U.S. GOVERNMENT PUBLISHING OFFICE

WASHINGTON : 

1 

79–011 2018

115th Congress, 2d Session – – – – – – – – – – – – – House Document 115–92 

TO FACILITATE POSITIVE ADJUSTMENT TO COMPETITION FROM IMPORTS OF CERTAIN CRYSTALLINE 

SILICON PHOTOVOLTAIC CELLS (WHETHER OR NOT 

PARTIALLY OR FULLY ASSEMBLED INTO OTHER 

PRODUCTS) AND FOR OTHER PURPOSES 

MESSAGE 

FROM

THE PRESIDENT OF THE UNITED STATES 

TRANSMITTING

DOCUMENTS TO THE CONGRESS THAT DESCRIBE THE SAFEGUARD ACTIONS PROCLAIMED ON IMPORTS OF LARGE RESIDENTIAL WASHERS AND CERTAIN CRYSTALLINE SILICON PHOTOVOLTAIC CELLS (WHETHER OR NOT PARTIALLY OR FULLY ASSEMBLED INTO OTHER PRODUCTS), PURSUANT TO 19 U.S.C. 

2253(b); PUBLIC LAW 93–618, SEC. 203(b); (88 STAT. 2015) 

JANUARY 25, 2018.—Message and accompanying papers referred to the 

Committee on Ways and Means and ordered to be printed 


E:\Seals\Congress.#13
(1) 

THE WHITE HOUSE, 

Washington, January 23, 2018. 

Hon. PAUL D. RYAN, 

Speaker of the House of Representatives, 

Washington, DC. 

DEAR MR. SPEAKER: In accordance with section 203(b) of the 

Trade Act of 1974, as amended (the ‘‘Act’’), I hereby transmit documents to the Congress that describe the safeguard actions that I 

have proclaimed on imports of large residential washers and certain crystalline silicon photovoltaic cells (whether or not partially 

or fully assembled into other products), pursuant to the authority 

vested in me by the Constitution and the laws of the United States, 

including section 203(a)(1) of the Act, and the reasons for taking 

these actions. 

Sincerely, 

DONALD J. TRUMP. 

(3) 

TO FACILITATE POSITIVE ADJUSTMENT TO COMPETITION FROM IM- PORTS OF CERTAIN CRYSTALLINE SILICON PHOTOVOLTAIC CELLS

(WHETHER OR NOT PARTIALLY OR FULLY ASSEMBLED INTO OTHER

PRODUCTS) AND FOR OTHER PURPOSES

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA

A PROCLAMATION

1. On November 13, 2017, the United States International Trade 

Commission (ITC) transmitted to the President a report (the ‘‘ITC 

Report’’) on its investigation under section 202 of the Trade Act of 

1974, as amended (the ‘‘Trade Act’’) (19 U.S.C. 2252), with respect 

to imports of certain crystalline silicon photovoltaic (CSPV) cells, 

whether or not partially or fully assembled into other products (including, but not limited to, modules, laminates, panels, and building-integrated materials) (‘‘CSPV products’’). These products exclude certain products described in the ITC Notice of Institution, 

82 Fed. Reg. 25331 (June 1, 2017), and listed in subdivision (c)(ii) 

of Note 18 in Annex I to this proclamation. 

2. The ITC reached an affirmative determination under section 

202(b) of the Trade Act (19 U.S.C. 2252(b)) that CSPV products are 

being imported into the United States in such increased quantities 

as to be a substantial cause of serious injury, or threat of serious 

injury, to the domestic industry producing a like or directly competitive article. 

3. Pursuant to section 311(a) of the North American Free Trade 

Agreement Implementation Act (the ‘‘NAFTA Implementation Act’’) 

(19 U.S.C. 3371(a)), the ITC made findings as to whether imports 

from Mexico and Canada, considered individually, account for a 

substantial share of total imports and contribute importantly to the 

serious injury, or threat thereof, caused by imports. The ITC made 

affirmative findings of contribution to injury with respect to imports of CSPV products from Mexico but made negative findings 

with respect to imports of CSPV products from Canada. 

4. On November 27, 2017, the United States Trade Representative (USTR) requested additional information from the ITC under 

section 203(a)(5) of the Trade Act (19 U.S.C. 2253(a)(5)). On December 27, 2017, the ITC provided a response that identified unforeseen developments that led to the importation of CSPV products into the United States in such increased quantities as to be 

a substantial cause of serious injury (the ‘‘supplemental report’’). 

5. The ITC commissioners transmitted to the President their individual recommendations with respect to the actions that each of 

them considered would address the serious injury, or threat of serious injury, to the domestic industry and be most effective in facilitating the efforts of the industry to make a positive adjustment to 

4 

import competition. The ITC did not recommend an action within 

the meaning of section 202(e) of the Trade Act (19 U.S.C. 2252(e)). 

6. Pursuant to section 203 of the Trade Act (19 U.S.C. 2253), and 

after taking into account the considerations specified in section 

203(a)(2) of the Trade Act (19 U.S.C. 2253(a)(2)), the ITC Report, 

and the supplemental report, I have determined to implement action of a type described in section 203(a)(3) of the Trade Act (19 

U.S.C. 2252(a)(3)) (a ‘‘safeguard measure’’), with regard to the following CSPV products: 

(a) solar cells, whether or not assembled into modules or made 

up into panels provided for in subheading 8541.40.60 in Annex I 

to this proclamation; 

(b) parts or subassemblies of solar cells provided for in subheadings 8501.31.80, 8501.61.00, and 8507.20.80 in Annex I to this 

proclamation; 

(c) inverters or batteries with CSPV cells attached provided for 

in subheadings 8501.61.00 and 8507.20.80 in Annex I to this proclamation; and 

(d) DC generators with CSPV cells attached provided for in subheading 8501.31.80 in Annex I to this proclamation. 

7. Pursuant to section 312(a) of the NAFTA Implementation Act 

(19 U.S.C. 3372(a)), I have determined after considering the ITC 

Report that imports of CSPV products from each of Mexico and 

Canada, considered individually, account for a substantial share of 

total imports and contribute importantly to the serious injury or 

threat of serious injury found by the ITC. 

8. Pursuant to section 203 of the Trade Act, the action I have determined to take shall be a safeguard measure in the form of: 

(a) a tariff-rate quota on imports of solar cells not partially or 

fully assembled into other products as described in paragraph 6 of 

this proclamation, imposed for a period of 4 years, with unchanging 

within-quota quantities and annual reductions in the rates of duty 

applicable to goods entered in excess of those quantities in the second, third, and fourth years, as provided in Annex I to this proclamation; and 

(b) an increase in duties on imports of modules, imposed for a period of 4 years, with annual reductions in the rates of duty in the 

second, third, and fourth years, as provided in Annex I to this proclamation. 

I have determined to exclude from this action the products listed 

in subdivision (c)(ii) and (c)(iii) of Note 18 in Annex I to this proclamation. 

9. This safeguard measure shall apply to imports from all countries, except as provided in paragraph 10 of this proclamation. 

10. This safeguard measure shall not apply to imports of any 

product described in paragraph 6 of this proclamation of a developing country that is a Member of the World Trade Organization 

(WTO), as listed in subdivision (b) of Note 18 in Annex I to this 

proclamation, as long as such a 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. If I determine that a surge in imports of a product deVerDate Sep 11 2014 05:23 Jan 26, 2018 Jkt 079011 PO 00000 Frm 00006 Fmt 6601 Sfmt 6602 E:\HR\OC\HD092.XXX HD092
5 

scribed in paragraph 6 of this proclamation of a developing country 

that is a WTO Member results in imports of that product from that 

developing country exceeding either of the thresholds described in 

this paragraph, the safeguard measure shall be modified to apply 

to such product from such country. 

