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U.S. determination of bifacial solar panels exclusion, investigation of solar panels

U.S. determination of bifacial solar panels exclusion

The Office of the U.S. Trade Representative (USTR) today released for publication in the Federal Register a notice concerning withdrawal of an exclusion of bifacial solar panels from certain safeguard measures under a Section 201 investigation.


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As explained in the notice [PDF 268 KB]:

  • The U.S. president on January 23, 2018, imposed a safeguard measure on imports of certain solar products pursuant to a Section 201 investigation (that is, Section 201 of the Trade Act of 1974).
  • On February 14, 2018, the USTR established procedures for interested persons to request product-specific exclusions from application of the safeguard measure.
  • On June 13, 2019, the USTR published a notice granting certain requests for exclusions and excluding the products at issue from the safeguard measure’s application. In particular, the USTR excluded bifacial solar panels consisting only of bifacial solar cells.
  • Since publication of the June 2019 notice, the USTR has evaluated this exclusion further and, after consultation with the Commerce and Energy departments, has determined that the exclusion will undermine the objectives of the safeguard measure.

Today’s notice reports that the USTR has modified the Harmonized Tariff Schedule of the United States (HTSUS) to withdraw the exclusion of bifacial solar panels from application of the safeguard measure and has modified the HTSUS to make certain technical changes in connection with the safeguard measure.

For more information on this topic or to learn more about KPMG’s Trade & Customs Services, contact:

Doug Zuvich
Partner and Global Practice Leader
T: 312-665-1022

John L. McLoughlin
Principal and East Coast Leader
T: 267-256-2614

Andy Siciliano
Partner and National Practice Leader
T: 631-425-6057

Steve Brotherton
Principal and Global Export and Sanctions Leader
T: 415-963-7861

Luis (Lou) Abad
Principal, Washington National Tax
T: 212-954-3094

Irina Vaysfeld
T: 212-872-2973

Amie Ahanchian
Managing Director
T: 202-533-3247

Robert Waldrop
T: 212-954-8117

Gisele Belotto
Managing Director
T: 305-913-2779

Christopher Young
T: 312-665-3229

Andy Doornaert
Managing Director
T: 313-230-3080

George Zaharatos
T: 404-222-3292

Jessica Libby
Managing Director
T: 612-305-5533


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