US flag Official website of the Department of Homeland Security

Section 201 Trade Remedy on Solar Cells and Panels, and Washing Machines and Parts

See related CSMS:  18-000106, 18-000111, 18-000169, 18-000262, 18-000296, 18-000624

BACKGROUND

On January 23, 2018, the President issued Presidential Proclamation 9693 and Presidential Proclamation 9694 imposing tariff rate quotas and increased duties on imports of solar cells and panels, and washing machines and parts, effective February 7, 2018. 

This action was taken after the respective U.S industries filed petitions under Section 201 of the Trade Act of 1974 with the U.S. International Trade Commission (ITC), and the ITC found that these U.S. industries were injured by imported goods.  These measures have a duration of four years for solar cells and panels, and three years for washing machines and parts.  These measures cover imports from all countries, except certain developing countries.  Canada is also excluded from the washing machines/parts measures.  See Federal Register 83 FR 3541 and 83 FR 3553.

GUIDANCE

The safeguard measures include tariff rate quotas.  A tariff rate quota permits a specified quantity of merchandise to be imported at a reduced duty rate during a specified period.  For example, the tariff rate quota on solar cells allow importations of a specified quantity of solar cells at no additional duty.   After this specified quantity of solar cells is imported, an additional duty is imposed on the over quota imports.

There are four separate safeguard measures:

  • A tariff rate quota on solar cells;
  • Increased duties on solar panels;
  • A tariff rate quota on washing machines;
  • A tariff rate quota on washing machine parts.

The President has the authority to modify the safeguard measures, for example, by widening the coverage to any of the excluded countries.  USTR also may exempt additional products from the measures.

See related reference documents:

  • Section 201 Exclusion Request Procedures for Solar Products  83 FR 6670 
  • Section 201 Presidential Proclamation 9693 with Annex I & II Solar Products 83 FR 3541
  • Section 201 Presidential Proclamation 9694 with Annex Residential Washers 83 FR 3553
  • Section 201 CSMS 18-000296 GSP Applicability CSMS 18-000296 
  • Section 201 Exclusion of Particular Products From the Solar Products Safeguard Measure 83 FR 47393

ADDITIONAL INFORMATION
 
Existing ACE functionality will be used to process the imports subject to the Section 201 tariff rate quotas and tariffs.  For the tariff rate quotas, CBP’s ACE quota module will automatically tabulate the total reported quantities of products subject to quotas, and require the in-quota or out-of-quota tariff rates based on the quota limits.

Quota Enforcement and Administration

Commodity Status Reports

Questions related to Section 201 requirements should be emailed to traderemedy@cbp.dhs.gov. Questions from the importing community concerning ACE rejections should be referred to their Client Representative.

Last modified: 
October 24, 2018