11. The in-quota quantity in each year under the tariff-rate 

quota described in paragraph 8 of this proclamation shall be allocated among all countries except those countries the products of 

which are excluded from such tariff-rate quota pursuant to paragraph 10 of this proclamation. 

12. Pursuant to section 203(a)(1)(A) of the Trade Act (19 U.S.C. 

2253(a)(1)(A)), I have determined that this safeguard measure will 

facilitate efforts by the domestic industry to make a positive adjustment to import competition and provide greater economic and social benefits than costs. If I determine that further action is appropriate and feasible to facilitate efforts by the domestic industry to 

make a positive adjustment to import competition and to provide 

greater economic and social benefits than costs, or if I determine 

that the conditions under section 204(b)(1) of the Trade Act (19 

U.S.C. 2254(b)(1)) are met, I shall reduce, modify, or terminate the 

action established in this proclamation accordingly. In addition, if 

I determine within 30 days of the date of this proclamation, as a 

result of consultations between the United States and other WTO 

Members pursuant to Article 12.3 of the WTO Agreement on Safeguards, that it is necessary to reduce, modify, or terminate the 

safeguard measure, I shall proclaim the corresponding reduction, 

modification, or termination of the safeguard measure within 40 

days. 

13. Section 502 of the Trade Act (19 U.S.C. 2462) authorizes the 

President to designate countries as beneficiary developing countries 

for purposes of the Generalized System of Preferences (GSP). 

14. Proclamation 9687 of December 22, 2017, ended the suspension of Argentina’s designation as a GSP beneficiary developing 

country. That proclamation made corresponding modifications to 

the Harmonized Tariff Schedule of the United States (HTS). Those 

modifications included technical errors, and I have determined that 

modifications to the HTS are necessary to correct them. 

15. Section 604 of the Trade Act (19 U.S.C. 2483), authorizes the 

President to embody in the HTS the substance of the relevant provisions of that Act, and of other acts affecting import treatment, 

and actions thereunder, including the removal, modification, continuance, or imposition of any rate of duty or other import restriction. 

Now, therefore, I, DONALD J. TRUMP, President of the United 

States of America, acting under the authority vested in me by the 

Constitution and the laws of the United States, including but not 

limited to sections 203, 502, and 604 of the Trade Act, and section 

301 of title 3, United States Code, do proclaim that: 

(1) In order to establish increases in duty and a tariff-rate quota 

on imports of the CSPV products described in paragraph 6 of this 

proclamation (other than excluded products), subchapter III of 

chapter 99 of the HTS is modified as provided in Annex I to this 

proclamation. Any merchandise subject to the safeguard measure 

that is admitted into U.S. foreign trade zones on or after 12:01 a.m. 

6 

eastern standard time on February 7, 2018, must be admitted as 

‘‘privileged foreign status’ ’’ as defined in 19 CFR 146.41, and will 

be subject upon entry for consumption to any quantitative restrictions or tariffs related to the classification under the applicable 

HTS subheading. 

(2) Except as provided in clause (3) below, imports of CSPV products of WTO Member developing countries, as listed in subdivision 

(b) of Note 18 in Annex I to this proclamation, shall be excluded 

from the safeguard measure established in this proclamation. Imports of solar cells of those countries that are not partially or fully 

assembled into other products shall not be counted toward the tariff-rate quota limits that trigger the over-quota rates of duties. 

(3) If, after the safeguard measure established in this proclamation takes effect, the USTR determines that: 

(a) the share of total imports of the product of a country listed 

in subdivision (b) of Note 18 in Annex I to this proclamation exceeds 3 percent, 

(b) imports of the product from all listed countries with less than 

3 percent import share collectively account for more than 9 percent 

of total imports of the product, or 

(c) a country listed in subdivision (b) of Note 18 in Annex I to 

this proclamation is no longer a developing country for purposes of 

this proclamation; the USTR is authorized, upon publication of a 

notice in the Federal Register, to revise subdivision (b) of Note 18 

in Annex I to this proclamation to remove the relevant country 

from the list or suspend operation of that subdivision, as appropriate. 

(4) Within 30 days after the date of this proclamation, the USTR 

shall publish in the Federal Register procedures for requests for exclusion of a particular product from the safeguard measure established in this proclamation. If the USTR determines, after consultation with the Secretaries of Commerce and Energy, that a particular product should be excluded, the USTR is authorized, upon 

publishing a notice of such determination in the Federal Register, 

to modify the HTS provisions created by Annex I to this proclamation to exclude such particular product from the safeguard measure 

described in paragraph 8 of this proclamation. 

(5) In order to make technical corrections necessary to reflect the 

end of the suspension of Argentina’s designation as a GSP beneficiary developing country, the HTS is modified as set forth in 

Annex II to this proclamation. 

(6) Any provision of previous proclamations and Executive Orders that is inconsistent with the actions taken in this proclamation is superseded to the extent of such inconsistency. 

(7) Except as provided for in clause (8) of this proclamation, the 

modifications to the HTS made by this proclamation, including 

Annex I, shall be effective with respect to goods entered, or withdrawn from warehouse for consumption, on or after 12:01 a.m. 

eastern standard time on February 7, 2018, and shall continue in 

effect as provided in Annex I to this proclamation, unless such actions are earlier expressly reduced, modified, or terminated. Any 

modifications to the HTS made pursuant to clause (3) or (4) of this 

proclamation shall take effect as indicated in a Federal Register notice published in accordance with those clauses. One year from the 

7 

termination of the safeguard measure established in this proclamation, the U.S. note and tariff provisions established in Annex I to 

this proclamation shall be deleted from the HTS. 

(8) The modifications to the HTS set forth in Annex II to this 

proclamation shall be effective with respect to the articles entered, 

or withdrawn from warehouse for consumption, on or after the 

dates set forth in the relevant sections of Annex II. 

IN WITNESS WHEREOF, I have hereunto set my hand this 

twenty-third day of January, in the year of our Lord two thousand 

eighteen, and of the Independence of the United States of America 

the two hundred and forty-second. 

DONALD J. TRUMP. 

8 


Insert offset folio 11 here HD92.001

ANNEX I 

MODIFICATIONS TO CHAPTER 99 OF THE HARMONIZED TARIFF SCHEDULE 

OF THE UNITED STATES 

Effective with respect to goods entered, or withdrawn from warehouse for consumption, 

on or after 12:01 a.m. eastern standard time on February 7, 2018, and through 11:59 p.m. eastern 

standard time on February 6, 2022, subchapter III of chapter 99 of the Harmonized Tariff 

Schedule of the United States (HTS) is hereby modified by inserting in numerical sequence the 

following new U.S. note and provisions: 

"18. (a) Subheadings 9903.45.21 through 9903.45.25 and any superior texts thereto establish 

temporary modifications applicable to entries of goods described herein and 

classified in the enumerated provisions of chapter 85 of the tariff schedule. 

Whenever any such subheading specifies that the annual aggregate quantity of such 

goods shall not exceed the quantity established under the terms of this note, when 

such goods are not the product of a country enumerated in subdivision (b) of this 

note, any entry of such goods that is in excess of the quantity specified for such 

provision shall be entered under the over-quota subheading set forth herein for such 

goods. All such goods shall be subject to duty as provided herein; and such duties 

shall be cumulative and imposed in addition to the rate of duty established for any 

such goods in chapter 85 of the tariff schedule, except as may be specified for duties 

imposed under the Rates of Duty 2 column. 

