[Federal Register Volume 85, Number 114 (Friday, June 12, 2020)]
[Notices]
[Page 35975]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-12734]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

[Docket No. USTR-2020-0001]


Rescission of the October 2019 Withdrawal of the Bifacial Solar 
Panels Exclusion From the Safeguard Measure on Solar Products

AGENCY: Office of the United States Trade Representative.

ACTION: Notice.

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SUMMARY: The U.S. Trade Representative is expressly rescinding the 
withdrawal, issued in October 2019 (the October Withdrawal), of the 
exclusion of bifacial solar panels from application of the safeguard 
measure on imports of certain solar products pursuant to a Section 201 
investigation. The October Withdrawal is superseded by the withdrawal 
determination made by the U.S. Trade Representative in April 2020 that 
the bifacial solar panel exclusion is undermining the objectives of the 
safeguard measure (the April Withdrawal).

DATES: Rescission of the October Withdrawal is effective June 12, 2020.

FOR FURTHER INFORMATION CONTACT: Victor Mroczka, Office of WTO and 
Multilateral Affairs, at [email protected] or (202) 395-9450, or 
Dax Terrill, Office of General Counsel, at [email protected] or 
(202) 395-4739.

SUPPLEMENTARY INFORMATION:

A. Background

    On January 23, 2018, the President issued Proclamation 9693 (83 FR 
3541) to impose a safeguard measure under section 201 of the Trade Act 
of 1974 (19 U.S.C. 2251) with respect to certain crystalline silicon 
photovoltaic (CSPV) cells and other products (CSPV products) containing 
these cells. The Proclamation directed the U.S. Trade Representative to 
establish procedures for interested persons to request product-specific 
exclusions from the safeguard measure. He did so in February 2018. See 
83 FR 6670. The Proclamation also authorized the U.S. Trade 
Representative, after consultation with the Secretaries of Commerce and 
Energy, to exclude products upon publication of a notice in the Federal 
Register modifying the Harmonized Tariff Schedule of the United States 
(HTSUS).
    Pursuant to the exclusion process, the U.S. Trade Representative 
excluded certain bifacial solar panels from application of the 
safeguard measure in June 2019. See 84 FR 27684. In October 2019 (84 FR 
54244), after evaluating newly available information and consultations 
with the Secretaries of Commerce and Energy, the U.S. Trade 
Representative withdrew the exclusion because it would undermine the 
objectives of the safeguard measure. This withdrawal was challenged by 
Invenergy, Inc. in the U.S. Court of International Trade. In response, 
the U.S. Trade Representative sought comments on whether to maintain, 
withdraw, or take some other action concerning the exclusion of 
bifacial solar panels from the safeguard measure. See 85 FR 4756.

B. Determination Regarding the Bifacial Exclusion

    In April 2020 (85 FR 21497), the U.S. Trade Representative 
determined, based on information and comments provided in response to 
its Federal Register notice, that the bifacial exclusion is undermining 
the objectives of the safeguard measure. After consultation with the 
Secretaries of Commerce and Energy, the U.S. Trade Representative 
issued the April Withdrawal, which was a determination that the 
bifacial exclusion is undermining the objective of the safeguard 
measure on solar products, does not meet the criteria for a legitimate 
exclusion, and should be withdrawn.

C. The Effect of This Notice and the April Withdrawal on the October 
Withdrawal

    This notice confirms that the findings and determination in the 
April Withdrawal supersede the findings and determination in the 
October Withdrawal. With publication of the April Withdrawal, USTR no 
longer seeks to take any action with regard to the bifacial exclusion 
based upon the findings and determination in the October Withdrawal. 
The October Withdrawal is rescinded.

Jeffrey Gerrish,
Deputy United States Trade Representative, Office of the United States 
Trade Representative.
[FR Doc. 2020-12734 Filed 6-11-20; 8:45 am]
BILLING CODE 3290-F0-P