    [United States Statutes at Large, Volume 132, 115th Congress, 2nd Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    Proclamation 9693 of January 23, 2018

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

    By the President of the United States of America

    A Proclamation

    1. On November 13, 2017, the United States International Trade
    Commission (ITC) transmitted to the President a report (the ``ITC
    Report'';) on its investigation under section 202 of the Trade Act of
    1974, as amended (the ``Trade Act'';) (19 U.S.C. 2252), with respect to
    imports of certain crystalline silicon photovoltaic (CSPV) cells,
    whether or not partially or fully assembled into other products
    (including, but not limited to, modules, laminates, panels, and
    building-integrated materials) (``CSPV products'';). These products
    exclude certain products described in the ITC Notice of Institution, 82
    Fed. Reg. 25331 (June 1, 2017), and listed in subdivision (c)(ii) of
    Note 18 in Annex I to this proclamation.
    2. The ITC reached an affirmative determination under section 202(b) of
    the Trade Act (19 U.S.C. 2252(b)) that CSPV products are being imported
    into the United States in such increased quantities as to be a
    substantial cause of serious injury, or threat of serious injury, to the
    domestic industry producing a like or directly competitive article.
    3. Pursuant to section 311(a) of the North American Free Trade Agreement
    Implementation Act (the ``NAFTA Implementation Act'';) (19 U.S.C.
    3371(a)), the ITC made findings as to whether imports from Mexico and
    Canada, considered individually, account for a substantial share of
    total imports and contribute importantly to the serious injury, or
    threat thereof, caused by imports. The ITC made affirmative findings of
    contribution to injury with respect to imports of CSPV products from
    Mexico but made negative findings with respect to imports of CSPV
    products from Canada.
    4. On November 27, 2017, the United States Trade Representative (USTR)
    requested additional information from the ITC under section 203(a)(5) of
    the Trade Act (19 U.S.C. 2253(a)(5)). On December 27, 2017, the ITC
    provided a response that identified unforeseen developments that led to
    the importation of CSPV products into the United

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    States in such increased quantities as to be a substantial cause of
    serious injury (the ``supplemental report'';).
    5. The ITC commissioners transmitted to the President their individual
    recommendations with respect to the actions that each of them considered
    would address the serious injury, or threat of serious injury, to the
    domestic industry and be most effective in facilitating the efforts of
    the industry to make a positive adjustment to import competition. The
    ITC did not recommend an action within the meaning of section 202(e) of
    the Trade Act (19 U.S.C. 2252(e)).
    6. Pursuant to section 203 of the Trade Act (19 U.S.C. 2253), and after
    taking into account the considerations specified in section 203(a)(2) of
    the Trade Act (19 U.S.C. 2253(a)(2)), the ITC Report, and the
    supplemental report, I have determined to implement action of a type
    described in section 203(a)(3) of the Trade Act (19 U.S.C. 2252(a)(3))
    (a ``safeguard measure'';), with regard to the following CSPV products:
    (a) solar cells, whether or not assembled into modules or made up
    into panels provided for in subheading 8541.40.60 in Annex I to this
    proclamation;
    (b) parts or subassemblies of solar cells provided for in
    subheadings 8501.31.80, 8501.61.00, and 8507.20.80 in Annex I to this
    proclamation;
    (c) inverters or batteries with CSPV cells attached provided for in
    subheadings 8501.61.00 and 8507.20.80 in Annex I to this proclamation;
    and
    (d) DC generators with CSPV cells attached provided for in
    subheading 8501.31.80 in Annex I to this proclamation.
    7. Pursuant to section 312(a) of the NAFTA Implementation Act (19 U.S.C.
    3372(a)), I have determined after considering the ITC Report that
    imports of CSPV products from each of Mexico and Canada, considered
    individually, account for a substantial share of total imports and
    contribute importantly to the serious injury or threat of serious injury
    found by the ITC.
    8. Pursuant to section 203 of the Trade Act, the action I have
    determined to take shall be a safeguard measure in the form of:
    (a) a tariff-rate quota on imports of solar cells not partially or
    fully assembled into other products as described in paragraph 6 of this
    proclamation, imposed for a period of 4 years, with unchanging within-
    quota quantities and annual reductions in the rates of duty applicable
    to goods entered in excess of those quantities in the second, third, and
    fourth years, as provided in Annex I to this proclamation; and
    (b) an increase in duties on imports of modules, imposed for a
    period of 4 years, with annual reductions in the rates of duty in the
    second, third, and fourth years, as provided in Annex I to this
    proclamation.
    I have determined to exclude from this action the products listed in
    subdivision (c)(ii) and (c)(iii) of Note 18 in Annex I to this
    proclamation.
    9. This safeguard measure shall apply to imports from all countries,
    except as provided in paragraph 10 of this proclamation.
    10. This safeguard measure shall not apply to imports of any product
    described in paragraph 6 of this proclamation of a developing country