(b) For the purposes of this note and the application of subheadings 9903.45.21 through 

9903.45.25, inclusive, the following developing countries that are members of the 

World Trade Organization shall not be subject to the rates of duty and tariff-rate 

quotas provided for therein: 

Afghanistan, Albania, Algeria, Angola, Armenia, Azerbaijan, Belize, Benin, Bhutan, 

Bolivia, Bosnia and Herzegovina, Botswana, Brazil, Burkina Faso, Burma, Burundi, 

Cambodia, Cameroon, Cape Verde, Central African Republic, Chad, Comoros, 

Congo (Brazzaville), Congo (Kinshasa), Cote d'Ivoire, Djibouti, Dominica, Ecuador, 

Egypt, Eritrea, Ethiopia, Fiji, Gabon, The Gambia, Georgia, Ghana, Grenada, 

Guinea, Guinea-Bissau, Guyana, Haiti, India, Indonesia, Iraq, Jamaica, Jordan, 

Kazakhstan, Kenya, Kiribati, Kosovo, Kyrgyzstan, Lebanon, Lesotho, Liberia, 

Macedonia, Madagascar, Malawi, Maldives, Mali, Mauritania, Mauritius, Moldova, 

Mongolia, Montenegro, Mozambique, Namibia, Nepal, Niger, Nigeria, Pakistan, 

Papua New Guinea, Paraguay, Rwanda, Saint Lucia, Saint Vincent and the 

Grenadines, Samoa, Sao Tome and Principe, Senegal, Serbia, Sierra Leone, Solomon 

Island, Somalia, South Africa, South Sudan, Sri Lanka, Suriname, Swaziland, 

Tanzania, Timor-Leste, Togo, Tonga, Tunisia, Turkey, Tuvalu, Uganda, Ukraine, 

Uzbekistan, Vanuatu, Yemen (Republic of), Zambia and Zimbabwe. 

(c) (i) For the purposes of subheadings 9903.45.21 and 9903.45.22, except as 

otherwise provided herein, the term "crystalline silicon photovoltaic cells" 

("CSPV cells") means crystalline silicon photovoltaic cells of a thickness equal 

to or greater than 20 micrometers, having a pin junction (or variant thereof) 
9 


Insert offset folio 12 here HD92.002

Annexes, page 2 

formed by any means, whether or not the cell (or subassemblies thereof 

provided for in subheading 8541.40.60 and imported under statistical reporting 

number 8541.40.6030) 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. Such cells include photovoltaic 

cells that contain crystalline silicon in addition to other photovoltaic materials. 

This includes, but is not limited to, passivated emitter rear contact cells, 

heterojunction with intrinsic thin-layer cells, and other so-called hybrid cells. 

Subheadings 9903.45.21 and 9903.45.22 include goods presented in cell form 

and which at the time of importation are not presented assembled into circuits, 

laminates or modules or made up into panels. 

(ii) Subheadings 9903.45.21 and 9903.45.22 shall not cover-

(1) thin film photovoltaic products produced from amorphous silicon 

("a-Si"), cadmium telluride ("CdTe"), or copper indium gallium selenide 

("CIGS"); 

(2) CSPV cells, not exceeding 10,000 mm2 in surface area, that are 

permanently integrated into a consumer good whose primary function is 

other than power generation and that consumes the electricity generated 

by the integrated CSPV cell. Where more than one CSPV cell is 

permanently integrated into a consumer good, the surface area for 

purposes of this exclusion shall be the total combined surface area of all 

CSPV cells that are integrated into the consumer good; and 

(3) CSPV cells, whether or not partially or fully assembled into other 

products, if such CSPV cells were manufactured in the United States. 

(iii) Subheadings 9903.45.21 and 9903.45.22 shall likewise not cover the following 

goods, whether or not separate statistical reporting numbers therefor may 

appear in chapters I through 97 of the tariff schedule: 

(I) I 0 to 60 watt, inclusive, rectangular solar panels, where the panels have 

the following characteristics: (A) length of 250 mm or more but not over 

482 mm or width of 400 mm or more but not over 635 mm, and 

(B) surface area of 1000 cm2 or more but not over 3,061 cm2), provided 

that no such panel with those characteristics shall contain an internal 

battery or external computer peripheral ports at the time of entry; 

(2) I watt solar panels incorporated into nightlights that use rechargeable 

batteries and have the following dimensions: 58 mm or more but not 

over 64 mm by 126 mm or more but not over 140 mm; 

(3) 2 watt solar panels incorporated into daylight dimmers, that may use 

rechargeable batteries, such panels with the following dimensions: 
10 


Insert offset folio 13 here HD92.003

Annexes, page 3 

75 mm or more but not over 82 mm by 139 mm or more but not over 

143mm; 

(4) off-grid and portable CSPV panels, whether in a foldable case or in rigid 

form containing a glass cover, where the panels have the following 

characteristics: 

(A) a total power output of 100 watts or less per panel; 

(B) a maximum surface area of 8,000 cm2 per panel; 

(C) do not include a built-in inverter; 

(D) where the panels have glass covers, such panels must be in 

individual retail packaging (for purposes of this provision, retail 

packaging typically includes graphics, the product name, its 

description and/or features, and foam for transport); 

(5) 3.19 watt or less solar panels, each with length of 75 mm or more but not 

over 266 mm and width of 46 mm or more but not over 127 mm, with 

surface area of 33 8 cm2 or less, with one black wire and one red wire 

(each of type 22 AWG or 24 AWG) not more than 206 mm in length 

when measured from panel edge, provided that no such panel shall 

contain an internal battery or external computer peripheral ports; 

(6) 27.1 watt or less solar panels, each with surface area less than 3,000 cm2 

and coated across the entire surface with a polyurethane doming resin, 

the foregoing joined to a battery charging and maintaining unit, such unit 

which is an acrylonitrile butadiene styrene ("ABS") box that 

incorporates a light emitting diode ("LED") by coated wires that include 

a connector to permit the incorporation of an extension cable. 

(d) Any goods covered by this note may also be excluded from the application of relief 

if they are covered by a determination by the United States Trade Representative 

("USTR") published in the Federal Register that such goods should be exempt from 

the application of any rate of duty or tariff-rate quota otherwise imposed on goods 

described in the provisions of this note. Such a determination by the USTR under 

this subdivision may exempt specific additional CSPV cells or modules when 

entered from all countries or when entered from enumerated countries only, or may 

modify the product descriptions in subdivision (c) of this note. The USTR is 

authorized to modify or terminate any such determination during the effective period 

of the subheadings specified in the first sentence of subdivision (a) of this note and to 

specify, subsequent to the effective date specified in this note, that such CSPV cells 

and modules will be considered "goods excluded from the application of relief' upon 

publication by the USTR of a notice in the Federal Register. Such "goods excluded 

from the application of relief' shall not be counted toward any tarift:rate quota 

quantities specified for any quota period. 
11 


Insert offset folio 14 here HD92.004

Annexes, page 4 

(e) (i) For purposes of subheading 9903.45.21, the aggregate annual quantity of 

goods eligible to enter during any period enumerated herein shall not exceed 

the volume level set forth in such subheading, where 1 gigawatt equals 1,000 

megawatts. 

(ii) Any importer entering CSPV cells under subheading 9903.45.21 shall report 

the electricity power output attributable to such cells to the satisfaction of U.S. 

Customs and Border Protection ("Customs") and shall provide such 

information as Customs may require in order to permit the administration of 

this subheading. Such an entry shall constitute a certification by that importer 

of the power output attributable to the CSPV cells described therein. Importers 

are likewise directed to report the electricity power output attributable to CSPV 

cells entered under subheading 9903.45.22 to the extent that and in such form 

as Customs may require. 

