[Federal Register Volume 89, Number 123 (Wednesday, June 26, 2024)]
[Presidential Documents]
[Pages 53333-53338]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-14143]


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                         Presidential Documents 
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  Federal Register / Vol. 89, No. 123 / Wednesday, June 26, 2024 / 
Presidential Documents  

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 Title 3--
 The President

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                Proclamation 10779 of June 21, 2024

                
To Further Facilitate Positive Adjustment to 
                Competition From Imports of Certain Crystalline Silicon 
                Photovoltaic Cells (Whether or Not Partially or Fully 
                Assembled Into Other Products)

                By the President of the United States of America

                A Proclamation

                1. On January 23, 2018, pursuant to section 203 of the 
                Trade Act of 1974, as amended (the ``Trade Act'') (19 
                U.S.C. 2253), the President issued Proclamation 9693, 
                imposing a safeguard measure for a period of 4 years 
                that included both a tariff-rate quota (TRQ) on imports 
                of certain crystalline silicon photovoltaic (CSPV) 
                cells, not partially or fully assembled into other 
                products, provided for in subheading 8541.40.60 
                (currently 8541.42.00) of the Harmonized Tariff 
                Schedule of the United States (HTS), and an increase in 
                duties (safeguard tariff) on imports of CSPV cells 
                exceeding the TRQ and all imports of other CSPV 
                products, including modules provided for in subheading 
                8541.40.60 (currently 8541.43.00) of the HTS. 
                Proclamation 9693 exempted imports from certain 
                designated beneficiary countries under the Generalized 
                System of Preferences from the application of the 
                safeguard measure.

                2. Clause (4) and Annex I of Proclamation 9693 directed 
                the United States Trade Representative (USTR) to 
                establish procedures for interested persons to request 
                the exclusion of particular products from the safeguard 
                measure. Pursuant to the procedures that the USTR 
                enacted, effective June 13, 2019, the USTR excluded 
                bifacial solar panels that absorb light and generate 
                electricity on each side of the panel and that consist 
                of only bifacial solar cells that absorb light and 
                generate electricity on both sides of the cells 
                (bifacial modules). Exclusion of Particular Products 
                From the Solar Products Safeguard Measure, 84 FR 27684 
                (June 13, 2019).

                3. After taking into account the United States 
                International Trade Commission's (USITC) report on the 
                results of its monitoring of developments with respect 
                to the domestic solar industry (USITC, Crystalline 
                Silicon Photovoltaic Cells, Whether or Not Partially or 
                Fully Assembled Into Other Products: Monitoring 
                Developments in the Domestic Industry, No. TA-201-075 
                (Monitoring)) and the USITC's report regarding the 
                probable economic effect on the domestic CSPV cell and 
                module manufacturing industry of modifying the 
                safeguard measure (USITC, Crystalline Silicon 
                Photovoltaic Cells, Whether or Not Partially or Fully 
                Assembled Into Other Products: Advice on the Probable 
                Economic Effect of Certain Modifications to the 
                Safeguard Measure, No. TA-201-075 (Modification)), and 
                after receiving a petition from a majority of the 
                representatives of the domestic industry with respect 
                to each of the following modifications, on October 10, 
                2020, the President issued Proclamation 10101 under 
                section 204(b)(1)(B) of the Trade Act (19 U.S.C. 
                2254(b)(1)(B)). In Proclamation 10101, the President 
                determined that the domestic industry had begun to make 
                a positive adjustment to import competition, as shown 
                by the increases in domestic module production 
                capacity, production, and market share. Proclamation 
                10101 also:

                    (a) revoked the exclusion of bifacial modules from 
                application of the safeguard measure on the basis that 
                it had impaired and was likely to continue to impair 
                the effectiveness of the safeguard action; and

[[Page 53334]]

                    (b) adjusted the safeguard tariff for the fourth 
                year of the safeguard measure from 15 percent to 18 
                percent on the basis that the exclusion of bifacial 
                modules from application of the safeguard tariff had 
                impaired the remedial effectiveness of the 4-year 
                action proclaimed in Proclamation 9693, and to achieve 
                the full remedial effect envisaged in that action.

                4. On November 16, 2021, the United States Court of 
                International Trade (CIT) held in Solar Energy 
                Industries Association et al. v. United States that the 
                President acted outside of his statutory authority in 
                issuing Proclamation 10101, and enjoined the Government 
                from enforcing that proclamation. However, in November 
                2023, a panel of the United States Court of Appeals for 
                the Federal Circuit reversed the CIT's decision.

