G/SG/N/6/USA/11/Suppl.5  
 
4 July 2023 
(23-4527) Page: 1/2 
Committee on Safeguards  Original: English  
 
 
NOTIFICATION UNDER ARTICLE 12.1( A) UPON TAKING A DECISION  
TO APPLY OR 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 on 30 June  2023, is being circulated at the request 
of the delegation of the United States.  
 
_______________  
 
 
Pursuant to Article 12.1( a) of the WTO Agreement on Safeguards (Safeguards Agreement), the 
United  States notifies that it has initiated a review of the situation with respect to the safeguard 
measures on crystalline silicon photovoltaic cells (whether or not partially or fully assembled into 
other products), notified to the Committee 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), G/SG/N/10/USA/7/Suppl.13 (dated 8 February 2022), 
and G/SG/N/10/7/Suppl.13/Corr.1 (dated 10 February 2022) as follows:  
 
1. Specify the date when the investigation was initiated.  
 
The U.S. International Trade Commission (Commission) initiated the investigation on 8 June 2023.  
 
A copy of the Federal Register notice1, published on 14 June 2023, is attached and includes the 
scheduling of a public hearing, deadlines for the filing of written submission, and any applicable rules 
of procedure.  
 
2. Provide the precise description of the product involved.  
 
The products covered by this investigation are described in the Presidential Proclamation published 
in the Federal Register on 9 February 2022, and notified in G/SG/N/10/USA/7/Suppl.13 
(dated  8 February 2023) and G/SG/N/10/USA/7/Suppl.14 (dated 10 February 2022).  
 
3. Provide the reasons for the initiation of the investigation.  
 
The U.S. International Trade Comm ission (Commission) has initiated this investigation for the 
purpose of preparing a report to the President and the Congress, as required by section 204(a)(2) 
of the Trade Act of 1974 (the Trade Act) (19 U.S.C. sec. 2254(a)(2)) on its monitoring of 
develop ments in the domestic industry following the President 's decision to extend the safeguard 
measure on imports of crystalline silicon photovoltaic cells (whether or not partially or fully 
assembled into other products).  Section 204(a)(1) of the Trade Act (19  U.S.C. sec. 2254(a)(1)) 
requires the Commission to monitor developments with respect to the domestic industry, including 
the progress and specific efforts made by workers and firms in the domestic industry to make a 
 
1 The document is also available from the WTO Secretariat. To consult it, please contact 
Ms Anne Richards of the Rules Division ( anne.richards@wto.org ). G/SG/N/6/USA/11/Suppl.5  
 
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  positive adjustment to import competiti on, as long as any action under section 203 of the Trade Act 
remains in effect.  Whenever the initial period of such an action exceeds three years, or if an 
extension of such action exceeds three years, section 204(a)(2) of the Trade Act requires the 
Commis sion to submit a report on the results of the monitoring to the President and the Congress 
no later than the mid -point of the initial period of relief – in this case by 6 February 2024.  
 
4. Provide a point of contact for the investigation and identify the preferred means for 
corresponding.  
 
The point of contact for the investigation is:  
 
Keysha Martinez (Tel: 202 -205-2136) or Andres Andrade (Tel: 202 -205-2078)  
Office of Investigations  
U.S. International Trade Commission  
500 E Street, SW  
Washington, DC 20436  
 
The public record for this investigation may be viewed on the Commission 's electronic docket (EDIS) 
at https://edis.usitc.gov .  
 
5. Provide the deadlines and procedures for importers, exporters and other interested 
parties to present evidence and their views, including (i) deadlines and procedures for 
Members and exporters to identify themselves as interested parties, if so required, to 
participate in the investigation and (ii) the date of the intended pub lic hearing as provided 
for in Article 3.1  
 
Persons wishing to participate in the investigation must file an entry of appearance with the 
Secretary to the Commission, not later than 21 days after publication of the Federal Register notice, 
or by 5 July 202 3. 
 
Each party who is an interested party may submit a prehearing brief to the Commission.  The deadline 
for filing prehearing briefs is 6 November 2023.  Parties may also file post  hearing briefs 
by 21 November 2023.   
 
The Commission has scheduled a hearing for 14 November 2023, at the U.S. International Trade 
Commission Building, 500 E Street, SW, Washington, DC.   
 
Requests to appear at the hearings should be filed in writing with the Secretary to the Commission 
on or before 7 November 2023.  
 
All pa rties and non  parties desiring to appear at the hearings and make oral presentations should 
participate in prehearing conferences to be held on 9 November 2023, if deemed necessary.  
 
Parties may file written testimony in connection with their presentation  at the hearing.  Parties must 
submit any request to present a portion of their hearing testimony in camera no later than 7 business 
days prior to the date of the hearing.  
 
In addition, any person who has not entered an appearance as a party may submit a wr itten 
statement concerning the matters to be addressed in the Commission 's report to the President on 
or before 21 November 2023.  
 
The attached Federal Register notice provides further information regarding deadlines and 
procedures applicable to this inves tigation.  
 
The Commission 's Handbook on E -Filing, available on the Commission 's website at 
https://www.usitc.gov/secretary/documents/handbook_on_filing_procedures.p df, elaborates upon 
the Commission 's rules with respect to electronic filing.  
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