Bi-facial Solar Panels to Face Safeguard Measures

The Office of the U.S. Trade Representative has determined after consultation with the departments of Commerce and Energy to withdraw an exclusion in place for bi-facial solar panels consisting only of bi-facial solar cells from the safeguard measures on crystalline silicon photovoltaic cells and other CSPV products containing these cells. As a result, these products will be subject to the safeguard measure from 28 October.

USTR argues that the exclusion for bi-facial solar panels, which was granted about four months ago, would likely result in significant increases in imports of bi-facial solar panels and such panels would likely compete with domestically-produced mono-facial and bi-facial CSPV products in the U.S. market. As a result, USTR has concluded that maintaining the exclusion would undermine the objective of the safeguard measure.

The safeguard on CSPV cells consists of (i) a tariff-rate quota on CSPV cells not partially or fully assembled into other products, with an unchanged duty rate for the in-quota quantity and a higher duty rate for over-quota articles, and (ii) a higher duty rate on other CSPV products. A number of product exclusions granted by USTR in September 2018 and June 2019 remain in place.