(t) For purposes of subheading 9903.45.22 to this subchapter, the duty rate in the Rates 

of Duty !-General subcolumn and the Rates of Duty 2 column for all goods entered 

under such subheading, and not the product of a country enumerated in subdivision 

(b) of this note, shall be as follows, with the duty rates set forth herein applied in 

addition to those applicable under subheading 8541.40.60: 

If entered during the period from 

February 7, 2018 through February 6, 2019 ..................................... 30% 

If entered during the period from 

February 7, 2019 through February 6, 2020 ..................................... 25% 

If entered during the period from 

February 7, 2020 through February 6, 2021 ..................................... 20% 

If entered during the period from 

February 7, 2021 through February 6, 2022 .................................... 15%. 

(g) For purposes of subheading 9903.45.25 to this subchapter, the term "modules" shall 

include the following goods provided for in subheading 8541.40.60 of the tariff 

schedule: a module is a joined group of CSPV cells, as such cells are defined in 

subdivision (c) of this note, regardless of the number of cells or the shape of the 

joined group, that are capable of generating electricity. Also included as a "module" 

are goods each known as a "panel" comprising a CSPV cell that has undergone any 

processing, assembly, or interconnection (including, but not limited to, assembly into 

a laminate). Such CSPV cells assembled into modules or made up into panels 

include goods of a type reported for statistical purposes under statistical reporting 

number 8541.40.6020. Such goods also include (i) CSPV cells which are presented 

attached to inverters or batteries of subheading 8501.61.00 or 8507.20.80, 

respectively; and (ii) CSPV cells classifiable as DC generators of subheading 

8501.31.80. 
12 


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Annexes, page 5 

(h) For purposes of subheading 9903.45.25 to this subchapter, the duty rate in the Rates 

of Duty !-General subcolumn and the Rates of Duty 2 column in any of the periods 

enumerated below shall be as follows, with the duty rates set forth herein applied in 

addition to those applicable under subheading 8541.40.60: 

If entered during the period from 

February 7, 2018 through February 6, 2019 ..................................... 30% 

If entered during the period from 

February 7, 2019 through February 6, 2020 ..................................... 25% 

If entered during the period from 

February 7, 2020 through February 6, 2021 ..................................... 20% 

If entered during the period from 

February 7, 2021 through February 6, 2022 .................................... 15%. 

Such duty shall be imposed on the declared value of such modules, including the cost 

or value of the non-cell portions thereof (such as aluminum frames), as Customs in 

its regulations or instructions may require. 

Rates of Duty 

Heading/ 

Subheading 

Article description 

9903.45.21 

9903.45.22 

Crystalline silicon photovoltaic cells, as defined in note 18(c) 

to this subchapter, when the product or originating good of 

a country other than a country described in note 18(b) to 

this subchapter: 

If entered in an annual aggregate quantity not 

exceeding 2.5 gigawatts, under the terms of such 

note ................................................................................... . 

Other ................................................................................. . 

General 

No 

change 

The duty 

rate 

provided 

in note 

18(f) to 

this subchapter 

Special 

No change No 

change 

The duty 

rate 

provided 

in note 

18(f) to 

this subchapter 

+35% 
13 


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Annexes, page 6 

----- Rates of Duty 

Heading/ Article description I 2 Subheading 

General Special 

9903.45.25 Modules as defined in note 18(g) to this subchapter, when 

the product or originating good of a country other than a 

country described in note 18(b) to this subchapter ............... The duty The duty 

rate pro- rate 

vided in provided 

note in note 

18(h) to 18(h) to 

this sub- this subchapter chapter 11

• 
14 


Insert offset folio 17 here HD92.007

Annexes, page 7 

ANNEX II 

MODIFICATIONS ON THE ELIGIBILITY OF CERTAIN ARTICLES THE 

PRODUCT OF ARGENTINA FOR PURPOSES OF THE GENERALIZED 

SYSTEM OF PREFERENCES 

Section A. Effective with respect to articles entered, or withdrawn from warehouse for 

consumption, on or after January I, 2018, general note 4(d) to the HTS is modified by: 

(1) adding, in numerical sequence, the following subheading numbers and country set out 

opposite such subheading numbers: 

0202.30.10 Argentina 1901.20.45 Argentina 

0711.20.18 Argentina 2007.99.48 Argentina 

1007.10.00 Argentina 2008.30.37 Argentina 

1007.90.00 Argentina 2305.00.00 Argentina 

1202.30.40 Argentina 2306.30.00 Argentina 

1202.42.40 Argentina 4107.11.80 Argentina 

1702.60.22 Argentina 

(2) deleting from the numerical sequence, the following subheading number and country 

set out opposite such subheading number: 

8523.29.50 Argentina 

(3) adding, in alphabetical order, the country set out opposite the following subheadings: 

1602.50.08 

1702.30.22 

2008.50.20 

3824.99.41 

3826.00.10 

Argentina 

Argentina 

Argentina 

Argentina 

Argentina 

Section B. Effective with respect to articles entered, or withdrawn from warehouse for 

consumption, on or after January 1, 2018, the HTS is modified as provided in this 

section. For each of the following subheadings, the Rates of Duty !-Special subcolumn 

is modified by deleting the symbol "A" and inserting the symbol "A*" in lieu thereof: 

0202.30.10 1901.20.45 

0711.20.18 2007.99.48 

1007.10.00 2008.30.37 

1007.90.00 2305.00.00 

1202.30.40 2306.30.00 

1202.42.40 4107.11.80 

1702.60.22 
15 


Insert offset folio 18 here HD92.008

REPORT SUBMITTED TO THE UNITED STATES CONGRESS 

PURSUANT TO SECTION 203(b) OF THE TRADE ACT OF 1974, AS AMENDED, 

REGARDING A SAFEGUARD MEASURE ON IMPORTS 

OF CRYSTALLINE SILICON PHOTOVOLTAIC CELLS 

(WHETHER OR NOT PARTIALLY OR FULLY ASSEMBLED INTO OTHER PRODUCTS) 

INTRODUCTION 

President Donald J. Trump has decided to impose a temporary safeguard measure on certain 

crystalline silicon photovoltaic cells (whether or not partially or fully assembled into other 

products) (CSPV cells and modules) to provide appropriate relief to U.S. producers of solar cells 

and modules who have been damaged by a recent surge in imports. He provides this relief in 

response to the unanimous determination by the independent, bipartisan United States 

International Trade Commission ("lTC") that increased imports of CSPV cells and modules are a 

substantial cause of serious injury to U.S. producers of such products. This action is consistent 

with the President's commitment to enforce U.S. trade laws to help maintain the competitiveness 

of American manufacturing, provide well-paying jobs for American workers, and sustain a 

robust economy for American communities. 

China's industrial planning has included a focus on increasing its own production ofCSPV cells 

and modules, using state incentives, subsidies, and tariffs, to dominate the global supply chain. 

China's share of global solar cell production skyrocketed from 7 percent in 2005 to 61 percent in 

2012. It now dominates the global supply chain, accounting for nearly 70 percent of total 

planned global capacity expansions announced in the first half of2017. China produces 60 

percent of the world's solar cells and 71 percent of solar modules. 

The United States has been a pioneer in technologies to generate electricity from sunlight In the 

face of the Chinese onslaught, however, U.S. manufacturers' share of the market has withered. 

U.S. manufacturers sought to arrest the decline by using U.S. trade-remedy laws, successfully 

petitioning the Department of Commerce to impose antidumping and countervailing duties on 

China. But China evaded the duties by moving production to other countries. 

As a result, imports have continued to rise, and now account for the large majority of sales in the 

U.S. market Prices have declined, to the point where most U.S. producers have ceased 

production, moved their facilities to other countries, or declared bankruptcy. By 2017, the U.S. 

solar industry had almost disappeared. Since 2012, 25 companies have closed, leaving only two 

producers of both solar cells and modules and eight firms that produce modules using imported 

cells. By the beginning of2018, one of the two remaining U.S. producers of solar cells and 

modules had declared bankruptcy and ceased production. 

