U.S. proposed rule regarding solar cells exported from Cambodia, Malaysia, Thailand, Vietnam

Proposed rule to postpone and waive the application of certain regulations to solar cells and modules exported from certain Southeast Asian countries

Exported from Cambodia, Malaysia, Thailand, Vietnam

The International Trade Administration of the U.S. Department of Commerce this afternoon released for publication the Federal Register a proposed rule to postpone and waive the application of certain regulations, if otherwise applicable, to solar cells and modules exported from the certain Southeast Asian countries (Cambodia, Malaysia, Thailand, and Vietnam) that are subject to certain circumvention inquiries currently before Commerce.

Today’s proposed rule [PDF 311 KB] would provide that, in the event of an affirmative preliminary or final determination in the circumvention inquiries, Commerce would not instruct U.S. Customs and Border Protection (CBP) to suspend liquidation of entries of these cells and modules, collect cash deposits on those entries, or apply antidumping or countervailing duties to those entries, so long as the entries of the cells or modules were entered, or withdrawn from warehouse, for consumption before June 6, 2024, or before the date the emergency has terminated, whichever occurs first.

Background

The president on June 6, 2022, signed Presidential Proclamation 10414 that declares an emergency to exist and states that immediate action is needed to ensure access to a sufficient supply of solar cells and modules to assist in meeting the United States’ electricity generation needs. Read TradeNewsFlash

Accordingly, the proclamation authorizes the Secretary of Commerce to exercise authority under section 318(a) of the Tariff Act of 1930, as amended, to extend during the course of such emergency the time to perform any act. The proclamation also authorizes the Secretary of Commerce to allow the importation of certain solar cells and modules from certain Southeast Asian countries (Cambodia, Malaysia, Thailand, and Vietnam) free of the collection of duties and estimated duties under the antidumping and countervailing duty laws until 24 months after the date of the proclamation, or until the emergency is declared terminated, whichever occurs first. 
 

For more information, contact a professional with KPMG’s Trade & Customs services:

Doug Zuvich
Partner and Global Practice Leader
E: dzuvich@kpmg.com

John L. McLoughlin
Principal and East Coast Leader
E: jlmcloughlin@kpmg.com

Andy Siciliano
Partner and National Practice Leader
E: asiciliano@kpmg.com

Steve Brotherton
Principal and Global Export and Sanctions Leader
E: sbrotherton@kpmg.com

Luis (Lou) Abad
Principal, Washington National Tax
E: labad@kpmg.com

Irina Vaysfeld
Principal
E: ivaysfeld@kpmg.com

Amie Ahanchian
Principal
E: aahanchian@kpmg.com

Christopher Young
Principal
E: christopheryoung@kpmg.com

Gisele Belotto
Principal
E: gbelotto@kpmg.com

George Zaharatos
Principal
E: gzaharatos@kpmg.com

Andy Doornaert
Managing Director
E: adoornaert@kpmg.com

Jessica Libby
Principal
E: jlibby@kpmg.com

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