G/SG/N/8/USA/9/Suppl.4  
G/SG/N/10/USA/7  
G/SG/N/11/USA/6  
 
26 January 2018 
(18-0641) Page: 1/3 
Committee on Safeguards  Original: English  
 
NOTIFICATION UNDER A RTICLE 12.1(B) OF TH E AGREEMENT ON  
SAFEGUARDS ON FINDIN G A SERIOUS INJURY O R THREAT  
THEREOF CAUSED BY IN CREASED IMPORTS  
NOTIFICATION UNDER A RTICLE 12.1(C) UPON TAKING A DECISION  
TO APPLY OR EXTEND A  SAFEGUARD MEASURE  
NOTIFICATION PURSUAN T TO ARTICLE 9, FOOT NOTE 2  
OF THE AGREEMENT ON SAFEGUARDS  
UNITED STATES 
Crystalline Silicon Photovoltaic Cells  
(Whether or Not Partially or Fully Assembled into Other Prod ucts) 
The following communication dated 26 January 2018, is being circulated at the request of the 
Delegation of the United States.  
 
_______________  
Pursuant to Article 12.1(c) of the WTO Agreement on Safeguards (Safeguards Agreement), the 
United States is notify ing its decision to apply a safeguard measure.  In addition, the United States 
is notifying the non -application of the safeguard measure to developing countries under Article 9.1 
of the Safeguards Agreement.  
There are no changes to paragraphs 1 -4 from G/SG /N/8/USA/9 (dated 4 October 2017), 
G/SG/N/8/USA/9/Suppl.2 (dated 4 December 2017), and G/SG/N/8/USA/9/Suppl.3 (dated 
8 January 2018).  
5. Provide precise description of the proposed measure.  
On 23 January  2018, the President signed a proclamation detailing the proposed measure to be 
applied on imports of crystalline silicon photovoltaic cells (whether or not partially or fully 
assembled into other products).  The Presidential Proclamation is attached to this notification.  
6. Provide proposed date of introduct ion of the measure.  
The measure is scheduled to take effect on 7 February 2018.  
7. Provide the expected duration of the measure.  
The President approved applying the safeguard measure for four years.  The attached 
proclamation1 provides the applicable date ranges.  
                                                
1 To consult this document, please contact Ms. Budd (hilary.budd@wto.org) or Ms.  Naville 
(delphine.naville@wto.org) of the  Rules Division.  G/SG/N/8/USA/9/Suppl.4 • G/SG/N/10/USA/7 • G/SG/N/11/USA/6  
 
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  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 201(a)(2) of the Trade Act of 1974 (19 U.S.C. §2251(a)(2)) requires the U.S. International 
Trade Commission to submit a report by the midpoint in the period in which a safeguard measure 
is in effect, which will be on or about Februa ry 7, 2020.  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.  
The liberali zation schedule for the measure is provided in the attached proclamation.  
12. If the notification relates to a decision to apply or extend a safeguard measure, 
Members are encouraged to provide the following information:  
(i) The major exporting Members of imports of the product involved.  
During the period of investigation, Canada, China, Germany, Japan, Korea, 
Malaysia, Mexico, Philippines, Singapore, Chinese Taipei, Thailand, and Vietnam 
were major exporting countries.  
(ii) If there are any exporting Membe rs 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 reasons for non -application of the 
measure.  
The measure will not apply to the following developing countries which are not 
WTO Members:  Algeria, Azerbaijan, Comoros, Congo (Kinshasa), Eritrea, 
Ethiopia, Iraq, Kiribati, Kosovo, Lebanon, Macedonia, Sao Tomé and Principe, 
Serbia, Somalia, South Sudan, Timor -Leste, Tuvalu, and Uzbekistan.  G/SG/N/8/USA/9/Suppl.4 • G/SG/N/10/USA/7 • G/SG/N/11/USA/6  
 
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  ANNEX  
Non-Application of the Safeguar d Measure to Developing Countries  
Under Article 9.1 of the Agreement on Safeguards  
The safeguard measure shall not apply to imports of any solar product, as specifically described in 
the attached proclamation, of a developing country that is also a Member of the WTO, as long as 
that country's share of total imports of the product, based on imports during a recent 
representative period, does not exceed 3 percent, provided that imports that are the product of all 
such countries with less than 3 percent import  share collectively account for not more than 
9 percent of total imports of the product.  The President has determined that neither Thailand nor 
The Philippines qualify for non -application as imports from those countries have excee ded the 
applicable thresho lds. 
The following developing countries qualify for n on-application of the measure:  
Afghanistan, Albania, Angola, Armenia, Azerbaijan, Belize, Benin, Bhutan, Bolivia, 
Bosnia and Herzegovina, Botswana, Brazil, Burkina Faso, Burma (Myanmar), Burundi, 
Cambodia, Cameroon, Cape Verde, Central African Republic, Chad, Congo 
(Brazzaville), Côte d’Ivoire, Djibouti, Dominica, Ecuador, Egypt, Fiji, Gabon, The 
Gambia, Georgia, Ghana, Grenada, Guinea, Guinea -Bissau, Guyana, Haiti, India, 
Indonesia, Jamaica, Jorda n, Kazakhstan, Kenya, Kyrgyzstan (Kyrgyz Republic), 
Lesotho, Liberia, Madagascar, Malawi, Maldives, Mali, Mauritania, Mauritius, Moldova, 
Mongolia, Montenegro, Mozambique, Namibia, Nepal, Niger, Nigeria, Pakistan, Papua 
New Guinea, Paraguay, Rwanda, Saint Lucia, St. Vincent and the Grenadines, Samoa, 
Senegal, Sierra Leone, Solomon Island, South Africa, Sri Lanka, Suriname, Swaziland, 
Tanzania, Togo, Tonga, Tunisia, Turkey, Uganda, Ukraine, Vanuatu, Yemen (Republic 
of), Zambia, and Zimbabwe.   
In addition, for purposes of this notification, if during the duration of the measure, the President 
determines that a surge in imports of a solar product, as specifically described in the attached 
proclamation, results in imports of a product from a developing country  that is also a Member of 
the WTO is exceeding either of the thresholds described above, the safeguard measure shall be 
modified to apply to such product from such country.  
 
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