A robust and fair remedy will give the remaining U.S. producers a chance to adjust to import 

competition, and may also encourage new market entrants to take advantage of the United 

States' well-educated workforce and major market for solar electricity generation. 
16 


Insert offset folio 19 here HD92.009

World Trade Organization (WTO) rules expressly allow for the type of temporary safeguard 

measures announced today, and have done so for 70 years. Many of our trading partnersincluding the EU, China, and India- have exercised their right to apply safeguard measures on a 

wide variety of products. The last time the United States imposed safeguard measures, then with 

respect to a number of steel products, the steel industry was able to restructure successfully. 

The Administration will also provide a process to request the exclusion of particular products 

from the safeguard tariffs. This relief is intended to last for four years. 

RELIEF COMPONENTS 

Solar cells and modules. Imports will be subject to an additional tariff of 30 percent, in line 

with the recommendation of a plurality of the Commissioners. 

Cells not partially or fully assembled into other products. Imports of these products will be 

subject to a tariff-rate quota (IRQ). The in-quota volume will be set at 2.5 gigawatts, which will 

be subject to no additional duty. The out-of-quota duty will be 30 percent. 

Duration and phase down. As recommended by the ITC (and requested by the petitioner in 

this case), the relief will remain in place for four years. Consistent with U.S. law and WTO 

rules, the duties will be phased down during the period the measure is in effect. The duty on 

solar cells and modules, and the out-of-quota duty on cells not partially or fully assembled into 

other products, will be reduced to 25 percent in the second year of relief, 20 percent in the third 

year, and 15 percent in the fourth year. 

Free Trade Agreement (FTA) partners. The President determined that Canada and Mexico, 

taken individually, account for a substantial share of total imports, and contribute importantly to 

serious injury. In accordance with the North American Free Trade Agreement Implementation 

Act, he did not exclude Canada or Mexico from the relief. In light of the frequency with which 

producers have moved production of cells and modules among countries, the President decided 

that it was not appropriate to exclude other FT A partners from the relief. 

Imports from developing countries. Consistent with WTO rules, the President will exclude 

from the relief imports from those developing countries that exported only small quantities of 

solar cells and modules to the United States and that are WTO Members. 

Surge protection. The President will closely monitor imports, and has reserved the discretion to 

impose safeguard measures on products from excluded developing countries if imports of those 

products surge during the duration of relief. 

Product exclusions. The President retains the discretion to consider requests for product 

exclusions after the safeguard measure enters into effect. This will help to ensure that U.S. 

consumers have access to needed products. USTR will publish procedures for making requests 

for exclusions in the Federal Register. 
(17) 

TO FACILITATE POSITIVE ADJUSTMENT TO COMPETITION FROM

IMPORTS OF LARGE RESIDENTIAL WASHERS

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA

A PROCLAMATION

1. On December 4, 2017, the United States International Trade 

Commission (ITC) transmitted to the President a report (the ‘‘ITC 

Report’’) on its investigation under section 202 of the Trade Act of 

1974, as amended (the ‘‘Trade Act’’) (19 U.S.C. 2252), with respect 

to imports of large residential washers (‘‘washers’’). The product 

subject to the ITC’s investigation and determination excluded certain washers described in the ITC Notice of Institution, 82 Fed. 

Reg. 27075 (June 13, 2017), and listed in subdivision (c)(2) of Note 

17 in the Annex to this proclamation. 

2. The ITC reached an affirmative determination under section 

202(b) of the Trade Act (19 U.S.C. 2252(b)) that the following products are being imported into the United States in such increased 

quantities as to be a substantial cause of serious injury, or threat 

of serious injury, to the domestic industries producing like or directly competitive articles: 

(a) washers; and 

(b) certain washer parts, including (i) all cabinets, or portions 

thereof, designed for use in washers; (ii) all assembled tubs designed for use in washers which incorporate, at a minimum, a tub 

and a seal; (iii) all assembled baskets designed for use in washers 

which incorporate, at a minimum, a side wrapper, a base, and a 

drive hub; and (iv) any combination of the foregoing parts or subassemblies. 

3. Pursuant to section 311(a) of the North American Free Trade 

Agreement Implementation Act (the ‘‘NAFTA Implementation Act’’) 

(19 U.S.C. 3371(a)), the ITC made findings as to whether imports 

from Canada and Mexico, considered individually, account for a 

substantial share of total imports and contribute importantly to the 

serious injury, or threat thereof, caused by imports. The ITC made 

negative findings of contribution to injury with respect to imports 

of washers from Canada and Mexico. 

4. The ITC transmitted to the President its recommendations 

made pursuant to section 202(e) of the Trade Act (19 U.S.C. 

2252(e)) with respect to the actions that, in its view, would address 

the serious injury, or threat of serious injury, to the domestic industry and be most effective in facilitating the efforts of the industry to make a positive adjustment to import competition. 

5. Pursuant to section 203 of the Trade Act (19 U.S.C. 2253), and 

after taking into account the considerations specified in section 

203(a)(2) of the Trade Act (19 U.S.C. 2253(a)(2)) and the ITC ReVerDate Sep 11 2014 05:23 Jan 26, 2018 Jkt 079011 PO 00000 Frm 00019 Fmt 6601 Sfmt 6601 E:\HR\OC\HD092.XXX HD092
18 

port, I have determined to implement action of a type described in 

section 203(a)(3) of the Trade Act (19 U.S.C. 2252(a)(3)) (a ‘‘safeguard measure’’), with regard to the following washers and covered 

washer parts: 

(a) washers provided for in subheadings 8450.11.00 and 

8450.20.00 in the Annex to this proclamation; 

(b) all cabinets, or portions thereof, designed for use in washers, 

and all assembled baskets designed for use in washers that incorporate, at a minimum, a side wrapper, a base, and a drive hub, 

provided for in subheading 8450.90.60 in the Annex to this proclamation; 

(c) all assembled tubs designed for use in washers that incorporate, at a minimum, a tub and a seal, provided for in subheading 

8450.90.20 in the Annex to this proclamation; 

(d) any combination of the foregoing parts or subassemblies, provided for in subheadings 8450.90.20 or 8450.90.60 in the Annex to 

this proclamation. 

6. Pursuant to section 312(a) of the NAFTA Implementation Act 

(19 U.S.C. 3372(a)), I have determined after considering the ITC 

Report that (a) imports from Canada of washers and covered washer parts, considered individually, do not account for a substantial 

share of total imports and do not contribute importantly to the serious injury or threat of serious injury found by the ITC; and (b) imports from Mexico of washers and covered washer parts, considered 

individually, account for a substantial share of total imports and 

have contributed importantly to the serious injury or threat of serious injury found by the ITC. Accordingly, pursuant to section 

312(b) of the NAFTA Implementation Act (19 U.S.C. 3372(b)), I 

have excluded washers and covered washer parts that are the product of Canada from the actions I am taking under section 203 of 

the Trade Act. 

7. Pursuant to section 203 of the Trade Act, the action I have determined to take shall be a safeguard measure in the form of: 

(a) a tariff-rate quota on imports of washers described in subparagraph (a) of paragraph 5 of this proclamation, imposed for a 

period of 3 years plus 1 day, with unchanging within-quota quantities, annual reductions in the rates of duties entered within those 

quantities in the second and third years, and annual reductions in 

the rates of duty applicable to goods entered in excess of those 

quantities in the second and third years; and 

(b) a tariff-rate quota on imports of covered washer parts described in subparagraphs (b), (c), and (d) of paragraph 5 of this 

proclamation, imposed for a period of 3 years plus 1 day, with increasing within-quota quantities and annual reductions in the 

rates of duty applicable to goods entered in excess of those quantities in the second and third years. 

