ITC Restores Bifacial Exemption in Tariff Schedule, but Duty Increase for Solar TRQ Remains
The International Trade Commission updated the tariff schedule late Oct. 26 to restore an exemption for bifacial panels from safeguard duties on crystalline solar photovoltaic cells pursuant an order from the Court of International Trade. Revision 25 to the Harmonized Tariff Schedule of the United States again adds U.S. note 18(c)(iii)(15), which provides for the exemption, to subchapter III of chapter 99. The provision had been removed in the prior HTS revision (see 2010260025).
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The exemption had been eliminated under an Oct. 10 presidential proclamation (see 2010130028), but the CIT issued a temporary restraining order Oct. 24 that blocked the proclamation from taking effect. The court order specifically ordered the government to make no changes to the tariff schedule that would end the bifacial panel exemption.
The other change made by the proclamation and implemented in Revision 24 remains in the tariff schedule. CIT’s order does not apply to the increase in the duty rate for the tariff-rate quota (TRQ) on in-quota cells and panels, from 15% to 18% for the year beginning Feb. 7, 2021.