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USTR notice of exclusions for crystalline silicon photovoltaic (CSPV) cells

USTR notice of exclusions for CSPV cells

The Office of the United States Trade Representative (USTR) today released a notice for publication in the Federal Register about products that are being excluded from the safeguard measure applied to certain solar products—specifically crystalline silicon photovoltaic (CSPV) cells and other CSPV products containing these cells.

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The USTR notice [PDF 190 KB] reflects modifications to subchapter III of chapter 99 of the Harmonized Tariff Schedule of the United States (HTSUS) to reflect these exclusions. The HTSUS modifications apply to articles entered, or withdrawn from a warehouse for consumption, on or after 12:01 am EST, on 19 September 2018 (the date of the publication of the notice in the Federal Register).

Today’s notice of exclusions follows a report from the U.S. International Trade Commission (ITC) to the president under section 201 of the Trade Act of 1974, finding that CSPV cells and other CSPV products containing these cells were being imported into the United States “…in such increased quantities as to be a substantial cause of serious injury to the domestic industry producing an article that is like or directly competitive with the imported products.” Read TradeNewsFlash

The president subsequently issued a proclamation to impose a safeguard measure (a tariff-rate quota and increased customs duties), and there were certain products listed as being excluded from the safeguard measure. The proclamation also directed the USTR to establish procedures for interested persons to request the exclusion of particular products from the safeguard measure. 

Today’s release explains that the USTR considered requests for exclusion and determined that certain CSPV products would be excluded from the safeguard measure. These excluded products are listed in today’s notice and thus will be reflected in the modification to the HTSUS.

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

Doug Zuvich
Partner, Global Practice Leader
T: 312-665-1022
E: dzuvich@kpmg.com

Andy Siciliano
Partner, National Practice Leader
T: 631-425-6057
E: asiciliano@kpmg.com

Irina Vaysfeld
Principal
T: 212-872-2973
E: ivaysfeld@kpmg.com

Robert Waldrop
Principal
T: 212-954-8117 
E: rwaldrop@kpmg.com

Christopher Young
Principal
T: 312-665-3229
E: christopheryoung@kpmg.com

George Zaharatos
Principal
T: 404-222-3292
E: gzaharatos@kpmg.com

John L. McLoughlin
Principal, East Coast Leader
T: 267-256-2614
E: jlmcloughlin@kpmg.com

Luis (Lou) Abad
Principal, WNT
T: 212-954-3094
E: labad@kpmg.com

Amie Ahanchian
Managing Director
T: 202-533-3247
E: aahanchian@kpmg.com

Gisele Belotto
Managing Director
T: 305-913-2779
E: gbelotto@kpmg.com

Andy Doornaert
Managing Director
T: 313-230-3080
E: adoornaert@kpmg.com

Jessica Libby
Managing Director
T: 612-305-5533
E: jlibby@kpmg.com

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