    [United States Statutes at Large, Volume 134, 116th Congress, 2nd Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    Proclamation 10101 of October 10, 2020
    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), I issued
    Proclamation 9693, which imposed 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 8541.40.6025
    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 imports of other CSPV products, including modules provided
    for in subheading 8541.40.6015 of the HTS. I exempted imports

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    from certain designated beneficiary countries under the Generalized
    System of Preferences from the application of the safeguard measure.
    2. On February 7, 2020, the United States International Trade Commission
    (ITC) issued its report pursuant to section 204(a)(2) of the Trade Act
    (19 U.S.C. 2254(a)(2)), on the results of its monitoring of developments
    with respect to the domestic solar industry (ITC, 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)). In its report, the ITC found that, following
    imposition of the safeguard measure, prices for CSPV cells and modules
    declined in a manner consistent with historical trends but were higher
    than they would have been without the safeguard measure.
    3. With respect to CSPV cells, the ITC found that imports increased
    following imposition of the safeguard measure and that major domestic
    CSPV cell producers ceased production, leading to declines in domestic
    CSPV cell production capacity and production.
    4. With respect to CSPV modules, imports initially declined but rose in
    the first half of 2019 compared with the first half of 2018.
    Additionally, the ITC found that multiple CSPV module producers opened
    production facilities in the United States, particularly in the first
    half of 2019, leading to increases in domestic CSPV module production
    capacity, production, and market share.
    5. On March 6, 2020, the ITC issued an additional report pursuant to a
    request from the United States Trade Representative under section
    204(a)(4) of the Trade Act (19 U.S.C. 2254(a)(4)), regarding the
    probable economic effect on the domestic CSPV cell and module
    manufacturing industry of modifying the safeguard measure to increase
    the level of the TRQ on CSPV cells from the current 2.5 gigawatts (GW)
    to 4.0, 5.0, or 6.0 GW (ITC, 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)). In its report, the
    ITC advised that increasing the TRQ would help to continue growth in
    solar module production but that expanded access to imported cells not
    subject to safeguard duties would put downward pressure on prices for
    United States cells.
    6. The ITC also found that the exclusion of bifacial modules from the
    safeguard measure will likely result in substantial increases in imports
    of bifacial modules if such exclusion remains in effect, and that such
    modules will likely compete with domestically produced CSPV products in
    the United States market. Furthermore, the ITC found that the benefits
    to domestic CSPV module producers from an increase in the TRQ would
    likely be limited if the bifacial module exclusion remained in place.
    According to the ITC, bifacial modules are likely to account for a
    greater share of the market in the future and can substitute for
    monofacial products in the various market segments, such that exempting
    imports of bifacial modules from the safeguard tariff would apply
    significant downward pressure on prices of domestically produced CSPV
    modules.
    7. Section 204(b)(1)(B) of the Trade Act (19 U.S.C. 2254(b)(1)(B))
    authorizes the President, upon petition from a majority of the
    representatives of the domestic industry, to reduce, modify, or
    terminate an ac-

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    tion taken under section 203 of the Trade Act when the President
    determines that the domestic industry has made a positive adjustment to
    import competition.
    8. Section 204(c)(1) of the Trade Act (19 U.S.C. 2254(c)(1)) authorizes
    the President to request that the ITC investigate whether action under
    section 203 of the Trade Act continues to be necessary to prevent or
    remedy serious injury and whether there is evidence that the domestic
    industry is making a positive adjustment to import competition. Section
    204(c)(3) of the Trade Act (19 U.S.C. 2254(c)(3)) establishes the date
    by which the ITC will transmit the report on its investigation, unless
    the President specifies a different date.
    9. After taking into account the information provided in the ITC's
    reports, and after receiving a petition from a majority of the
    representatives of the domestic industry with respect to each of the
    following modifications, I have determined that the domestic industry
    has begun to make positive adjustment to import competition, shown by
    the increases in domestic module production capacity, production, and
    market share. In addition, I have made the following further
    determinations:
    (a) that the exclusion of bifacial panels from application of the
    safeguard tariff has impaired and is likely to continue to impair the
    effectiveness of the action I proclaimed in Proclamation 9693 in light
    of the increased imports of competing products such exclusion entails,
    and that it is necessary to revoke that exclusion and to apply the
    safeguard tariff to bifacial panels;
    (b) that the exclusion of bifacial panels from application of the
    safeguard tariffs has impaired the effectiveness of the 4-year action I
    proclaimed in Proclamation 9693, and that to achieve the full remedial
    effect envisaged for that action, it is necessary to adjust the duty
    rate of the safeguard tariff for the fourth year of the safeguard
    measure to 18 percent.
    10. 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, 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 8541.40.6025 and other CSPV products such as
    modules under HTS subheading 8541.40.6015, subchapter III of chapter 99
    of the HTS is modified as set forth in the Annex to this proclamation.
    (2) The United States Trade Representative is authorized to exercise
    my authority under section 204(c)(1) and (3) of the Trade Act to request
    that the ITC investigate whether action under section 203 of the Trade
    Act continues to be necessary to prevent or remedy serious injury and
    whether there is evidence that the domestic industry is making a
    positive adjustment to import competition, and to specify a different
    date for the ITC to transmit its report.

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    (3) 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.
    (4) The modifications to the HTS made by this proclamation,
    including the Annex 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 15 days after the date of this
    proclamation, and shall continue in effect as provided in the Annex to
    this proclamation, unless such actions are earlier expressly reduced,
    modified, or terminated. One year from the termination of the safeguard
    measure established in this proclamation, the U.S. note and tariff
    provisions established in the Annex to this proclamation shall be
    deleted from the HTS.
    IN WITNESS WHEREOF, I have hereunto set my hand this tenth day of
    October, in the year of our Lord two thousand twenty, and of the
    Independence of the United States of America the two hundred and forty-
    fifth.
    DONALD J. TRUMP

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