G/SG/N/8/USA/9  
 
4 October  2017 
(17-5354) 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))  
The following communication dated 4 October 2017 , is being circulated at the request of the 
Delegation of the United States . 
 
_______________  
 
 
Pursuant to Article 12.1(b) of the WTO Agreement on Safeguards (Safeguards Agreement), the 
United States notifies that there has been a finding of serious injury or threat thereof 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.  
 
On 22 September 2017, the U.S. International Trade Commission (Commission) determined that 
imports of crystalline silicon photovoltaic cells (whether or not partially or fully assembled into 
other products) are being imported in such increased quantities as t o be a substantial cause of 
serious injury to the domestic industry.  
 
The initiation that led to this determination was notified to  the Committee on Safeguards 
in G/SG/N/6/USA/11 (dated 29 May 2017).1   
 
The Commission is now considering the appropriate re medy to recommend to the President, and 
will forward its injury findings and remedy recommendations to the President by 
13 November  2017. This report will include the Commission 's injury determination, remedy 
recommendations, certain additional findings, a nd the basis for its injury determination, remedy 
recommendations, and findings as well as the factual information compiled in the Commission 's 
posthearing injury report . The United States will provide a copy of this report, excluding 
confidential business  information, to the Committee on Safeguards shortly after it is submitted to 
the President.  
 
2. Provide information on whether there is an absolute increase in imports or an 
increase in imports relative to domestic production.  
 
The Commission 's report descri bed above in item 1 will contain information regarding increased 
imports.  
 
3. Provide precise description of the product involved.  
 
The products covered by this finding are crystalline silicon photovoltaic (CSPV) cells, whether or 
not partially or fully assem bled into other products, including, but not limited to, modules, 
                                                
1 See also G/SG/N/6/USA/11/Suppl.1 (dated 6 June 2017).  G/SG/N/8/USA/9  
 
- 2 - 
 
  laminates, panels, and building -integrated materials . The investigation covers CSPV cells of a 
thickness equal or greater than 20 micrometers, having a p/n junction (or variant thereof) form ed 
by any means, whether or not the cell has undergone other processing, including, but not limited 
to cleaning, etching, coating, and/or addition of materials (including, but not limited to, 
metallization and conductor patterns) to collect and forward the  electricity that is generated by the 
cell. 
 
Included in the scope of the investigation are photovoltaic cells that contain crystalline silicon in 
addition to other photovoltaic materials . This includes, but is not limited to, passivated emitter rear 
conta ct (PERC) cells, heterojunction with intrinsic thin -layer (HIIT) cells, and other so -called 
"hybrid " cells. 
 
Products under consideration also may be described at the time of importation as components for 
final finished products that are assembled after im portation, including, but not limited to, modules, 
laminates, panels, and building -integrated materials.  
 
Excluded from the investigation are CSPV cells, whether or not partially or fully assembled into 
other products, if the CSPV cells were manufactured i n the United States.  
 
Also excluded from the investigation are thin film photovoltaic products produced from amorphous 
silicon (a -Si), cadmium telluride (CdTe), or copper indium gallium selenide (CIGS).  
 
Also excluded from the scope of the investigation ar e CSPV cells, not exceeding 10,000mm2 in 
surface area, that are permanently integrated into a consumer good whose function is other than 
power generation and that consumes the electricity generated by the integrated CSPV cell . Where 
more than one cell is p ermanently integrated into a consumer good, the surface area for purposes 
of this exclusion shall be the total combined surface area of all cells that are integrated into the 
consumer good.  
 
The CSPV cells covered by the investigation are provided for unde r Harmonized Tariff Schedule of 
the United States (HTSUS) subheading 8541.40.60 . Within that 8 -digit subheading, CSPV cells that 
are assembled into modules or panels are imported under HTS US statistical reporting 
number  8541.40.6020, while CSPV cells that are not assembled into modules and are presented 
separately are imported under statistical reporting number 8541.40.6030 . Inverters or batteries 
with CSPV cells attached can be imported under HTSUS subheadings 8501.61.00 and 8507.20.80, 
respectively . In ad dition, CSPV cells covered by the investigation  may also be classifiable as 
DC generators of subheading 8501.31.80, when such generators are imported with CSPV cells 
attached . While HTSUS provisions are provided for convenience, the written description of the 
scope is dispositive .  
 
4. If the final measure replaces a provisional measure, or if a final measure is 
extended, provide a written description of any part of the imported product that 
will no longer be subject to the measure and the Harmonized System nu mbers 
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 practicable.  
 
Not applicable.  
 
5. Provide precise description of the proposed measure.  
 
The Commission has not yet proposed m easures in response to the Commission 's determination of 
serious injury . The Commission is now considering recommendations as to the appropriate 
measures, which the President will consider after receipt of the Commission 's report described in 
item 1.  
 
6. Provide proposed date of introduction of the measure.  
 
See response to item 5 above.  
 
7. Provide expected duration of the measure.  
 
See response to item 5 above.  G/SG/N/8/USA/9  
 
- 3 - 
 
  8. For a measure with a duration of more than three years, provide the proposed date 
for the review (un der 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 5 above.  
 
9. If the expected duration is over one year, provide expected timetable for 
progressive liberali zation 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 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 as exporters of the product concerned.  
 
Information reg arding the procedures and relevant deadlines with regard to the investigation is 
contained in the notice of initiation .  
 
As the Commission has not yet made a recommendation as to the proposed measure in response 
to the Commission 's determination of seriou s injury, the United States has not established 
procedures for prior consultations . Once the Commission 's recommendation to the President has 
been made, the United States will provide further information regarding the consultation process .   
 
 
__________