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    that is a Member of the World Trade Organization (WTO), as listed in
    subdivision (b) of Note 18 in Annex I to this proclamation, as long as
    such a country's share of total imports of the product, based on imports
    during a recent representative period, does not exceed 3 percent,
    provided that imports that are the product of all such countries with
    less than 3 percent import share collectively account for not more than
    9 percent of total imports of the product. If I determine that a surge
    in imports of a product described in paragraph 6 of this proclamation of
    a developing country that is a WTO Member results in imports of that
    product from that developing country exceeding either of the thresholds
    described in this paragraph, the safeguard measure shall be modified to
    apply to such product from such country.
    11. The in-quota quantity in each year under the tariff-rate quota
    described in paragraph 8 of this proclamation shall be allocated among
    all countries except those countries the products of which are excluded
    from such tariff-rate quota pursuant to paragraph 10 of this
    proclamation.

    12. Pursuant to section 203(a)(1)(A) of the Trade Act (19 U.S.C.
    2253(a)(1)(A)), I have determined that this safeguard measure will
    facilitate efforts by the domestic industry to make a positive
    adjustment to import competition and provide greater economic and social
    benefits than costs. If I determine that further action is appropriate
    and feasible to facilitate efforts by the domestic industry to make a
    positive adjustment to import competition and to provide greater
    economic and social benefits than costs, or if I determine that the
    conditions under section 204(b)(1) of the Trade Act (19 U.S.C.
    2254(b)(1)) are met, I shall reduce, modify, or terminate the action
    established in this proclamation accordingly. In addition, if I
    determine within 30 days of the date of this proclamation, as a result
    of consultations between the United States and other WTO Members
    pursuant to Article 12.3 of the WTO Agreement on Safeguards, that it is
    necessary to reduce, modify, or terminate the safeguard measure, I shall
    proclaim the corresponding reduction, modification, or termination of
    the safeguard measure within 40 days.
    13. Section 502 of the Trade Act (19 U.S.C. 2462) authorizes the
    President to designate countries as beneficiary developing countries for
    purposes of the Generalized System of Preferences (GSP).
    14. Proclamation 9687 of December 22, 2017, ended the suspension of
    Argentina's designation as a GSP beneficiary developing country. That
    proclamation made corresponding modifications to the Harmonized Tariff
    Schedule of the United States (HTS). Those modifications included
    technical errors, and I have determined that modifications to the HTS
    are necessary to correct them.
    15. Section 604 of the Trade Act (19 U.S.C. 2483), authorizes the
    President to embody in the HTS the substance of the relevant provisions
    of that Act, and of other acts affecting import treatment, and actions
    thereunder, including the removal, modification, continuance, or
    imposition of any rate of duty or other import restriction.
    NOW, THEREFORE, I, DONALD J. TRUMP, President of the United States of
    America, acting under the authority vested in me by the Constitution and
    the laws of the United States, including but not limited to sections
    203, 502, and 604 of the Trade Act, and section 301 of title 3, United
    States Code, do proclaim that:

