On May 23, 2017, the United States International Trade Commission (USITC) announced the initiation of an investigation to apply safeguard measures to solar battery products after considering a petition requesting an investigation obtained on April 26, 2017 (case No. TA–201–75).

 

I. Relevant information

 

1. Products in investigation: Crystalline Silicon Photovoltaic Cells (Whether or Not Partially or Fully Assembled Into Other Products) under HS codes 8541.40.6030, 8541.40.6020 (CSPV modules), 8501.61.00.00 và 8507.20.80 (CSPV cells) and 8501.31.8000.

 

2. Petitioner: Suvina Inc. (The US)

The petitioner alleges that solar cells imported into the United States have taken a significant share of domestic manufacturers' market share and left these manufacturers in a difficult position, with prolonged losses and even closure, causing widespread job losses.

 

3. Legal Regulations on Global Safeguard Investigations of the United States

Unlike anti-dumping and anti-subsidy investigations, the essence of a global safeguard case is to investigate and apply measures with fair trade practices, according to the laws of the United States, it does not require the investigating agency to draw conclusions about unfair commercial practices. Therefore, the global safeguard investigation case was conducted only by the ITC without the involvement of the US Department of Commerce (DOC).

 

4. ITC Investigation Process

- After receiving the complaint, the ITC will have 15 days to consider and make a decision on whether to initiate an investigation (the deadline to issue a decision to initiate is May 11, 2017).

- The ITC must end the investigation case within 120 days from the date the complaint is filed, except in “particularly complicated” cases, the investigation time can be extended by 30 days.

If the ITC concludes that the domestic industry suffered damage, the ITC will submit a report and propose a remedy to the President (within 180 days of receiving the complaint). If the ITC makes a negative conclusion about the injury to the domestic industry, the case will be closed.

Remedies may include increasing taxes, imposing quotas, applying tariff quotas, facilitating trade adjustments, or a combination of the above. In addition, the ITC may recommend that the President initiate international negotiations to resolve the cause of the increase in imports or other actions permitted by US law to facilitate adjustment of the competitive situation with imported goods. export. The ITC will hold a public hearing during the damage investigation phase and a public hearing during the decision phase on a proposed remedy to the President.

The President will make the final decision on whether or not the measure should be applied, its form and duration. However, US law also stipulates that the initial application period must not exceed 4 years, it can be extended, but the total application time must not exceed 8 years.

 

5. Official decision

On January 23, 2018, the United States International Trade Commission (USITC) decided to apply a safeguard measure to solar panels in the form of tariff quotas and the duration as follows:

Period (D/M/Y)	Safeguard measure
07/02/2018 - 06/02/2019	30%
07/02/2019 - 06/02/2020	25%
07/02/2020 - 06/02/2021	20%
07/02/2021 - 06/02/2022	15%

 

On September 18, 2018, the United States decided to exempt products under classification codes (c)(iii)(7) to (c)(iii)14) in group III chapter 99 of the HTS system from the scope of applying safeguard measures. On June 12, 2019, the United States continued to exempt some bifacial solar cells, fiberglass solar cells, etc. However, the United States later withdrew its exemption decision for bifacial solar cell products.

 

6. Amendment of the safeguard measure

On October 10, 2020, the United States decided to amend the safeguard measure according to the tax rates and deadlines as follows:

Period (D/M/Y)	Safeguard measure
07/02/2018 - 06/02/2019	30%
07/02/2019 - 06/02/2020	25%
07/02/2020 - 06/02/2021	20%
07/02/2021 - 06/02/2022	18%

 

On February 4, 2022, after investigation and review, the US decided to extend the safeguard measure with solar panels for another 4 years but with a quota of 5 gigawatts (twice as the original measure). Tax rates and application periods are as follows:

Period (D/M/Y)	Safeguard measure
07/02/2022 - 06/02/2023	14.75%
07/02/2023 - 06/02/2024	14.5%
07/02/2024 - 06/02/2025	14.25%
07/02/2025 - 06/02/2026	14%

 

II. Case calendar

Ngày (D/M/Y)	Sự kiện
23/05/2017	Investigation initiation notice
18/07/2017	Initiation notice amendment
23/01/2018	Official safeguard measure decision
18/09/2018	Decision on the exemption from the safeguard measure application (1st)
12/06/2019	Decision on the exemption from the safeguard measure application (2nd)
10/2019	Decision to withdraw the bifacial solar panel products exemption
10/10/2020	Decision on amendment of safeguard measure (1st)
11/08/2021	Notice of investigation on extending the application of the safeguard measure
04/02/2022	Decision on amendment of safeguard measure (2nd), extending the application period
08/06/2023	Notice on a mid-term review

Tải tài liệu
1. Initiation notice
2. Amendment of initiation notice
3. Official safeguard measure
4. Exemption decision (1st)
5. Exemption decision (2nd)
6. Decision to withdraw the bifacial solar panel products exemption
7. Decision on amendment of safeguard measure (1st)
8. Notice of investigation on extending the application of the safeguard measure
9. Decision on amendment of safeguard measure (2nd), extending the application period
10. Notice on mid-term review