President Biden issued Proclamation 10779 on June 21, 2024 removing the exemption from Section 201 duties on solar cells for ‘bifacial solar panels’ that are imported on or after June 26, at 12:01 a.m. EDT due to surges in imports in recent years.
Since no longer exempt, bifacial solar cells would be subject to Sec 201.
Applicable solar cells fall under Harmonized Tariff Schedule (HTS) 8541.42.0010, crystalline silicon photovoltaic cells (CSPV) modules under HTS 8541.43.0010, and other CSPV products under 8501.71.0000, 8501.72.1000, 8501.80.1000, 8507.20.8010, 8507.20.8031,8507.20.8041, 8507.20.8061, and 8507.20.8091.
Note that buyers who signed a contract by May 16, 2024 may import without Sec 201 duties from June 26, 2024 to September 23, 2024, if the terms of the contract have not changed. Importers will need to complete a ‘certification statement’ (see below) and provide a copy of the contract if CBP requests. Brokers will enter using HTS 9903.45.29 and must upload the importer signed ‘certification statement’ to CBP’s Document Imaging System (DIS). After CBP’s July 2, 2024 deployment, brokers will need to transmit a certification statement indicator in their entry summary, once software companies have programed for it.
CBP has added Automated Commercial Environment (ACE) validations for goods entered under HTS 9903.45.29.
IMPORTER CERTIFICATION
I hereby certify that:
(A) My name is [IMPORTER OF RECORD OFFICIAL’S NAME] and I am an official of [NAME OF IMPORTER OF RECORD], located at [ADDRESS OF IMPORTER OF RECORD].
(B) I hereby certify that the bifacial panels that were entered into the Customs territory of the United States under the entry summary number(s) identified below are fulfilling in whole or in part a contract for sale, purchase, or delivery in the United States of such panels that was in effect and dated as executed prior to May 17, 2024, that specifies that the bifacial panels are to be imported to or delivered within the United States within 90 days after the effective date of the Proclamation of June 21, 2024 , and that has not been modified on or later than May 17, 2024, with regard to delivery date.
(C) This certification applies to the following entries (repeat this block as many times as necessary):
Entry Number:
Applicable Line Item Number of the Entry (Declared Under 9903.45.29, HTSUS):
(D) I understand that [NAME OF IMPORTER OF RECORD] is required to provide U.S. Customs and Border Protection (CBP) with this certification at the time the entry summary is filed and that any additional supporting documentation must be provided upon request by CBP.
Signature
[NAME OF COMPANY OFFICIAL]
[TITLE OF COMPANY OFFICIAL]
Date
Questions on Section 201 for solar cells may be directed to your Livingston account manager.