On January 23, 2018, the President issued Presidential Proclamation 9693 under Section 201 of the Trade Act of 1974 providing for a tariff rate quota (TRQ) for Crystalline Silicon Photovoltaic (CSPV) cells; and an additional duty for modules comprised of CSPV cells, effective February 7, 2018. See 83 Federal Register 3541, January 25, 2018.
COMMODITY:
CSPV Cells and Modules as specified in Presidential Proclamation 9693
QUOTA PERIOD for CSPV Cells:
February 7, 2018 through February 6, 2019, and subsequent annual periods listed below
RESTRAINT LEVEL:
For CSPV cells, an annual aggregate quantity of 2.5 gigawatts
REPORTING INSTRUCTIONS:
CSPV cells (quota)
For in quota merchandise, use entry type code 02, 06, 07, 12, 23, 32, 38, or 52.
For over quota merchandise, use non-quota entry type, e.g., entry type 01.
The merchandise covered by the quota may also be subject to antidumping and countervailing duties.
In addition to reporting the Chapter 85 Harmonized Tariff Schedule classification for the imported merchandise, importers shall report the following HTS classifications for imported merchandise subject to the quota:
9903.45.21 In Quota for cells (low rate)
9903.45.22 Over Quota for cells (high Rate)
CSPV modules (additional duty)
Use non-quota entry types.
The merchandise covered by the additional duty may also be subject to antidumping and countervailing duties.
In addition to reporting the Chapter 85 Harmonized Tariff Schedule classification for the imported merchandise, importers shall report the following HTS classification for imported merchandise subject to the additional duty:
9903.45.25 (additional duty for modules)
Countries covered
For both CSPV cells and modules, products of all countries are covered except for the following:
Afghanistan, Albania, Algeria, Angola, Armenia, Azerbaijan, Belize, Benin, Bhutan, Bolivia, Bosnia and Herzegovina, Botswana, Brazil, Burkina Faso, Burma, Burundi, Cambodia, Cameroon, Cape Verde, Central African Republic, Chad, Comoros, Congo (Brazzaville) Congo (Kinshasa), Côte d'Ivoire, Djibouti, Dominica, Ecuador, Egypt, Eritrea, Ethiopia, Fiji, Gabon, The Gambia, Georgia, Ghana, Grenada, Guinea, Guinea-Bissau, Guyana, Haiti, India, Indonesia, Iraq, Jamaica, Jordan, Kazakhstan, Kenya, Kiribati, Kosovo, Kyrgyzstan, Lebanon, Lesotho, Liberia, Macedonia, Madagascar, Malawi, Maldives, Mali, Mauritania, Mauritius, Moldova, Mongolia, Montenegro, Mozambique, Namibia, Nepal, Niger, Nigeria, Pakistan, Papua New Guinea, Paraguay, Rwanda, Saint Lucia, St. Vincent and the Grenadines, Samoa, Sao Tomé and Principe, Senegal, Serbia, Sierra Leone, Solomon Island, Somalia, South Africa, South Sudan, Sri Lanka, Suriname, Swaziland, Tanzania, Timor-Leste, Togo, Tonga, Tunisia, Turkey, Tuvalu, Uganda, Ukraine, Uzbekistan, Vanuatu, Yemen (Republic of), Zambia, Zimbabwe.
Merchandise presented shall be reported and released by the Automated Commercial Environment (ACE) until a “hold” status is indicated or quota restraint limit is reached.
SPECIAL INSTRUCTIONS:
CSPV cells (quota)
Duty Rate for In Quota for cells (low rate)
No change
Duty Rates for Over Quota for cells (High Rate)
In addition to those applicable under subheading 8541.40.60:
If entered during the period from February 7, 2018 through February 6, 2019 ........................................ 30%
If entered during the period from February 7, 2019 through February 6, 2020 ........................................ 25%
If entered during the period from February 7, 2020 through February 6, 2021 ........................................ 20%
If entered during the period from February 7, 2021 through February 7, 2022 ........................................ 15%
CSPV modules (additional duty)
Additional Duty Rates for CSPV Modules
In addition to those applicable under subheading 8541.40.60:
If entered during the period from February 7, 2018 through February 6, 2019 ........................................ 30%
If entered during the period from February 7, 2019 through February 6, 2020 ........................................ 25%
If entered during the period from February 7, 2020 through February 6, 2021 ........................................ 20%
If entered during the period from February 7, 2021 through February 7, 2022 ....................................... 15%
Such duty shall be imposed on the declared value of such modules, including the cost or value of the non-cell portions thereof (such as aluminum frames), as Customs in its regulations or instructions may require.
NOTIFICATION:
Quota Bulletins (QB) are posted on CBP.gov and updated as determined by future announcements. The trade may track the status of tariff rate quotas provided in the weekly Commodity Status Report at https://www.cbp.gov/trade/quota/tariff-rate-quotas.
Questions from the importing community regarding this electronic message should be referred to the appropriate CBP port/center. The port/center may refer questions through email to HQQUOTA@cbp.dhs.gov.