8. This safeguard measure shall apply to imports from all countries, except for products of Canada and except as provided in paragraph 9 of this proclamation. 

9. This safeguard measure shall not apply to imports of any product described in paragraph 5 of this proclamation of a developing 

country that is a Member of the World Trade Organization (WTO), 

as listed in subdivision (b)(2) of Note 17 in the Annex to this proclamation, as long as such a country’s share of total imports of the 

19 

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. If I determine that a surge in imports of a product described in paragraph 5 of this proclamation of a developing country 

that is a WTO Member results in imports of that product from that 

developing country exceeding either of the thresholds described in 

this paragraph, the safeguard measure shall be modified to apply 

to such product from such country. 

10. The in-quota quantity in each year under the tariff-rate 

quotas described in paragraph 7 of this proclamation shall be allocated among all countries except those countries the products of 

which are excluded from such tariff-rate quota pursuant to paragraphs 8 and 9 of this proclamation. 

11. Pursuant to section 203(a)(1)(A) of the Trade Act (19 U.S.C. 

2253(a)(1)(A)), I have determined that this safeguard measure will 

facilitate efforts by the domestic industry to make a positive adjustment to import competition and provide greater economic and social benefits than costs. If I determine that further action is appropriate and feasible to facilitate efforts by the domestic industry to 

make a positive adjustment to import competition and to provide 

greater economic and social benefits than costs, or if I determine 

that the conditions under section 204(b)(1) of the Trade Act (19 

U.S.C. 2254(b)(1)) are met, I shall reduce, modify, or terminate the 

action established in this proclamation accordingly. In addition, if 

I determine within 30 days of the date of this proclamation, as a 

result of consultations between the United States and other WTO 

Members pursuant to Article 12.3 of the WTO Agreement on Safeguards, that it is necessary to reduce, modify, or terminate the 

safeguard measure, I shall proclaim the corresponding reduction, 

modification, or termination of the safeguard measure within 40 

days. 

12. If I determine that a surge in imports of covered washer 

parts described in subparagraphs (b), (c), and (d) of paragraph 5 of 

this proclamation undermines the effectiveness of the safeguard 

measure, the safeguard measure shall be modified by imposing a 

quantitative restriction in lieu of the tariff-rate quota. 

13. Section 604 of the Trade Act (19 U.S.C. 2483), authorizes the 

President to embody in the Harmonized Tariff Schedule of the 

United States (HTS) the substance of the relevant provisions of 

that Act, and of other acts affecting import treatment, and actions 

thereunder, including the removal, modification, continuance, or 

imposition of any rate of duty or other import restriction. 

Now, therefore, I, DONALD J. TRUMP, President of the United 

States of America, acting under the authority vested in me by the 

Constitution and the laws of the United States, including but not 

limited to sections 203 and 604 of the Trade Act, section 312 of the 

NAFTA Implementation Act (19 U.S.C. 3372), and section 301 of 

title 3, United States Code, do proclaim that: 

(1) In order to establish increases in duty and a tariff-rate quota 

on imports of the washers and covered washer parts described in 

paragraph 5 of this proclamation (other than excluded products), 

subchapter III of chapter 99 of the HTS is modified as provided in 

20 

the Annex to this proclamation. Any merchandise subject to the 

safeguard measure that is admitted into U.S. foreign trade zones 

on or after 12:01 a.m. eastern standard time, on February 7, 2018, 

must be admitted as ‘‘privileged foreign status’’ as defined in 19 

CFR 146.41, and will be subject upon entry for consumption to any 

quantitative restrictions or tariffs related to the classification 

under the applicable HTS subheading. 

(2) Imports of washers and covered washer parts that are the 

product of Canada shall be excluded from the safeguard measure 

established in this proclamation, and such imports shall not be 

counted toward the tariff-rate quota limits that trigger the overquota rates of duty. 

(3) Except as provided in clause (4) below, imports of washers 

and covered washer parts that are the product of WTO Member developing countries, as listed in subdivision (b)(2) of Note 17 in the 

Annex to this proclamation, shall be excluded from the safeguard 

measure established in this proclamation, and such imports shall 

not be counted toward the tariff-rate quota limits that trigger the 

over-quota rates of duties. 

(4) If, after the safeguard measure established in this proclamation takes effect, the United States Trade Representative (USTR) 

determines that: 

(a) the share of total imports of the product of a country listed 

in subdivision (b)(2) of Note 17 in the Annex to this proclamation 

exceeds 3 percent, 

(b) imports of the product from all listed countries with less than 

3 percent import share collectively account for more than 9 percent 

of total imports of the product, or 

(c) a country listed in subdivision (b)(2) of Note 17 in the Annex 

to this proclamation is no longer a developing country for purposes 

of this proclamation; the USTR is authorized, upon publication of 

a notice in the Federal Register, to revise subdivision (b)(2) of Note 

17 in the Annex to this proclamation to remove the relevant country from the list or suspend operation of that subdivision, as appropriate. 

(5) If, after the safeguard measure established in this proclamation takes effect, the USTR determines that the out-of-quota quantity in units of covered washer parts entered under the tariff lines 

in chapter 99 enumerated in the Annex to this proclamation has 

increased by an unjustifiable amount and undermines the effectiveness of the safeguard measure, the USTR is authorized, upon publishing a notice of such determination in the Federal Register, to 

modify the HTS provisions created by the Annex to this proclamation so as to modify the tariff-rate quota on covered washer parts 

with a quantitative restriction on covered washer parts at a level 

that the USTR considers appropriate. 

(6) Any provision of previous proclamations and Executive Orders that is inconsistent with the actions taken in this proclamation is superseded to the extent of such inconsistency. 

(7) The modifications to the HTS made in this proclamation, including the Annex hereto, shall be effective with respect to goods 

entered, or withdrawn from warehouse for consumption, on or after 

12:01 a.m. eastern standard time on February 7, 2018, and shall 

continue in effect as provided in the Annex to this proclamation, 

21 

unless such actions are earlier expressly reduced, modified, or terminated. One year from the termination of the safeguard measure 

established in this proclamation, the U.S. note and tariff provisions 

established in the Annex to this proclamation shall be deleted from 

the HTS. 

IN WITNESS WHEREOF, I have hereunto set my hand this 

twenty-third day of January, in the year of our Lord two thousand 

eighteen, and of the Independence of the United States of America 

the two hundred and forty-second. 

DONALD J. TRUMP. 

22 


Insert graphic folio 28 HD92.010

ANNEX 

MODIFICATIONS TO CHAPTER 99 OF 

THE HARMONIZED TARIFF SCHEDULE OF THE UNITED STATES 

Effective with respect to goods entered, or withdrawn from warehouse for consumption, 

on or after 12:01 a.m. eastern standard time on February 7, 2018, and through 11:59 p.m. eastern 

standard time on February 7, 2021, subchapter III of chapter 99 of the Harmonized Tariff 

Schedule of the United States (HTS) is hereby modified by inserting in numerical sequence the 

following new U.S. note and provisions: 

"17. (a) Subheadings 9903.45.01 through 9903.45.06 and any superior texts thereto establish 

temporary modifications applicable to entries of goods described herein and 

classified in the enumerated provisions of chapter 84 of the tariff schedule. 

Whenever any such subheading specifies that the annual aggregate quantity of such 

goods shall not exceed the quantity established under the terms of this note, when 

such goods are not the product of a country enumerated in subdivision (b) of this 

note, any entry of such goods that is in excess of the quantity specified for such 

provision shall be entered under the over-quota subheading set forth herein for such 

goods. All such goods shall be subject to duty as provided herein, and such duties 

shall be cumulative and imposed in addition to the rate of duty established for any 

such goods in chapter 84 of the tariff schedule. 

