TO FURTHER FACILITATE POSITIVE ADJUSTMENT TO COMPETITION FROM
IMPORTS OF CERTAIN CRYSTALLINE SILICON PHOTOVOLTAIC CELLS
(WHETHER OR NOT PARTIALLY OR FULLY ASSEMBLED INTO OTHER
PRODUCTS)
10779
- - - - - - BY THE PRESIDENT OF THE UNITED STATES OF AMERICA
A PROCLAMATION
1. On January 23, 2018, pursuant to section 203 of the
Trade Act of 1974, as amended (the "Trade Act") (19 U.S.C.
2253), the President issued Proclamation 9693, imposing a
safeguard measure for a period of 4 years that included both a
tariff-rate quota (TRQ) on imports of certain crystalline
silicon photovoltaic (CSPV) cells, not partially or fully
assembled into other products, provided for in subheading
8541.40.60 (currently 8541.42.00) of the Harmonized Tariff
Schedule of the United States (HTS), and an increase in duties
(safeguard tariff) on imports of CSPV cells exceeding the TRQ
and all imports of other CSPV products, including modules
provided for in subheading 8541.40.60 (currently 8541.43.00) of
the HTS. Proclamation 9693 exempted imports from certain
designated beneficiary countries under the Generalized System of
Preferences from the application of the safeguard measure.
2. Clause (4) and Annex I of Proclamation 9693 directed the
United States Trade Representative (USTR) to establish
procedures for interested persons to request the exclusion of
particular products from the safeguard measure. Pursuant to the
procedures that the USTR enacted, effective June 13, 2019, the
USTR excluded 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 both sides of the cells (bifacial modules).

2
Exclusion of Particular Products From the Solar Products
Safeguard Measure, 84 FR 27684 (June 13, 2019).
3. After taking into account the United States
International Trade Commission's (USITC) report on the results
of its monitoring of developments with respect to the domestic
solar industry (USITC, Crystalline Silicon Photovoltaic Cells,
Whether or Not Partially or Fully Assembled Into Other Products:
Monitoring Developments in the Domestic Industry, No. TA-201-075
(Monitoring)) and the USITC's report regarding the probable
economic effect on the domestic CSPV cell and module
manufacturing industry of modifying the safeguard measure
(USITC, Crystalline Silicon Photovoltaic Cells, Whether or Not
Partially or Fully Assembled Into Other Products: Advice on the
Probable Economic Effect of Certain Modifications to the
Safeguard Measure, No. TA-201-075 (Modification)), and after
receiving a petition from a majority of the representatives of
the domestic industry with respect to each of the following
modifications, on October 10, 2020, the President issued
Proclamation 10101 under section 204(b)(1)(B) of the Trade Act
(19 U.S.C. 2254(b)(1)(B)). In Proclamation 10101, the President
determined that the domestic industry had begun to make a
positive adjustment to import competition, as shown by the
increases in domestic module production capacity, production,
and market share. Proclamation 10101 also:
(a) revoked the exclusion of bifacial modules from
application of the safeguard measure on the basis that it had
impaired and was likely to continue to impair the effectiveness
of the safeguard action; and
(b) adjusted the safeguard tariff for the fourth year of
the safeguard measure from 15 percent to 18 percent on the basis
that the exclusion of bifacial modules from application of the

3
safeguard tariff had impaired the remedial effectiveness of the
4-year action proclaimed in Proclamation 9693, and to achieve
the full remedial effect envisaged in that action.
4. On November 16, 2021, the United States Court of
International Trade (CIT) held in Solar Energy Industries
Association et al. v. United States that the President acted
outside of his statutory authority in issuing Proclamation
10101, and enjoined the Government from enforcing that
proclamation. However, in November 2023, a panel of the United
States Court of Appeals for the Federal Circuit reversed the
CIT's decision.
5. After receiving the USITC's December 8, 2021,
determination and report pursuant to section 204(c) of the Trade
Act (19 U.S.C. 2254(c)), which found that the safeguard action
continues to be necessary to prevent or remedy the serious
injury to the domestic industry and that there was evidence that
the domestic industry was making a positive adjustment to import
competition (USITC, Crystalline Silicon Photovoltaic Cells,
Whether or Not Partially or Fully Assembled Into Other Products,
Investigation No. TA-201-75 (Extension)), and after taking into
account the information provided in the USITC's report and the
information received from the public through the process
published in the Federal Register on September 30, 2021 (86 FR
54279), pursuant to section 203(e)(1)(B) of the Trade Act (19
U.S.C. 2253(e)(1)(B)), I issued Proclamation 10339 on February
4, 2022. In Proclamation 10339, I determined that the safeguard
action on imports of CSPV cells, whether or not partially or
fully assembled into other products, continued to be necessary
to prevent or remedy the serious injury to the domestic
industry, and that there was evidence that the domestic industry
was making a positive adjustment to import competition. I

