On February 4, 2022, the President signed a Proclamation “To Continue Facilitating Positive Adjustment to Competition from Imports of Certain Crystalline Silicon Photovoltaic Cells (Whether or not Partially or Fully Assembled Into Other Products)” 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, 2022. See www.whitehouse.gov February 4, 2022.
COMMODITY:
Crystalline Silicon Photovoltaic (CSPV) Cells and Modules as specified in the Presidential Proclamation signed February 4, 2022.
QUOTA PERIOD for CSPV Cells:
February 7, 2022 through February 6, 2023.
RESTRAINT LEVEL:
For CSPV cells, an annual aggregate quantity of 5.0 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 anti-dumping and countervailing duties.
In addition to reporting the Chapter 85 Harmonized Tariff Schedule (HTS) 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 anti-dumping 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 comprised of CSPV cells)
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, Madagascar, Malawi, Maldives, Mali, Mauritania, Mauritius, Moldova, Mongolia, Montenegro, Mozambique, Namibia, Nepal, Niger, Nigeria, North Macedonia, 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 the quota restraint limit is reached.
SPECIAL INSTRUCTIONS:
CSPV cells (quota)
Duty Rate for In Quota for cells (low rate)
No change from those duties applicable under subheading 8541.42.00 as appropriate.
Duty Rates for Over Quota for cells (High Rate)
In addition to those applicable under subheading 8541.42.00:
If entered during the period from
February 7, 2022 through February 6, 2023 ........................................14.75%
If entered during the period from
February 7, 2023 through February 6, 2024 ........................................14.50%
If entered during the period from
February 7, 2024 through February 6, 2025 ........................................14.25%
If entered during the period from
February 7, 2025 through February 6, 2026 ........................................14.00%
CSPV modules (additional duty)
Additional Duty Rates for CSPV Modules
In addition to duty rates applicable under subheading 8541.43.00:
If entered during the period from
February 7, 2022 through February 6, 2023 ........................................14.75%
If entered during the period from
February 7, 2023 through February 6, 2024 ........................................14.50%
If entered during the period from
February 7, 2024 through February 6, 2025 ........................................14.25%
If entered during the period from
February 7, 2025 through February 6, 2026 ........................................14.00%
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.
The following item has been added to the list of goods not covered by HTS 9903.45.25:
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.
NOTIFICATION:
Quota Bulletins (QB) are posted at www.CBP.gov/trade/quota 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/document/report/commodity-status-report.
For questions related to the quota process, contact the Quota and Agriculture Branch at HQQuota@cbp.dhs.gov. In the event of a technical issue with system operation, please create a ticket with the ACE help desk at ACE.Support@cbp.dhs.gov.