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    (1) In order to establish increases in duty and a tariff-rate quota
    on imports of the CSPV products described in paragraph 6 of this
    proclamation (other than excluded products), subchapter III of chapter
    99 of the HTS is modified as provided in Annex I to this proclamation.
    Any merchandise subject to the safeguard measure that is admitted into
    U.S. foreign trade zones on or after 12:01 a.m. eastern standard time on
    February 7, 2018, must be admitted as ``privileged foreign status''; as
    defined in 19 CFR 146.41, and will be subject upon entry for consumption
    to any quantitative restrictions or tariffs related to the
    classification under the applicable HTS subheading.
    (2) Except as provided in clause (3) below, imports of CSPV products
    of WTO Member developing countries, as listed in subdivision (b) of Note
    18 in Annex I to this proclamation, shall be excluded from the safeguard
    measure established in this proclamation. Imports of solar cells of
    those countries that are not partially or fully assembled into other
    products shall not be counted toward the tariff-rate quota limits that
    trigger the over-quota rates of duties.
    (3) If, after the safeguard measure established in this proclamation
    takes effect, the USTR determines that:
    (a) the share of total imports of the product of a country listed in
    subdivision (b) of Note 18 in Annex I to this proclamation exceeds 3
    percent,
    (b) imports of the product from all listed countries with less than
    3 percent import share collectively account for more than 9 percent of
    total imports of the product, or
    (c) a country listed in subdivision (b) of Note 18 in Annex I to
    this proclamation is no longer a developing country for purposes of this
    proclamation;
    the USTR is authorized, upon publication of a notice in the Federal
    Register, to revise subdivision (b) of Note 18 in Annex I to this
    proclamation to remove the relevant country from the list or suspend
    operation of that subdivision, as appropriate.
    (4) Within 30 days after the date of this proclamation, the USTR
    shall publish in the Federal Register procedures for requests for
    exclusion of a particular product from the safeguard measure established
    in this proclamation. If the USTR determines, after consultation with
    the Secretaries of Commerce and Energy, that a particular product should
    be excluded, the USTR is authorized, upon publishing a notice of such
    determination in the Federal Register, to modify the HTS provisions
    created by Annex I to this proclamation to exclude such particular
    product from the safeguard measure described in paragraph 8 of this
    proclamation.
    (5) In order to make technical corrections necessary to reflect the
    end of the suspension of Argentina's designation as a GSP beneficiary
    developing country, the HTS is modified as set forth in Annex II to this
    proclamation.
    (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.
    (7) Except as provided for in clause (8) of this proclamation, the
    modifications to the HTS made by this proclamation, including Annex

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    I, shall be effective with respect to goods entered, or withdrawn from
    warehouse for consumption, on or after 12:01 a.m. eastern standard time
    on February 7, 2018, and shall continue in effect as provided in Annex I
    to this proclamation, unless such actions are earlier expressly reduced,
    modified, or terminated. Any modifications to the HTS made pursuant to
    clause (3) or (4) of this proclamation shall take effect as indicated in
    a Federal Register notice published in accordance with those clauses.
    One year from the termination of the safeguard measure established in
    this proclamation, the U.S. note and tariff provisions established in
    Annex I to this proclamation shall be deleted from the HTS.
    (8) The modifications to the HTS set forth in Annex II to this
    proclamation shall be effective with respect to the articles entered, or
    withdrawn from warehouse for consumption, on or after the dates set
    forth in the relevant sections of Annex II.
    IN WITNESS WHEREOF, I have hereunto set my hand this twenty-third day of
    January, in the year of our Lord two thousand eighteen, and of the
    Independence of the United States of America the two hundred and forty-
    second.
    DONALD J. TRUMP

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