4
further determined to extend the safeguard measure proclaimed in
Proclamation 9693, as modified by Proclamation 10101, in
relevant part, as follows:
(a) continuation of the increase in duties on imports of
modules described in paragraph 1 of Proclamation 10339 for an
additional period of 4 years, with annual reductions in the
fifth, sixth, seventh, and eighth years, as described in Annex I
to Proclamation 10339; and
(b) exclusion of bifacial panels from the extension of
duties proclaimed in paragraph 9 of Proclamation 10339.
6. If an extension of an action taken under section 203 of
the Trade Act (19 U.S.C. 2253) exceeds 3 years, section
204(a)(2) of the Trade Act (19 U.S.C. 2254(a)(2)) requires the
USITC to issue a report to the President and the Congress on its
monitoring of developments with respect to the domestic
industry, including the progress and specific efforts made by
workers and firms in the domestic industry to make a positive
adjustment to import competition, no later than the midpoint of
the period of the extension.
7. On February 6, 2024, the USITC issued its second midterm
report pursuant to section 204(a)(2) of the Trade Act (19 U.S.C.
2254(a)(2)) on its monitoring of developments within the
industry producing CSPV products since the President's
imposition of the safeguard measure (USITC, Crystalline Silicon
Photovoltaic Cells, Whether or Not Partially or Fully Assembled
Into Other Products: Monitoring Developments in the Domestic
Industry, No. TA-201-075 (Second Monitoring)). In its report,
the USITC found that the safeguard measure has resulted in
positive adjustments from the domestic industry in light of
increased actual and planned module production; various
announcements of planned domestic cell production; and

5
improvements in several of the domestic industry's financial,
trade, and employment indicators. The USITC's report also noted
a shift in imports from non-bifacial CSPV cells and panels
toward primarily bifacial CSPV cells and modules from 2020-2022
and, when comparing the first half of 2023 with the first half
of 2022, with bifacial cells and panels increasingly used in
traditionally non-bifacial applications.
8. On February 23, 2024, a majority of the representatives
of the domestic industry submitted a petition under section
204(b) of the Trade Act (19 U.S.C. 2254(b)(1)(B)) to modify the
safeguard measure by revoking the exclusion of bifacial products
from safeguard relief proclaimed in Proclamation 10339, thus
subjecting bifacial modules to the remedy under section 201 of
the Trade Act (19 U.S.C. 2251). The petition explains how the
domestic industry has continued to make a positive adjustment to
import competition. It also explains how the exclusion of
bifacial panels has led to large import volumes of bifacial
modules competing in all sectors of the United States market,
thus negatively impacting the domestic industry's efforts to
increase substantially its market share notwithstanding the
increase in apparent United States consumption.
9. Section 204(b)(1)(B) of the Trade Act (19 U.S.C.
2254(b)(1)(B)) authorizes the President, upon submission of a
petition from a majority of the representatives of the domestic
industry, to reduce, modify, or terminate an action taken under
section 203 of the Trade Act when the President determines that
the domestic industry has made a positive adjustment to import
competition.
10. After taking into account the information provided in
the USITC's second midterm report, and after receiving a
petition from a majority of the representatives of the domestic

6
industry with respect to the aforementioned modification, I have
determined that the domestic industry has been making and is
continuing to make a positive adjustment to import competition,
shown by increased actual and planned module production; various
announcements of planned domestic cell production; and
improvements in several of the domestic industry's financial,
trade, and employment indicators. Furthermore, I have determined
that imports of bifacial panels have surged in recent years,
such that the exclusion of bifacial panels proclaimed in
Proclamation 10339 has impaired the effectiveness of the action
taken in Proclamation 9693, as extended by Proclamation 10339,
and that to achieve the full remedial effect envisaged for that
action, it is necessary to modify the section 201 action by
revoking the exclusion of bifacial panels and applying the
safeguard tariff to bifacial panels.
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the
United States of America, by the authority vested in me by the
Constitution and the laws of the United States, including
sections 203, 204, and 604 of the Trade Act, do proclaim that:
(1) In order to modify the action applicable to imports of
CSPV cells under HTS subheading 8541.42.0010 and other CSPV
products, such as modules under HTS subheading 8541.43.0010,
subchapter III of chapter 99 of the HTS is modified as set forth
in Annex I to this proclamation.
(2) The modifications to the HTS made by this proclamation,
including Annex I hereto, shall be effective with respect to
goods entered for consumption, or withdrawn from warehouse for
consumption, on or after 12:01 a.m. eastern daylight time 5 days
after the date of this proclamation, and shall continue in
effect as provided in Annex I to this proclamation, unless such
actions are earlier expressly reduced, modified, or terminated.

