[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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