Bifacial Solar Panels Subject to Section 201 Duties

Trade Update • June 26, 2024

n June 21, 2024, President Biden issued Proclamation 10779, ending the exemption from Section 201 duties on bifacial solar panels imported on or after June 26 at 12:01 a.m. EDT.

Products Affected

With the exemption removed, bifacial solar cells/panels will now be subject to Section 201 duties. The affected solar cells and modules are classified under the following Harmonized Tariff Schedule (HTS) codes:

• HTS 8541.42.0010: Crystalline Silicon Photovoltaic (CSPV) Cells modules
• Other CSPV products under HTS: 8501.71.0000, 8501.72.1000, 8501.80.1000, 8507.20.8010, 8507.20.8031, 8507.20.8041, 8507.20.8061, and 8507.20.8091

Exemption for Pre-Existing Contracts

Importers who signed contracts by May 16, 2024, may import bifacial solar panels without Section 201 duties from June 26, 2024, to September 23, 2024, provided the contract terms have not changed. These importers must complete a certification statement (Importer Certification – see below) and provide a copy of the contract if requested by Customs and Border Protection (CBP). Customs brokers must enter these goods using HTS 9903.45.29 and upload the importer-signed certification statement to CBP’s Document Imaging System (DIS). After CBP’s July 2, 2024, deployment, customs brokers will need to transmit a certification statement indicator in their entry summary once software companies have updated their programs.

CBP ACE Validations

CBP has implemented Automated Commercial Environment (ACE) validations for goods entered under HTS 9903.45.29 to ensure compliance with the new requirements.

Importer Certification

I hereby certify that:

(A) My name is [IMPORTER OF RECORD OFFICIAL’S NAME] and I am an official of [NAME OF IMPORTER OF RECORD], located at [ADDRESS OF IMPORTER OF RECORD].

(B) I hereby certify that the bifacial panels that were entered into the Customs territory of the United States under the entry summary number(s) identified below are fulfilling in whole or in part a contract for sale, purchase, or delivery in the United States of such panels that was in effect and dated as executed prior to May 17, 2024, that specifies that the bifacial panels are to be imported to or delivered within the United States within 90 days after the effective date of the Proclamation of June 21, 2024 , and that has not been modified on or later than May 17, 2024, with regard to delivery date.

(C) This certification applies to the following entries (repeat this block as many times as necessary):

Entry Number:

Applicable Line Item Number of the Entry (Declared Under 9903.45.29, HTSUS):

(D) I understand that [NAME OF IMPORTER OF RECORD] is required to provide U.S. Customs and Border Protection (CBP) with this certification at the time the entry summary is filed and that any additional supporting documentation must be provided upon request by CBP.

Signature

[NAME OF COMPANY OFFICIAL]
[TITLE OF COMPANY OFFICIAL]

Date

For questions or concerns about if your products are affected please contact us.