rom or width of 400 rom or more but not over 635 rom, and (ii) surface area of 1,000 cm or more but not over 3,061 cm, provided the panel does not 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 rom or more but not over 64 rom by 126 rom or more but not over 140 rom
- 2 watt solar panels incorporated into daylight dimmers that may use rechargeable batteries, 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, with the following characteristics: (i) a total power output of 100 watts or less per panel, (ii) a maximum surface area of 8,000 cm per panel, (iii) do not include a built-in inverter, and (iv) where the panels have glass covers such panels must be in individual retail packaging
- 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 a surface area of338 cm 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 contains an internal battery or external computer peripheral ports
- 27.1 watt or less solar panels, each with surface area less than 3,000 cm and coated across the entire surface with a polyurethane doming resin, the fore-going joined to a battery charging and maintaining unit, such unit which is an acrylonitrile butadiene styrene box that incorporates a light emitting diode by coated wires that include a connector to permit the incorporation of an extension cable.
USTR has now issued a notice that establishes procedures for requesting the exclusion of additional products from this safeguard, lists the criteria for describing such products, and identifies the factors USTR may take into consideration when determining whether to exclude a particular product. USTR will evaluate each request on a case-by-case basis and will grant only those exclusions that do not undermine the objectives of the safeguard.