[Federal Register Volume 89, Number 158 (Thursday, August 15, 2024)]
[Presidential Documents]
[Pages 66181-66185]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-18444]


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  Federal Register / Vol. 89, No. 158 / Thursday, August 15, 2024 / 
Presidential Documents  

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 Title 3--
 The President

[[Page 66181]]

                Proclamation 10790 of August 12, 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. 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
                    (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.

                3. 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.

[[Page 66182]]

                However, in November 2023, a panel of the United States 
                Court of Appeals for the Federal Circuit reversed the 
                CIT's decision.

                4. 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 TRQ on imports of solar 
                cells not partially or fully assembled into other 
                products imposed by Proclamation 9693, as described in 
                paragraph 1 of Proclamation 10339 and paragraph 1 of 
                this proclamation, for an additional period of 4 years, 
                with unchanging within-quota quantities of 5.0 
                gigawatts (GW) for each year and annual reductions in 
                the rates of duty applicable to goods entered in excess 
                of those quantities of cells in the fifth, sixth, 
                seventh, and eighth years, as described in Annex I to 
                Proclamation 10339; and
                    (b) continuation of the safeguard tariff on imports 
                of modules imposed by Proclamation 9693, as described 
                in paragraph 1 of Proclamation 10339 and paragraph 1 of 
                this proclamation, 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.

                5. 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.

                6. On February 6, 2024, the USITC issued its 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 extension 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.

                7. On September 19, 2023, 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 eliminating the TRQ and providing for tariff-free 
                treatment of all imports of CSPV cells, or 
                alternatively to increase the TRQ from 5 GW to 20 GW 
                annually. The petition explains how the domestic 
                industry has continued to make a positive adjustment to 
                import competition. It also explains that expected 
                domestic

[[Page 66183]]

                module production coupled with current lack of 
                sufficient domestic cell production will require 
                domestic module producers to rely on imports in the 
                near term, in excess of the current 5 GW within-quota 
                TRQ amount.

                8. 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.

                9. After taking into account the information provided 
                in the USITC's midterm report, and after receiving a 
                petition from a majority of the representatives of the 
                domestic industry requesting expansion or elimination 
                of the TRQ on imports of certain CSPV cells, 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 expected domestic module production and 
                associated imports of CSPV cells have increased such 
                that it is necessary to modify the action taken in 
                Proclamation 9693, as extended by Proclamation 10339, 
                by expanding the TRQ to unchanging within-quota 
                quantities of 12.5 GW.

                10. The in-quota quantity in each year of the TRQ 
                described in paragraph 9 of this proclamation shall be 
                allocated among all countries except those countries 
                the products of which are excluded from such TRQ 
                pursuant to clause (4) of Proclamation 10339 or 
                paragraph 10 of Proclamation 9693.

                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 on August 1, 2024, and shall continue in effect as provided 
in Annex I to this proclamation, unless such actions are earlier expressly 
reduced, modified, or terminated.

(3) CSPV products that are subject to the modifications described in clause 
(1) of this proclamation, and which are entered into the United States 
above the prior TRQ limit of 5 GW on or after August 1, 2024, shall be 
included within the modified TRQ limit of 12.5 GW and shall not be assessed 
safeguard tariffs unless they enter into the United States above the 
modified TRQ limit of 12.5 GW.

(4) U.S. Customs and Border Protection shall take such actions as are 
necessary to ensure proper application of clauses (1), (2), and (3) of this 
proclamation.

(5) 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.

(6) 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.

[[Page 66184]]

                IN WITNESS WHEREOF, I have hereunto set my hand this 
                twelfth day of August, 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-
                ninth.
                
                
                    (Presidential Sig.)

Billing code 3395-F4-P

[[Page 66185]]

[GRAPHIC] [TIFF OMITTED] TD15AU24.000


[FR Doc. 2024-18444
Filed 8-14-24; 8:45 am]
Billing code 7020-02-C