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

[Federal Register Volume 83, Number 17 (Thursday, January 25, 2018)]

[Presidential Documents]

[Pages 3541-3551]

From the Federal Register Online via the Government Publishing Office [www.gpo.gov]

[FR Doc No: 2018-01592]

Presidential Documents

Federal Register / Vol. 83, No. 17 / Thursday, January 25, 2018 /

Presidential Documents

[[Page 3541]]

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 FR 25331 (June 1, 2017), and

listed in subdivision (c)(ii) of Note 18 in Annex I to

this proclamation.

ing, 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 FR 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.

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 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)).

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:

[[Page 3542]]

(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

mation;

(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

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 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

f

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

clamation.

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

[[Page 3543]]

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).

laim 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:

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:

(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,

unted 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

[[Page 3544]]

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.

r consultation with the

Secretaries

[[Page 3544]]

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 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.

nated. 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.

(Presidential Sig.)

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[FR Doc. 2018-01592

Filed 1-24-18; 2: pm]

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