On June 8, 2023, the United States International Trade Commission (USITC) issued a notice of a midterm review of safeguard measures on solar energy panels products, including components, equipment, and photovoltaic cell components, whether partially or fully integrated into other products.
In February 2018, the United States imposed safeguard duties on imported solar energy panels, under a tariff rate quota for a period of four years.
Upon the expiration of the previous period, in February 2022, President Joe Biden decided to extend the application of safeguard measures on solar energy products for an additional four years. This extension increased the tariff rate quota to 5 gigawatts, doubling the original measure.
According to the extension, imported products within the tariff rate quota will not be subject to safeguard duties but will be subject to regular import duties based on the current U.S. tariff schedule, which is currently set at 0%. Imported products beyond the tariff rate quota will be subject to a safeguard duty of 14.75% for the first year (a 0.25% reduction from the original measure) and will decrease by 0.25% annually in the following years.
This extension will remain in effect for a total of four years, until the end of February 2026.
Midterm review of safeguard measures on solar energy products from Vietnam
According to regulations for safeguard measures with a duration of more than three years, the USITC must conduct a midterm review and report to the President and the U.S. Congress on the situation and effectiveness of the measures applied. If necessary, proposals for further adjustments may be recommended.
This report must be submitted prior to the midterm point of the safeguard measure’s duration, specifically by February 6, 2024.
The midterm review aims to evaluate the changes in the domestic manufacturing industry in the United States after a period of implementing safeguard measures. Based on the results of the review, if deemed necessary, the USITC may propose adjustments to the measures, including maintaining the duty rate, extending or reducing the duration of the measures, reducing the duty rate, or exempting certain countries from the safeguard duties.
Parties wishing to participate in the investigation as interested parties must file an entry of appearance with the Secretary of the Commission, as provided in section 201.11 of the Commission’s rules, no later than 21 days after the publication of this notice in the Federal Register.
The Secretary will then prepare a service list containing the names and addresses of all individuals or their representatives who are parties to this investigation after the deadline for filing entries of appearance has passed.
As required by law, the Commission has scheduled a hearing related to this investigation. The hearing will take place at 9:30 a.m. on November 14, 2023. Requests to appear at the hearing must be submitted in writing to the Secretary of the Commission on or before November 7, 2023.
Any requests to appear as a witness via videoconference must be included with the request to appear. Requests to appear via videoconference must include a statement explaining why the witness cannot appear in person. The Chairman or the designated review officer may, at their discretion and for good cause shown, grant such a request.
Requests to appear as a remote witness due to illness or a positive COVID-19 test result may be submitted by 3 p.m. on the business day prior to the hearing. Further information about participation in the hearing will be posted on the Commission’s website at https://www.usitc.gov/calendarpad/calendar.html.
The notice can be downloaded here.