G/SG/N/10/USA/7/Suppl.13  
 
8 February 2022  
(22-1024) Page: 1/4 
Committee on Safeguards  Original: English  
 
 
NOTIFICATION UNDER ARTICLE 12.1(C) OF  
THE AGREEMENT ON SAFEGUARDS UPON MAKING  
A DECISION TO EXTEND A SAFEGUARD MEASURE  
UNITED STATES 
Crystalline Silicon Photovoltaic Cells  
Whether or Not Partially or Fully Assembled into Other Products  
Supplement  
The following communication, dated  and received on7 February 2022 , is being circulated at the 
request of the delegation of the United States.  
 
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Pursuant to Article 12.1(c) of the WTO Agreement on Safeguards (Safeguards Agreement), the 
United States is notifying both a determination by the U.S. International Trade Commission (ITC), 
pursuant to section 204(c) of the Trade Act of 1974 (the Act) (19 U.S.C. sec. 2254(c)), that action 
under section 203 of the Act w ith respect to imports of Crystalline Silicon Photovoltaic (CSPV) Cells 
(Whether or Not Partially or Fully Assembled into Other Products) (solar products) continues to be 
necessary to prevent or remedy serious injury and that there is evidence that the dom estic large 
residential washers industry is making a positive adjustment to import competition, and the 
proclamation signed by the President detailing the extended measure to be applied on imports of 
solar products.  
 
1.  PROVIDE EVIDENCE, CITING RELEVANT D ATA AND THE APPLICABLE PERIOD OF 
INVESTIGATION OF SERIOUS INJURY OR THREAT THEREOF CAUSED BY INCREASED 
IMPORTS  
The ITC forwarded its report to the President on 8 December 2021. The report contains details of 
the ITC 's determination, including evidence that the domestic solar products industry is making a 
positive adjustment to import competition. The United States has included with this notification both 
a copy of the ITC determination as published on  14 December 2021 in the Federal Register1, and 
the ITC Report2 (excluding confidential business information). The ITC Report can also be 
downloaded from the ITC 's website at: https://usitc.gov/publications/other/pub5266.pdf .  
 
Consi stent with Article 12.3 of the Safeguards Agreement, the United States is prepared to consult 
with those Members having a substantial interest as exporters of the products concerned, with a 
view to, inter alia, reviewing the information provided in this no tification and the ITC Report, 
exchanging views on the measure proposed and reaching an understanding on ways to achieve the 
objective set out in Article 8.1 of the Safeguards Agreement. Such Members are also requested to 
 
1 To consult this document, please contact Ms Richards ( anne.richards@wto.org ) of the Rules Division.  
2 Ibid. G/SG/N/10/USA/7/Suppl.13  
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  provide a direct contact point so that the United States may inform them without delay of any 
developments regarding the subject of any consultations.  
 
2.  PROVIDE INFORMATION ON WHETHER THERE IS AN ABSOLUTE INCREASE IN IMPORTS 
OR AN INCREASE IN IMPORTS RELATIVE TO DOMESTIC PRODUCTION  
Not applicable. However, the ITC 's findings regarding whether action continues to be necessary to 
prevent or remedy serious injury can be found on pages 34 -50 of the ITC Report.  
 
3.  PROVIDE THE PRECISE DESCRIPTION OF THE PRODUCT INVOLVED  
The products subject to the measure are solar products, as identified in the Presidential Proclamation 
of 23 January 2018. The measure and Presidential Proclamation were both notified in 
G/SG/N/8/USA/9/Suppl.4 - G/SG/N/10/USA/7 - G/SG/N/11/USA/6 (dated 26 January 2018). The 
measure was subsequently amended through exclusions and other actions taken and notified in 
G/SG/N/10/USA/7/Suppl.1  (dated  24 September  2018),  G/SG/N/8/USA/9/Suppl.5 – 
G/SG/N/10/USA/7/Suppl.2 - G/SG/N/11/USA/6/Suppl.1 (dated  22 May 2019),  
G/SG/N/8/USA/9/Suppl.5/Corr.1 - G/SG/N/10/USA/7/Suppl.2/Corr.1 - 
G/SG/N/11/USA/6/Suppl.1/Corr.1 (dated 27 May 2019), G/SG/N/8/USA/9/Suppl.6 - 
G/SG/N/10/USA/7/Suppl.3 - G/SG/N/11/USA/6/Suppl.2 (dated 7 June 2019), 
G/SG/N/10/USA/7/Suppl.6 (dated 9 October 2 019), G/SG/N/10/USA/7/Suppl.10 (dated 
22 April 2020), G/SG/N/10/USA/7/Suppl.11 (dated 15 June 2020), and G/SG/N/10/USA/7/Suppl.12 
(dated 20 October 2020).  
 
4.  IF THE FINAL MEASURE REPLACES A PROVISIONAL MEASURE, OR IF A FINAL MEASURE 
IS EXTENDED, A MEMBER  IS ENCOURAGED TO PROVIDE A WRITTEN DESCRIPTION OF ANY 
PART OF THE IMPORTED PRODUCT THAT WILL NO LONGER BE SUBJECT TO THE MEASURE 
AND THE HARMONIZED SYSTEM NUMBERS UNDER WHICH IT ENTERS AT LEAST AT A 6 -
DIGIT LEVEL, AND AT A SUB -NATIONAL LEVEL (E.G., 8 -DIGI T, 9-DIGIT OR 10 -DIGIT 
LEVEL) IF PRACTICABLE.  
See response to item 3 above. In addition, the proclamation excludes bifacial panels from the 
extension of duties.  
 
