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More Solar Products Exempted From Section 201 Safeguards; USTR Done Considering Requests for Now

The Office of the U.S. Trade Representative approved some new categories of crystalline silicon photovoltaic cells, or solar cells, for exclusion from the Section 201 safeguards, it said in a notice. The USTR announced some exclusions in September last year (see 1809180031), as well as within the original safeguard announcement (see 1801230052). The agency "will not further consider exclusion requests that were not granted in this or the September 19 notices," it said. The exclusions take effect on June 13.

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USTR previously said it wouldn't consider any requests it received after March 16, 2018, for the initial set of exclusions. "This action is without prejudice to the Trade Representative’s authority to grant exclusions if there is another round of requests for exclusion," the agency said. While the USTR isn't now considering new exclusions, it "will monitor developments in the U.S. market for CSPV products and, if warranted, provide an opportunity to submit additional requests for exclusion at a future date," it said.

The new excluded categories are as follows:

  • Bifacial solar panels that absorb light and generate electricity on each side of the panel and that consist of only bifacial solar cells that absorb light and generate electricity on each side of the cells.
  • Flexible fiberglass solar panels without glass components other than fiberglass, such panels having power outputs ranging from 250 to 900 watts.
  • Solar panels consisting of solar cells arranged in rows that are laminated in the panel and that are separated by more than 10 mm, with an optical film spanning the gaps between all rows that is designed to direct sunlight onto the solar cells, and not including panels that lack said optical film or only have a white or other backing layer that absorbs or scatters sunlight.

(Federal Register 06/13/19)