                5. After receiving the USITC's December 8, 2021, 
                determination and report pursuant to section 204(c) of 
                the Trade Act (19 U.S.C. 2254(c)), which found that the 
                safeguard action continues to be necessary to prevent 
                or remedy the serious injury to the domestic industry 
                and that there was evidence that the domestic industry 
                was making a positive adjustment to import competition 
                (USITC, Crystalline Silicon Photovoltaic Cells, Whether 
                or Not Partially or Fully Assembled Into Other 
                Products, Investigation No. TA-201-75 (Extension)), and 
                after taking into account the information provided in 
                the USITC's report and the information received from 
                the public through the process published in the Federal 
                Register on September 30, 2021 (86 FR 54279), pursuant 
                to section 203(e)(1)(B) of the Trade Act (19 U.S.C. 
                2253(e)(1)(B)), I issued Proclamation 10339 on February 
                4, 2022. In Proclamation 10339, I determined that the 
                safeguard action on imports of CSPV cells, whether or 
                not partially or fully assembled into other products, 
                continued to be necessary to prevent or remedy the 
                serious injury to the domestic industry, and that there 
                was evidence that the domestic industry was making a 
                positive adjustment to import competition. I further 
                determined to extend the safeguard measure proclaimed 
                in Proclamation 9693, as modified by Proclamation 
                10101, in relevant part, as follows:

                    (a) continuation of the increase in duties on 
                imports of modules described in paragraph 1 of 
                Proclamation 10339 for an additional period of 4 years, 
                with annual reductions in the fifth, sixth, seventh, 
                and eighth years, as described in Annex I to 
                Proclamation 10339; and
                    (b) exclusion of bifacial panels from the extension 
                of duties proclaimed in paragraph 9 of Proclamation 
                10339.

                6. If an extension of an action taken under section 203 
                of the Trade Act (19 U.S.C. 2253) exceeds 3 years, 
                section 204(a)(2) of the Trade Act (19 U.S.C. 
                2254(a)(2)) requires the USITC to issue a report to the 
                President and the Congress on its monitoring of 
                developments with respect to the domestic industry, 
                including the progress and specific efforts made by 
                workers and firms in the domestic industry to make a 
                positive adjustment to import competition, no later 
                than the midpoint of the period of the extension.

                7. On February 6, 2024, the USITC issued its second 
                midterm report pursuant to section 204(a)(2) of the 
                Trade Act (19 U.S.C. 2254(a)(2)) on its monitoring of 
                developments within the industry producing CSPV 
                products since the President's imposition of the 
                safeguard measure (USITC, Crystalline Silicon 
                Photovoltaic Cells, Whether or Not Partially or Fully 
                Assembled Into Other Products: Monitoring Developments 
                in the Domestic Industry, No. TA-201-075 (Second 
                Monitoring)). In its report, the USITC found that the 
                safeguard measure has resulted in positive adjustments 
                from the domestic industry in light of increased actual 
                and planned module production; various announcements of 
                planned domestic cell production; and improvements in 
                several of the domestic industry's financial, trade, 
                and employment indicators. The USITC's report also 
                noted a shift in imports from non-bifacial CSPV cells 
                and panels toward primarily bifacial CSPV cells and 
                modules from 2020-2022 and, when comparing the first 
                half of 2023 with the first half of 2022, with bifacial 
                cells and panels increasingly used in traditionally 
                non-bifacial applications.

[[Page 53335]]

                8. On February 23, 2024, a majority of the 
                representatives of the domestic industry submitted a 
                petition under section 204(b) of the Trade Act (19 
                U.S.C. 2254(b)(1)(B)) to modify the safeguard measure 
                by revoking the exclusion of bifacial products from 
                safeguard relief proclaimed in Proclamation 10339, thus 
                subjecting bifacial modules to the remedy under section 
                201 of the Trade Act (19 U.S.C. 2251). The petition 
                explains how the domestic industry has continued to 
                make a positive adjustment to import competition. It 
                also explains how the exclusion of bifacial panels has 
                led to large import volumes of bifacial modules 
                competing in all sectors of the United States market, 
                thus negatively impacting the domestic industry's 
                efforts to increase substantially its market share 
                notwithstanding the increase in apparent United States 
                consumption.

                9. Section 204(b)(1)(B) of the Trade Act (19 U.S.C. 
                2254(b)(1)(B)) authorizes the President, upon 
                submission of a petition from a majority of the 
                representatives of the domestic industry, to reduce, 
                modify, or terminate an action taken under section 203 
                of the Trade Act when the President determines that the 
                domestic industry has made a positive adjustment to 
                import competition.