5.  PROVIDE PRECISE DESCRIPTION OF THE MEASURE  
On 4 February 2022, the President signed a proclamation detailing the extended measure to be 
applied on imports of solar products. The Presidential Proclamation3 is attached to this notification. 
The Presidential Proclamation reflects the following decision:  
 
(1) Extend the action for an additional fo ur years, or until 7 February 2026, maintaining the 
TRQ on imports of CSPV cells with an increased in -quota volume level of 5.0 gigawatts, 
and continuing to phase down the action by decreasing the ad valorem  tariff on 
out of-quota imports by 0.25 percentag e points ad valorem from the rate in effect at the 
end of the fourth year of the measure on 6 February, 2022, continuing to decrease the 
ad valorem out -of-quota tariff by 0.25 percentage points in each succeeding year until 
the termination of the measure o n 6 February 2026, and no additional tariff within the 
in-quota quantity of the tariff rate quota (TRQ).  
(2) With respect to CSPV modules, continue to phase down the action by decreasing the 
ad valorem  tariff rate by 0.25 percentage points from the rate in eff ect at the end of the 
fourth year of the measure on 6 February 2022, and continuing to decrease the 
ad valorem  rate by 0.25 percentage points in each succeeding year of the measure.  
(3) Prospectively exclude bifacial panels from the action.  
 
 
3 To consult this document, please contact Ms Richards (anne.richards@wto.org ) of the Rules Division.  G/SG/N/10/USA/7/Suppl.13  
 
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 6.  PROVIDE PROPOS ED DATE OR ACTUAL DATE OF INTRODUCTION OF THE MEASURE  
The extension is scheduled to take effect on 7 February 2022, on or after 12:01am.  
 
7.  PROVIDE EXPECTED DURATION OF THE MEASURE  
The President extended the safeguard measure for four years. The attached  proclamation provides 
the applicable date ranges.  
 
8.  FOR A MEASURE WITH A DURATION OF MORE THAN THREE YEARS, PROVIDE THE 
PROPOSED DATE FOR THE REVIEW (UNDER ARTICLE 7.4) TO BE HELD NOT LATER THAN 
THE MID -TERM OF THE MEASURE, IF SUCH A DATE FOR THE REVIEW HAS ALREADY BEEN 
SCHEDULED  
Section 204(a)(2) of the Trade Act of 1974 (19 U.S.C. §2254(a)(2)) provides that, if an extension 
of a safeguard measure exceeds three years, the U.S. International Trade Commission shall submit 
a report by the midpoint in  the period in which an extension of a safeguard measure is in effect, 
which will be on or about  7 February 2024. More specific details of the mid -term review will be 
notified to this Committee once a date has been scheduled.  
 
9.  IF THE EXPECTED DURATION IS OVER ONE YEAR, PROVIDE EXPECTED TIMETABLE FOR 
PROGRESSIVE LIBERALIZATION OF THE MEASURE  
See response to item 5 above.  
 
10.  IF THE NOTIFICATION RELATES ONLY TO A FINDING OF SERIOUS INJURY OR THREAT 
THEREOF, AND DOES NOT RELATE TO A DECISION TO APPLY OR EXTEND A SAFEGUARD 
MEASURE:  
(i) provide the deadlines for interested parties to comment or any other procedures 
relevant to th e decision to apply the measures, and ; 
(ii) provide information regarding procedures for prior consultation with those Members 
having a substantial interest as exporters of the product concerned.  
Not applicable.  
 
11.  IF THE MEASURE IS BEING EXTENDED, AL SO PROVIDE:  
(i) evidence that the industry concerned is adjusting and that the safeguard measure 
continues to be necessary to prevent or remedy serious injury;  
Th ITC 's findings that the domestic industry concerned is adjusting can be found in the ITC Re port 
on pages 20 -34. 
 
(ii) reference to the WTO document that notified the initial application of the measure;  
See response to item 3 above.  
 
(iii) duration of the measure from initial application till the date at which it will be 
extended;  
Eight years.  
 
and, (iv) precise description of the measure in place prior to the date of extension . 
See response to item 3 above.  
 G/SG/N/10/USA/7/Suppl.13  
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  12.  IF THE NOTIFICATION RELATES TO A DECISION TO APPLY OR EXTEND A SAFEGUARD 
MEASURE, MEMBERS ARE ENCOURAGED TO PROVIDE THE FOLLOWING INF ORMATION:  
(i) The major exporting Members of imports of the product involved.  
(ii) If there are any exporting Members to which the measure does not apply for any 
reason other than the application of Article 9.1, the names of such exporting Members 
and re asons for non -application of the measure.  
See pages I -17 – I-21 and Part V of the ITC Report, and the response to item 3 above.  
 
13. MEMBERS ARE ENCOURAGED TO ATTACH, IN AN ELECTRONIC FORM, PUBLICLY 
AVAILABLE DOCUMENT(S) CONTAINING THE RELEVANT DECISION(S ) MADE BY THE 
COMPETENT AUTHORITY. THIS DOCUMENT MAY BE IN THE ORIGINAL LANGUAGE OF THE 
MEMBER, EVEN WHEN THE LANGUAGE IS NOT ONE OF THE OFFICIAL LANGUAGES OF THE 
WTO. THE DOCUMENT WILL NEITHER BE TRANSLATED NOR CIRCULATED TO THE 
COMMITTEE, BUT WILL BE MAD E AVAILABLE BY THE SECRETARIAT TO MEMBERS 
REQUESTING IT.  
See response to items 1 and 5 above.  
 
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