Expiration of Presidential Proclamation 10414 on Solar Cells from Cambodia, Malaysia, Thailand, and Vietnam
The proclamation which allowed duty-free access to solar cells imported from Cambodia, Malaysia, Thailand, and Vietnam expired on June 6, 2024 (Presidential Proclamation 10414). Solar cells which entered the United States from these Southeast Asian countries after November 15, 2022, and before June 6, 2024, must be utilized by December 6, 2024, or will be subject to antidumping and countervailing duties (AD/CVD).
- For more information on Commerce’s final scope and final affirmative circumvention inquiry determination relating to the AD/CVD Orders on solar cells from China, including the required certifications, please see Federal Register 88 FR 57419.
- For more information on compliance with Commerce’s certification regime or whether duties are applied to your imports, please contact U.S. Customs and Border Protection at your local port of entry. Ports of entry can be found online.
Duties for entries found to be covered by Commerce’s circumvention finding will be applied beginning June 6, 2024. For information about whether duties apply to your imports of solar cells from Cambodia, Malaysia, Thailand, and Vietnam, please contact U.S. Customs and Border Protection.
Please refer to Commerce’s Final Affirmative Determinations of Circumvention with Respect to Cambodia, Malaysia, Thailand, and Vietnam relating to the Antidumping and Countervailing Duty Orders on Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled into Modules, From the People’s Republic of China (88 FR 57419) for the applicable certification.
If merchandise is subject to the order, it remains subject regardless of shipment through an additional country. For questions relating to whether AD/CVDs are applied to certain imports, we encourage you to reach out to U.S. Customs and Border Protection. Alternatively, if you have a question of whether a product fits within the scope of an AD/CVD Order, you may request a scope ruling from the Department of Commerce.
Solar cells and modules completed in Cambodia/Malaysia/Thailand/Vietnam that have entered the United States between November 15, 2022, and June 6, 2024, will be subject to AD/CVDs if the solar cells and modules have not been used or installed by December 6, 2024, and were not otherwise certified as merchandise not subject to AD/CVDs upon entry.
Merchandise which remains in inventory or a warehouse in the United States after the utilization expiration date; is resold to another party; is subsequently exported; or is destroyed after importation is not considered utilized.
Utilization and utilized means the Southeast Asian-Completed Cells and Modules will be used or installed in the United States. “Used” means the solar cells or solar modules are in operation or functioning in the United States by the Utilization Expiration Date.
“Used” means the solar cells or solar modules are in operation or functioning in the United States by the Utilization Expiration Date.
- For solar cells, specifically, this means that the solar cells are integrated into a solar module, and the solar module is attached (even temporarily) to a project, wherein it is actively being used for the collection and provision of energy.
- The mere sale of solar cells or integration of solar cells into a module, alone, does not meet the “used’ requirement.
- For a solar module, specifically, this means that the solar module is currently attached (even temporarily) to a project, wherein it is actively being used for the collection and provision of energy.
“Installed” means the solar cells or solar modules have been affixed to the structure or in the system. Selling the merchandise to another party or exporting it does not release the importer from meeting this requirement.
- For solar cells, specifically, this means that the solar cells are integrated into a solar module, and the solar module has been permanently affixed to the ultimate project. There is no requirement that it is actually being used for energy collection or provision under this requirement.
- For solar modules, specifically, this means that the solar module has been permanently affixed to the ultimate project. There is no requirement that it is actually being used for energy collection or provision under this requirement.
The importer is responsible for ensuring that solar cells imported between November 15, 2022, and before June 6, 2024, have been utilized (i.e., used or installed) by December 6, 2024, and if they are not, will have to pay the AD/CVDs. Importers should be prepared, upon request, to document to U.S. Customs and Border Protection whether “applicable entries” entering during the specified period were used or installed in the United States by the expiration date. For more information, see Commerce’s “Reminder on Utilization Requirements for Solar Cells and Modules Imported from Cambodia, Malaysia, Thailand, and Vietnam.”
This is separate from Commerce’s recently initiated AD/CVD investigations of crystalline silicon photovoltaic cells, whether or not assembled into modules, from Cambodia, Malaysia, Thailand, and Vietnam.
Please contact the Office of the United States Trade Representative (USTR) for updates regarding any duty changes related to Section 301 of the Trade Act of 1974.