                10. After taking into account the information provided 
                in the USITC's second midterm report, and after 
                receiving a petition from a majority of the 
                representatives of the domestic industry with respect 
                to the aforementioned modification, I have determined 
                that the domestic industry has been making and is 
                continuing to make a positive adjustment to import 
                competition, shown by increased actual and planned 
                module production; various announcements of planned 
                domestic cell production; and improvements in several 
                of the domestic industry's financial, trade, and 
                employment indicators. Furthermore, I have determined 
                that imports of bifacial panels have surged in recent 
                years, such that the exclusion of bifacial panels 
                proclaimed in Proclamation 10339 has impaired the 
                effectiveness of the action taken in Proclamation 9693, 
                as extended by Proclamation 10339, and that to achieve 
                the full remedial effect envisaged for that action, it 
                is necessary to modify the section 201 action by 
                revoking the exclusion of bifacial panels and applying 
                the safeguard tariff to bifacial panels.

                NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of 
                the United States of America, by the authority vested 
                in me by the Constitution and the laws of the United 
                States, including sections 203, 204, and 604 of the 
                Trade Act, do proclaim that:

                    (1) In order to modify the action applicable to 
                imports of CSPV cells under HTS subheading 8541.42.0010 
                and other CSPV products, such as modules under HTS 
                subheading 8541.43.0010, subchapter III of chapter 99 
                of the HTS is modified as set forth in Annex I to this 
                proclamation.
                    (2) The modifications to the HTS made by this 
                proclamation, including Annex I hereto, shall be 
                effective with respect to goods entered for 
                consumption, or withdrawn from warehouse for 
                consumption, on or after 12:01 a.m. eastern daylight 
                time 5 days after the date of this proclamation, and 
                shall continue in effect as provided in Annex I to this 
                proclamation, unless such actions are earlier expressly 
                reduced, modified, or terminated.
                    (3) Bifacial panels that are subject to the 
                modifications described in clause (1) of this 
                proclamation shall be exempt from the safeguard tariff, 
                provided that:

(i) the imported bifacial panels are fulfilling in whole or in part a 
contract for sale, purchase, or delivery in the United States that was in 
effect and dated as executed prior to May 17, 2024, that provides for 
importation to or delivery within the United States within 90 days after 
the effective date of this proclamation, and that has not been modified on 
or later than May 17, 2024, with regard to importation or delivery date;

(ii) the bifacial panels are entered into the United States within 90 days 
after the effective date of this proclamation;

[[Page 53336]]

(iii) the bifacial panels are declared and entered under heading 9903.45.29 
of the HTS, and meet the conditions thereof; and

(iv) the importer completes the certification in Annex II to this 
proclamation and provides the completed certification as part of the 
importer's electronic entry summary to U.S. Customs and Border Protection 
(CBP) by uploading it to the Document Imaging System in the Automated 
Commercial Environment at the time that classification is declared under 
heading 9903.45.29 of the HTS.

                    (4) Where bifacial panels that are subject to the 
                modifications described in clause (1) of this 
                proclamation are entered for consumption, or withdrawn 
                from warehouse for consumption, on or after the 
                effective date of this proclamation and do not satisfy 
                the requirements specified in clause (3) of this 
                proclamation, such bifacial panels shall be subject to 
                the safeguard tariff.
                    (5) CBP shall take such actions as are necessary to 
                ensure compliance with the requirements in clauses (3) 
                and (4) of this proclamation. Such actions may include 
                requiring the provision of any additional information 
                deemed necessary by CBP, including a copy of the pre-
                existing contract described in subsection (i) of clause 
                (3) of this proclamation, in order to verify such 
                compliance.
                    (6) One year from the termination of the safeguard 
                measure referenced in this proclamation, as modified by 
                this proclamation, the U.S. note and tariff provisions 
                established in Annex I to this proclamation shall be 
                deleted from the HTS.
                    (7) Any provision of previous proclamations and 
                Executive Orders that is inconsistent with the actions 
                taken in this proclamation is superseded to the extent 
                of such inconsistency.

                IN WITNESS WHEREOF, I have hereunto set my hand this 
                twenty-first day of June, in the year of our Lord two 
                thousand twenty-four, and of the Independence of the 
                United States of America the two hundred and forty-
                eighth.
                
                
                    (Presidential Sig.)

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[FR Doc. 2024-14143
Filed 6-25-24; 8:45 am]
BILLING CODE 7020-02-C