[Federal Register Volume 87, Number 138 (Wednesday, July 20, 2022)]
[Notices]
[Pages 43369-43370]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-15519]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE


Suspension of the Safeguard Action on Imports of Certain 
Crystalline Silicon Photovoltaic 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

AGENCY: Office of the United States Trade Representative.

ACTION: Notice.

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SUMMARY: Pursuant to authority delegated by the President on July 8, 
2022, the U.S. Trade Representative reached an agreement with Canada 
limiting the export from Canada and the import into the United States 
of certain crystalline silicon photovoltaic cells (whether or not 
partially or fully assembled into other products) (CSPV products). The 
U.S. Trade Representative, in consultation with the Secretaries of 
Commerce and Energy, has determined that the agreement will ensure that 
imports of CSPV products originating in Canada do not undermine the 
effectiveness of the President's safeguard action proclaimed on imports 
of CSPV products. The U.S. Trade Representative 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.

DATES: The suspension of the application of the safeguard measure to 
imports of CSPV products originating in Canada and technical changes is 
applicable as of February 1, 2022.

FOR FURTHER INFORMATION CONTACT: For questions concerning the 
agreement, contact Michael T. Gagain, Office of General Counsel, at 
[email protected] or 202-395-9529, or Victor Mroczka, 
Office of WTO and Multilateral Affairs, at [email protected] or 
(202) 395-9450.

SUPPLEMENTARY INFORMATION: 

I. The Safeguard Measure on CSPV Products

    On January 23, 2018, the President, pursuant to section 203 of the 
Trade Act of 1974 (Trade Act) (19 U.S.C. 2253), 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. See 83 FR 3541 (Jan. 25, 2018). The measure took 
effect on February 7, 2018, for an initial period of four years. On 
February 4, 2022, the President, pursuant to section 203(e) of the 
Trade Act (19 U.S.C. 2253(e)), 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. See 87 
FR 7357 (Feb. 9, 2022).
    In Proclamation 10339, the President instructed the U.S. Trade 
Representative to enter into negotiations with Canada pursuant to 
section 203(f) of the Trade Act (19 U.S.C. 2253(f)). The proclamation 
provides that if the U.S. Trade Representative concludes an agreement 
with Canada, and the U.S. Trade Representative, in consultation with 
the Secretaries of Commerce and Energy, determines that imports from 
Canada do not undermine the effectiveness of the action extended 
through Proclamation 10339, then the U.S. Trade Representative is 
authorized to publish a Federal Register notice to revise the HTSUS as 
appropriate, with respect to imports from Canada. See 87 FR at 7360.

II. The Agreement With Canada and Suspension of the Safeguard Action on 
Imports of CSPV Products Originating in Canada

    On July 8, 2022, pursuant to the authority delegated by the 
President under section 203(f) of the Trade Act through Proclamation 
10339, the U.S. Trade Representative reached an agreement with Canada 
limiting the export from Canada and the import into the United States 
of CSPV products. The text of the agreement is available at https://ustr.gov/sites/default/files/US-CA%20Solar%20Agreement_Signed_English_070822.pdf. The U.S. Trade 
Representative, in consultation with the Secretaries of Commerce and 
Energy,

[[Page 43370]]

has determined that this agreement will ensure that imports of CSPV 
products originating in Canada do not undermine the effectiveness of 
the safeguard action extended by the President through Proclamation 
10339. Accordingly, and pursuant to Proclamation 10339 and section 
203(f) of the Trade Act, the U.S. Trade Representative is hereby 
modifying Note 18 of subchapter III of chapter 99 of the HTSUS (Note 
18) to suspend application of the safeguard action on imports of CSPV 
products to imports of such products originating in Canada. The Annex 
to this notice modifies the HTSUS to reflect the suspension in 
application of the safeguard action to imports of CSPV products 
originating in Canada.

Greta Peisch,
General Counsel, Office of the United States Trade Representative.
[GRAPHIC] [TIFF OMITTED] TN20JY22.000

[FR Doc. 2022-15519 Filed 7-19-22; 8:45 am]
BILLING CODE 3290-F2-P