Presidential Documents

35067 

Federal Register 

Vol. 87, No. 111 

Thursday, June 9, 2022 

Title 3— 

The President 

Proclamation 10414 of June 6, 2022 

Declaration of Emergency and Authorization for Temporary 

Extensions of Time and Duty-Free Importation of Solar Cells 

and Modules From Southeast Asia 

By the President of the United States of America 

A Proclamation 

Electricity is an essential part of modern life that powers homes, business, 

and industry. It is critical to the function of major sectors of the economy, 

including hospitals, schools, public transportation systems, and the defense 

industrial base. Even isolated interruptions in electric service can have catastrophic health and economic consequences. A robust and reliable electric 

power system is therefore not only a basic human necessity, but is also 

critical to national security and national defense. 

Multiple factors are threatening the ability of the United States to provide 

sufficient electricity generation to serve expected customer demand. These 

factors include disruptions to energy markets caused by Russia’s invasion 

of Ukraine and extreme weather events exacerbated by climate change. For 

example, in parts of the country, drought conditions coupled with heatwaves 

are simultaneously causing projected electricity supply shortfalls and record 

electricity demand. As a result, the Federal Energy Regulatory Commission 

and the North American Electric Reliability Corporation have both warned 

of near-term electricity reliability concerns in their recent summer reliability 

assessments. 

In order to ensure electric resource adequacy, utilities and grid operators 

must engage in advance planning to build new capacity now to serve expected 

customer demand. Solar energy is among the fastest growing sources of 

new electric generation in the United States. Utilities and grid operators 

are increasingly relying on new solar installations to ensure that there are 

sufficient resources on the grid to maintain reliable service. Additions of 

solar capacity and batteries were expected to account for over half of new 

electric sector capacity in 2022 and 2023. The unavailability of solar cells 

and modules jeopardizes those planned additions, which in turn threatens 

the availability of sufficient electricity generation capacity to serve expected 

customer demand. Electricity produced through solar energy is also critical 

to reducing our dependence on electricity produced by the burning of fossil 

fuels, which drives climate change. The Department of Defense has recognized climate change as a threat to our national security. 

In recent years, the vast majority of solar modules installed in the United 

States were imported, with those from Southeast Asia making up approximately three-quarters of imported modules in 2020. Recently, however, the 

United States has been unable to import solar modules in sufficient quantities 

to ensure solar capacity additions necessary to achieve our climate and 

clean energy goals, ensure electricity grid resource adequacy, and help combat 

rising energy prices. This acute shortage of solar modules and module components has abruptly put at risk near-term solar capacity additions that could 

otherwise have the potential to help ensure the sufficiency of electricity 

generation to meet customer demand. Roughly half of the domestic deployVerDate Sep<11>2014 15:56 Jun 08, 2022 Jkt 256001 PO 00000 Frm 00001 Fmt 4705 Sfmt 4790 E:\FR\FM\09JND0.SGM 09JND0

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35068 Federal Register / Vol. 87, No. 111 / Thursday, June 9, 2022 / Presidential Documents 

ment of solar modules that had been anticipated over the next year is 

currently in jeopardy as a result of insufficient supply. Across the country, 

solar projects are being postponed or canceled. 

The Federal Government is working with the private sector to promote 

the expansion of domestic solar manufacturing capacity, including our capacity to manufacture modules and other inputs in the solar supply chain, 

but building that capacity will take time. Immediate action is needed to 

ensure in the interim that the United States has access to a sufficient 

supply of solar modules to assist in meeting our electricity generation needs. 

NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States, 

by the authority vested in me by the Constitution and the laws of the 

United States of America, including by section 318(a) of the Tariff Act 

of 1930, as amended, 19 U.S.C. 1318(a), do hereby declare an emergency 

to exist with respect to the threats to the availability of sufficient electricity 

generation capacity to meet expected customer demand. Pursuant to this 

declaration, I hereby direct as follows: 

Section 1. Emergency Authority. (a) To provide additional authority to the 

Secretary of Commerce (Secretary) to respond to the emergency herein declared, the authority under section 1318(a) of title 19, United States Code, 

is invoked and made available, according to its terms, to the Secretary. 

(b) To provide relief from the emergency, the Secretary shall consider 

taking appropriate action under section 1318(a) of title 19, United States 

Code, to permit, until 24 months after the date of this proclamation or 

until the emergency declared herein has terminated, whichever occurs first, 

under such regulations and under such conditions as the Secretary may 

prescribe, the importation, free of the collection of duties and estimated 

duties, if applicable, under sections 1671, 1673, 1675, and 1677j of title 

19, United States Code, of certain solar cells and modules, exported from 

the Kingdom of Cambodia, Malaysia, the Kingdom of Thailand, and the 

Socialist Republic of Vietnam, and that are not already subject to an antidumping or countervailing duty order as of the date of this proclamation, 

and to temporarily extend during the course of the emergency the time 

therein prescribed for the performance of any act related to such imports. 

(c) The Secretary shall consult with the Secretary of the Treasury and 

the Secretary of Homeland Security, or their designees, before exercising, 

as invoked and made available under this proclamation, any of the authorities 

set forth in section 1318(a) of title 19, United States Code. 

Sec. 2. General Provisions. (a) Nothing in this proclamation shall be construed 

to impair or otherwise affect: 

(i) the authority granted by law to an executive department or agency, 

or the head thereof; or 

(ii) the functions of the Director of the Office of Management and Budget 

relating to budgetary, administrative, or legislative proposals. 

(b) This proclamation shall be implemented consistent with applicable 

law and subject to the availability of appropriations. 

(c) This proclamation is not intended to, and does not, create any right 

or benefit, substantive or procedural, enforceable at law or in equity by 

any party against the United States, its departments, agencies, or entities, 

its officers, employees, or agents, or any other person. 


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Federal Register / Vol. 87, No. 111 / Thursday, June 9, 2022 / Presidential Documents 35069 

IN WITNESS WHEREOF, I have hereunto set my hand this sixth day of 

June, in the year of our Lord two thousand twenty-two, and of the Independence of the United States of America the two hundred and forty-sixth. 

[FR Doc. 2022–12578 

Filed 6–8–22; 8:45 am] 

Billing code 3395–F2–P 


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