(b) For the purposes of this note and the application of subheadings 9903.45.01 through 

9903.45.06, inclusive, the following countries shall not be subject to the rates of duty 

and tariff-rate quotas provided for herein: 

(1) Canada; and 

(2) the following developing countries that are members of the World Trade 

Organization: 

Afghanistan, Albania, Algeria, Angola, Armenia, Azerbaijan, Belize, Benin, 

Bhutan, Bolivia, Bosnia and Herzegovina, Botswana, Brazil, Burkina Faso, 

Burma, Burundi, Cambodia, Cameroon, Cape Verde, Central African 

Republic, Chad, Comoros, Congo (Brazzaville), Congo (Kinshasa), Cote 

d'Ivoire, Djibouti, Dominica, Ecuador, Egypt, Eritrea, Ethiopia, Fiji, Gabon, 

The Gambia, Georgia, Ghana, Grenada, Guinea, Guinea-Bissau, Guyana, 

Haiti, India, Indonesia, Iraq, Jamaica, Jordan, Kazakhstan, Kenya, Kiribati, 

Kosovo, Kyrgyzstan, Lebanon, Lesotho, Liberia, Macedonia, Madagascar, 

Malawi, Maldives, Mali, Mauritania, Mauritius, Moldova, Mongolia, 

Montenegro, Mozambique, Namibia, Nepal, Niger, Nigeria, Pakistan, Papua 

New Guinea, Paraguay, Philippines, Rwanda, Saint Lucia, Saint Vincent and 

the Grenadines, Samoa, Sao Tome and Principe, Senegal, Serbia, Sierra Leone, 

Solomon Island, Somalia, South Africa, South Sudan, Sri Lanka, Suriname, 

Swaziland, Tanzania, Timor-Leste, Togo, Tonga, Tunisia, Turkey, Tuvalu, 

Uganda, Ukraine, Uzbekistan, Vanuatu, Yemen (Republic of), Zambia and 

Zimbabwe. 
23 


Insert graphic folio 29 HD92.011

Annex, page 2 

(c) (I) For the purposes of subheadings 9903.45.01 and 9903.45.02 of this subchapter, 

"household-type (residential) washing machines, including machines which 

both wash and dry, whether or not with a dry linen capacity exceeding I 0 kg" 

(such goods provided for in subheadings 8450.11.00 and 8450.20.00 and 

reported under statistical reporting numbers 8450.11.0040, 8450.11.0080, 

8450.20.0040 and 8450.20.0080, respectively, on the effective date of this 

note) shall include the following goods: automatic clothes washing machines, 

regardless of the orientation of the rotational axis, each with a cabinet width 

(measured from its widest point) of at least 62.23 em and no more than 81.28 

em, except as provided in this note. 

(2) Subheadings 9903.45.01 and 9903.45.02 shall not apply to the washing 

machines specified below: 

(A) all stacked washer-dryers and all commercial washers: 

(i) The term "stacked washer-dryers" denotes distinct washing and 

drying machines that are built on a unitary frame and share a 

common console that controls both the washer and the dryer. 

(ii) The term "commercial washer" denotes an automatic clothes 

washing machine designed for the "pay per use" segment meeting 

either of the following two definitions: 

(aa) (I) it contains payment system electronics; 

(II) it is configured with an externally mounted steel frame 

at least 15.24 em high that is designed to house a coin/token 

operated payment system (whether or not the actual 

coin/token operated payment system is installed at the time 

of importation); 

(III) it contains a push button user interface with a 

maximum of six manually selectable wash cycle settings, 

with no ability ofthe end user to otherwise modify water 

temperature, water level or spin speed for a selected wash 

cycle setting; and 

(IV) the console containing the user interface is made of 

steel and is assembled with security fasteners; or 

(bb) (I) it contains payment system electronics; 

(II) the payment system electronics are enabled (whether or 

not the payment acceptance device has been installed at the 

time of importation) such that, in normal operation, the unit 

cannot begin a wash cycle without first receiving a signal 
24 


Insert graphic folio 30 HD92.012

Annex, page 3 

from a bona fide payment acceptance device such as an 

electronic credit card reader; 

(Ill) it contains a push button user interface with a 

maximum of six manually selectable wash cycle settings, 

with no ability of the end user to otherwise modify water 

temperature, water level or spin speed for a selected wash 

cycle setting; and 

(IV) the console containing the user interface is made of 

steel and is assembled with security fasteners. 

(B) automatic clothes washing machines that meet all of the following 

conditions: 

(i) they have a vertical rotational axis, 

(ii) they are top loading; and 

(iii) they have a drive train consisting, inter alia, of (aa) a permanent 

split capacitor motor, (bb) a belt drive and ( cc) a flat wrap spring 

clutch. 

(C) automatic clothes washing machines that meet all of the following 

conditions: 

(i) they have a horizontal rotational axis; 

(ii) they are front loading; and 

(iii) they have a drive train consisting, inter alia, of (aa) a controlled 

induction motor and (bb) a belt drive. 

(D) automatic clothes washing machines that meet all of the following 

conditions: 

(i) they have a horizontal rotational axis; 

(ii) they are front loading; and 

(iii) they have cabinet width (measured from its widest point) of more 

than 72.39 em. 

(d) For purposes of subheading 9903.45.01 of this subchapter, the duty rate in the Rates 

of Duty !-General subcolumn (and in the Rates of Duty 2 column, as provided 

therein) for goods entered under such subheading, and not the product of a country 

enumerated in subdivision (b) of this note, shall be as follows, with the duty rates set 
25 


Insert graphic folio 31 HD92.013

Annex, page 4 

forth herein applied in addition to those applicable under subheading 8450.11.00 or 

8450.20.00: 

If entered during the period from 

February 7, 2018 through February 6, 2019 ..................................... 20% 

If entered during the period from 

February 7, 2019 through February 6, 2020 ..................................... 18% 

If entered during the period from 

February 7, 2020 through February 7, 2021 .................................... 16%. 

(e) For purposes of subheading 9903.45.02 of this subchapter, the duty rate in the Rates 

of Duty !-General subcolumn (and in the Rates of Duty 2 column, as provided 

therein) for goods entered under such subheading, and not the product of a country 

enumerated in subdivision (b) ofthis note, shall be as follows, with the duty rates set 

forth herein applied in addition to those applicable under subheading 8450.11.00 or 

8450.20.00: 

If entered during the period from 

February 7, 2018 through February 6, 2019 ..................................... 50% 

If entered during the period from 

February 7, 2019 through February 6, 2020 .................................... .45% 

If entered during the period from 

February 7, 2020 through February 7, 2021 .................................... 40%. 

(f) For purposes of subheadings 9903.45.05 and 9903.45.06 of this subchapter, the term 

"parts of household-type (residential) washing machines" shall include the following 

goods provided for in subheading 8450.90.20 or 8450.90.60 ofthc tariff schedule: 

(1) all cabinets, or portions thereof, provided for in subheading 8450.90.60 and 

designed for use in the washing machines defined in subdivision (c) of this note, the 

foregoing which incorporate, at a minimum, (A) a side wrapper, (B) a base and (C) a 

drive hub; 

(2) all assembled tubs provided for in subheading 8450.90.20 and designed for use 

in such washing machines defined in such subdivision (c) which incorporate, at a 

minimum: (A) a tub and (B) a seal; and 

(3) any combination of the foregoing parts or subassemblies, provided for in 

subheading 8450.90.20 or 8540.90.60. 

