G/SG/N/8/USA/9/Suppl.2  
 
4 December 2017 
(17-6641) 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  
UNITED STATES 
Crystalline Silicon Photovoltaic Cells  
(Whether or Not Partially or Fully Assembled into Other Prod ucts) 
Supplement  
The following communication dated 2 December 2017, is being circulated at the request of the 
Delegation of the United States.1 
 
_______________  
 
 
Pursuant to Article 12.1(b) of the WTO Agreement on Safeguards (Safeguards Agreement), the 
United States is supplementing its earlier notification2 regarding the determination of 
the U.S. International Trade Commission (ITC) with respect to serious injury, or threat thereof, 
to the domestic industry caused by increased imports.  
 
1. Provide evidence, citing relevant data and the applicable period of investigation of 
serious injury or threat thereof caused by increased imports.  
 
As previously notified, on September 22, 2017, the ITC determined that imports of crystalline 
silicon photovoltaic cells (whet her or not partially or fully assembled into other products) are being 
imported in such increased quantities as to be a substantial cause of serious injury to the domestic 
industry.  
 
The ITC forwarded its report to the President on November 13, 2017.  The r eport contains: the 
ITC's injury determination, remedy recommendations, and certain additional findings; the basis for 
the ITC 's injury determination, remedy recommendations, and findings; and a compilation of the 
factual information obtained by the ITC in  its investigation (ITC Report).  The United States has 
attached a copy of the ITC 's report, excluding confidential business information, to this 
notification.  The ITC Report can also be downloaded from the ITC 's website at:  
https://usitc.gov/trade_remedy/publications/safeguard_pubs.htm .  
 
Consistent with Article 12.3 of the Safeguards Agreement, the United States is prepared to consult 
with those Members having a substantial inte rest as exporters of the products concerned, with a 
view to, inter alia, reviewing the information provided in this notification 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 
provide a direct contact point so that the United States may inform them without delay of any 
developments regarding the subject of any consultations.  
 
                                                
1 The ITC Report, referred to below, has been submitted electronically . A letter from the US Trade 
Representative to the USITC has also been submitted electronically. To  consult these documents please contact 
Ms. Budd (hilary.budd@wto.org) or Ms.  Naville (delphine.naville@wto.org) of the  Rules Division.  
2 G/SG/N/8/USA/9 (dated 4 October 2017).  G/SG/N/8/USA/9/Suppl.2  
 
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  The ITC 's analysis o f serious injury to the domestic industry producing the products concerned 
appears on pages 5 -65 of the ITC Report, and its analysis of causation by increased imports 
appears on pages 22 -65 of the ITC Report.   
 
2. Provide information on whether there is an ab solute increase in imports or an 
increase in imports relative to domestic production.  
 
The ITC 's findings regarding increased imports appear on pages 19 -22 of the ITC Report.  
 
3. Provide precise description of the product involved.  
 
The products covered by th e ITC 's serious injury determination can be found in the 4 October 2017 
notification, and are also described on pages 12 -13 of the ITC Report.   
 
4. If the final measure replaces a provisional measure, or if a final measure is 
extended, provide a written descr iption 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 the 6 -digit level, and at a sub -national level (e.g., 8 -digit, 
9-digit, or 10 -digit level) if pract icable.  
 
Not applicable.  
 
5. Provide precise description of the proposed measure.  
 
 
Under U.S. law, those Commissioners who make affirmative serious injury or threat of serious 
injury determinations also make recommendations to the President on actions that w ould address 
the serious injury, or threat, and be the most effective in facilitating the efforts of the domestic 
industry to make a positive adjustment to import competition.3 A summary of the ITC 's proposed 
measures appears on pages 2 -3 of its report.  More specific views of each Commissioner on the 
proposed remedy appear on pages 81 -136 of the ITC Report.  
 
6. Provide proposed date of introduction of the measure.  
 
Under U.S. law, the President generally has 60 days from receipt of an ITC report containing an 
affirmative determination of serious injury, or threat thereof, to determine what safeguard action, 
if any, he will take.  If the President requests additional information from the ITC, that period may 
be extended by up to 15 days.  Any action proclaimed by the President generally must take effect 
no later than 15 days after the President proclaims it.  
 
On November 27, 2017, the President requested additional information from the ITC to assist him 
in determining the appropriate and feasible action to take tha t will facilitate efforts by the domestic 
industry to make a positive adjustment to import competition and provide greater economic and 
social benefits than costs.  Specifically, the President requested that the ITC identify any 
unforeseen developments that  led to the articles at issue being imported into the United States in 
such increased quantities as to be a substantial cause of serious injury.  A copy of the request is 
attached to this notification.  
 
The ITC 's supplemental report is due to the President by December 27, 2017.  As a result, the 
President has until January 26, 2018 to determine what safeguard action, if any, he will take.  
 
7. Provide expected duration of the measure.  
 
See response to item 6 above.  
 
8. For a measure with a duration of more than thr ee 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.  
 
See response to item 6 above.  
                                                
3 See 19 U.S.C. § 2252(e)(1) and (6).  G/SG/N/8/USA/9/Suppl.2  
 
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  9. If the expected duration is over one year , provide expected timetable for progressive 
liberalization of the measure.  
 
See response to item 6 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 deadline for interested parties to comment or any other procedures 
relevant to the decision to apply the measures, and  
 
(ii) provide information regarding procedures for prior consultation with those 
Members having a substantial interest a s exporters of the product concerned.  
 
 
Information regarding the procedures and relevant deadlines with regard to the investigation was 
provided in the notice of initiation.  Members having a substantial interest as exporters of the 
product subject to thes e proceeding that wish to consult with the United States may make a 
request through the U.S. Mission in Geneva.  
 
 
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