7
(3) Bifacial panels that are subject to the modifications
described in clause (1) of this proclamation shall be exempt
from the safeguard tariff, provided that:
(i) the imported bifacial panels are fulfilling in
whole or in part a contract for sale, purchase, or
delivery in the United States that was in effect and
dated as executed prior to May 17, 2024, that provides
for importation to or delivery within the United
States within 90 days after the effective date of this
proclamation, and that has not been modified on or
later than May 17, 2024, with regard to importation or
delivery date;
(ii) the bifacial panels are entered into the United
States within 90 days after the effective date of this
proclamation;
(iii) the bifacial panels are declared and entered
under heading 9903.45.29 of the HTS, and meet the
conditions thereof; and
(iv) the importer completes the certification in Annex
II to this proclamation and provides the completed
certification as part of the importer's electronic
entry summary to U.S. Customs and Border Protection
(CBP) by uploading it to the Document Imaging System
in the Automated Commercial Environment at the time
that classification is declared under heading
9903.45.29 of the HTS.
(4) Where bifacial panels that are subject to the
modifications described in clause (1) of this proclamation are
entered for consumption, or withdrawn from warehouse for
consumption, on or after the effective date of this proclamation
and do not satisfy the requirements specified in clause (3) of

8
this proclamation, such bifacial panels shall be subject to the
safeguard tariff.
(5) CBP shall take such actions as are necessary to ensure
compliance with the requirements in clauses (3) and (4) of this
proclamation. Such actions may include requiring the provision
of any additional information deemed necessary by CBP, including
a copy of the pre-existing contract described in subsection (i)
of clause (3) of this proclamation, in order to verify such
compliance.
(6) One year from the termination of the safeguard measure
referenced in this proclamation, as modified by this
proclamation, the U.S. note and tariff provisions established in
Annex I to this proclamation shall be deleted from the HTS.
(7) Any provision of previous proclamations and Executive
Orders that is inconsistent with the actions taken in this
proclamation is superseded to the extent of such inconsistency.
IN WITNESS WHEREOF, I have hereunto set my hand this
twenty-first day of June, in the year of our Lord two thousand
twenty-four, and of the Independence of the United States of
America the two hundred and forty-eighth.

9
ANNEX I
TO MODIFY CHAPTER 99 OF THE HARMONIZED TARIFF SCHEDULE OF THE
UNITED STATES
Effective with respect to goods entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01 a.m.
eastern standard time on June 26, 2024, subchapter III of chapter 99 of the Harmonized Tariff Schedule of the United States is
modified as set forth herein:
1.

U.S. note 18 to such subchapter III is modified by deleting the following from subdivision (c)(iii) “(17) 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.”

2.

The article description of heading 9903.45.25 is modified by adding “or heading 9903.45.29” after the phrase “except
as provided in heading 9903.45.27”.

3.

The following new heading is inserted in numerical sequence in such subchapter, with the material inserted in the
columns titled “Heading/Subheading”, “Article Description”, “Rates of Duty 1-General”, and “Rates of Duty 1Special”, respectively:

“9903.45.29

: Bifacial solar panels, as defined in and
:
: meeting the conditions of U.S. note 18(j) to this :
: subchapter, 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…………………………… : No change

:
:
:
:
:
:
: No change”

:
:
:
:
:
:
: No change”

:
:
:
:
:
:
:

4.

U.S. note 18 is modified by deleting from subdivisions (a) and (b) thereof the number “9903.45.27” and by inserting in
lieu thereof “9903.45.29”.

5.

U.S. note 18 is further modified by adding at the end thereof the following subdivision:

“(j)
For purposes of heading 9903.45.29, “bifacial solar panels” applies only to 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, provided that (i) the imported bifacial panels are fulfilling in whole or in part a contract for sale,
purchase, or delivery in the United States that was in effect and dated as executed prior to May 17, 2024, that provides for
importation to or delivery within the United States within 90 days after June 26, 2024, and that has not been modified on or later
than May 17, 2024, with regard to importation or delivery date; (ii) the bifacial panels are entered into the United States within 90
days after June 26, 2024; (iii) the bifacial panels are declared and entered under heading 9903.45.29, and meet all conditions
therefor; and (iv) the importer completes the certification required by U.S. Customs and Border Protection and provides the
completed certification as part of the importer’s electronic entry summary to CBP by upload to the Document Imaging System in
the Automated Commercial Environment at the time that classification is declared under heading 9903.45.29.

10
ANNEX II
IMPORTER CERTIFICATION

I hereby certify that:
(A) My name is [IMPORTER OF RECORD OFFICIAL’S NAME] and I am an official of
[NAME OF IMPORTER OF RECORD], located at [ADDRESS OF IMPORTER OF
RECORD].
(B) I hereby certify that the bifacial panels that were entered into the Customs territory of the
United States under the entry summary number(s) identified below are fulfilling in whole or in
part a contract for sale, purchase, or delivery in the United States of such panels that was in
effect and dated as executed prior to May 17, 2024, that specifies that the bifacial panels are to
be imported to or delivered within the United States within 90 days after the effective date of the
Proclamation of June 21, 2024 , and that has not been modified on or later than May 17, 2024,
with regard to delivery date.
(C) This certification applies to the following entries (repeat this block as many times as
necessary):
Entry Number:
Applicable Line Item Number of the Entry (Declared Under 9903.45.29, HTSUS):
(D) I understand that [NAME OF IMPORTER OF RECORD] is required to provide U.S.
Customs and Border Protection (CBP) with this certification at the time the entry summary is
filed and that any additional supporting documentation must be provided upon request by CBP.
Signature
[NAME OF COMPANY OFFICIAL]
[TITLE OF COMPANY OFFICIAL]
Date

[FR Doc. 2024-14143 Filed: 6/25/2024 8:45 am; Publication Date: 6/26/2024]