U.S. suspension of safeguard action on imports of certain crystalline silicon photovoltaic cells from Canada

A notice concerning the suspension of safeguard action on imports of certain crystalline silicon photovoltaic cells from Canada

U.S. suspension of safeguard action on imports of CSPV cells from Canada

The Office of the U.S. Trade Representative (USTR) today released for publication in the Federal Register a notice concerning the suspension of the safeguard action on imports of certain crystalline silicon photovoltaic (CSPV) cells (whether or not partially or fully assembled into other products) originating in Canada, and modification of the harmonized tariff schedule of the United States.

Background

President Trump on January 23, 2018, issued Proclamation 9693, which imposed a safeguard measure on imports of CSPV products in the form of a tariff-rate quota on imports of solar cells not partially or fully assembled into other products, and an increase in duties on imports of modules. The measure took effect on February 7, 2018, for an initial period of four years. President Biden on February 4, 2022, issued Proclamation 10339, which extended the safeguard measure on imports of CSPV products for an additional four years, a period which ends on February 6, 2026.

According to today’s USTR notice [PDF 223 KB], pursuant to authority delegated by the president on July 8, 2022, the USTR reached an agreement with Canada limiting the export from Canada and the import into the United States of certain CSPV products.

The USTR, in consultation with the Secretaries of Commerce and Energy, has determined that this agreement will provide that imports of CSPV products originating in Canada do not undermine the effectiveness of the safeguard action extended by the president through Proclamation 10339.

The USTR is modifying the Harmonized Tariff Schedule of the United States (HTSUS) to suspend application of the safeguard measure to imports of CSPV products originating in Canada.


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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