(g) For the purposes of subheading 9903.45.05 of this subchapter, the annual aggregate 

quantity of all parts of household-type (residential) washing machines, as defined in 

subdivision (f) above, that is eligible to enter under such subheading in any of the 

periods enumerated below shall be as follows: 
26 


Insert graphic folio 32 HD92.014

Annex, page 5 

If entered during the period from 

February 7, 2018 through February 6, 2019 ......................... 50,000 units 

If entered during the period from 

February 7, 2019 through February 6, 2020 ......................... 70,000 units 

If entered during the period from 

February 7, 2020 through February 7, 2021 ........................ 90,000 units. 

(h) For purposes of subheading 9903.45.06 of this subchapter, the duty rate in the Rates 

of Duty !-General subcolumn (and in the Rates of Duty 2 column, as provided 

therein) for goods entered in any of the periods enumerated below shall be as 

follows, with the duty rates set forth herein applied in addition to those applicable 

under subheading 8450.90.20 or 8450.90.60, as appropriate: 

If entered during the period from 

February 7, 2018 through February 6, 2019 ..................................... 50% 

If entered during the period from 

February 7, 2019 through February 6, 2020 ..................................... 45% 

If entered during the period from 

February 7, 2020 through February 7, 2021 .................................... 40%. 
27 


Insert graphic folio 33 HD92.015

Annex, page 6 

Rates of Duty 

Heading/ Article description 1 2 

Subheading General Special 

Household-type (residential) washing machines, including 

machines which both wash and dry, whether or not with a 

dry linen capacity exceeding 10 kg (as defined in note 17(c) 

to this subchapter and provided for in subheading 

8450.11.00 or 8450.20.00), when entered from a country 

other than a country enumerated in note 17(b) to this 

subchapter: 

9903.45.01 If entered in an annual aggregate quantity not 

exceeding 1,200,000 units, under the terms of such 

note ....................... ............................................................ The duty The duty 

rate rate proprovided in vided in 

note 17(d) note 17(d) 

to this to this 

subchapter subchapter 

+35% 

9903.45.02 Other ................................................................................. The duty The duty 

rate pro- rate provided in vided in 

note 17(e) note 17(e) 

to this sub- to this subchapter chapter 

+35% 

Parts of household-type (residential) washing machines 

(such machines described in subheading 9903.45.01 and 

9903.45.02 and defined in note 17(c) to this subchapter), 

such parts provided for in subheading 8450.90.20 or 

8450.90.60 and enumerated in note 17(f) to this 

subchapter, when entered from a country other than a 

country specified in note 17(b) to this subchapter: 

9903.45.05 If entered in an annual aggregate quantity not 

exceeding the quantity specified in note 17(g) to this 

subchapter, under the terms of such note ............•..•... No change No change 

9903.45.06 Other. ................................................................................ The duty The duty 

rate set rate set 

forth in note forth in note 

17(h) to this 17(h) to this 

subchapter subchapter 

+40%". 
28 


Insert graphic folio 34 HD92.016

REPORT SUBMITTED TO THE UNITED STATES CONGRESS 

PURSliANT TO SECTION 203(b) OF THE TRADE ACT OF 1974, AS AMENDED, 

REGARDING A SAFEGUARD MEASURE ON IMPORTS OF LARGE RESIDENTIAL WASHERS 

INTRODUCTION 

President Donald J. Trump has decided to impose a temporary safeguard measure on large 

residential washers (washers) to provide appropriate relief to U.S. producers of washers that have 

been injured by a recent surge in imports. He provides this relief in response to the unanimous 

determination by the independent, bipartisan United States International Trade Commission 

("lTC") that increased imports of washers are a substantial cause of serious injury to U.S. washer 

producers. This action is consistent with the President's commitment to enforce U.S. trade laws 

to help maintain the competitiveness of American manufacturing, provide well-payingjobs for 

American workers, and sustain a robust economy for American communities. 

From 2012 to 2016, imports of washers into the United States increased steadily, causing a 

substantial loss in market share to domestic producers. Domestic producers' financial 

performance declined precipitously. During this time, the Department of Commerce issued 

antidumping and countervailing duties on those imported washers benefiting from unfair-trade 

practices. In both cases, Korean producers LG and Samsung moved production to other 

countries, undermining relief intended for U.S. producers. 

Sourcing of imports has switched among five countries, and in each instance, it was one of two 

producers Samsung or LG - that directed the movement. Each time, the companies changed 

locations for the purpose of increasing the penetration of their imported washers into the U.S. 

market. Today, both companies have decided to locate at least some of their production in the 

United States. A robust and fair remedy will protect U.S. producers and encourage LG and 

Samsung to follow through on these efforts, and locate meaningful parts of their production line 

in the United States, rather than relying on imported parts and subassemblies. 

World Trade Organization (WTO) rules expressly allow for the type of temporary safeguard 

measures announced today, and have done so for 70 years. Many of our trading partners -

including the EU, China, and India have exercised their right to apply safeguard measures on a 

wide variety of products. The last time the United States imposed safeguard measures, then with 

respect to a number of steel products, the steel industry was able to restructure successfully. 

The Administration will monitor the state of the industry, including the efforts by Samsung and 

LG to bring their facilities to full production, to ensure that the safeguard measure is having its 

intended effect. This relief is intended to last for three years and one day. 

RELIEF COMPONENTS 

Finished washers. Imports will be subject to a tariff-rate quota (TRQ). The in-quota volume 

will be set at 1.2 million units, which will be subject to a 20 percent additional duty. The out-of-
29 


Insert graphic folio 35 HD92.017

quota duty will be 50 percent. The quota level and out-of-quota tariff rate are set at levels 

recommended by the lTC. The in-quota duty is at the level recommended by a plurality of the 

Commissioners. This duty will provide an impetus for importers to increase their prices, thereby 

relieving the downward pressure on prices that has led to a decline in domestic washer 

producers' financial performance. This action will facilitate the efforts of U.S. producers to 

adjust to import competition without placing an undue burden on U.S. consumers. 

Covered parts of washers. Imports of covered parts (cabinets, tubs, baskets, and combinations 

of those parts) will be subject to a TRQ. The in-quota volume will be set at 50,000 units, with no 

increase in duties for imports below the in-quota level. The out-of-quota additional duty will be 

50 percent. 

Duration and phase down. As recommended by the ITC (and requested by the petitioner in 

this case), the relief will remain in place for three years. Consistent with U.S. law and WTO 

rules, the duties will be phased down during the period the measure is in effect. The in-quota 

duty on finished washers will be reduced to 18 percent in the second year of relief, and 16 

percent in the third year. The out-of-quota duty on both finished washers and parts will be 

reduced to 45 percent in the second year of relief, and 40 percent in the third year. 

Free Trade Agreement (FTA) partners. The President determined that Canada did not 

account for a substantial share of total imports, and did not contribute importantly to serious 

injury. In accordance with the North American Free Trade Agreement Implementation Act, he 

excluded Canada from the relief. The President determined that Mexico accounted for a 

substantial share of total imports, and contributed importantly to serious injury. In accordance 

with the North American Free Trade Agreement Implementation Act, he did not exclude Mexico 

from the relief. In light of the frequency with which Samsung and LG switched import sources, 

the President decided that it was not appropriate to exclude other FT A partners from the relief. 

Imports from developing countries. Consistent with WTO rules, the President will exclude 

from this relief imports from those developing countries that exported only small numbers of 

washers to the United States and that are WTO Members. 

Surge protection. The President will closely monitor imports, and has reserved the discretion to 

impose safeguard measures on products from excluded developing countries if imports of those 

products surge during the duration of relief. The President has also reserved the discretion to 

replace the TRQ on parts with a quantitative measure if imports of parts increase to a level that 

undermines the effectiveness of the relief. 

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