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Trump Administration to Conduct Review Process on Upcoming ITC Solar Cell Safeguard Recommendations

The Trump administration will accept public input on forthcoming recommendations from the International Trade Commission for potential trade remedies that might be imposed after the ITC reached an affirmative injury determination in its Section 201 safeguard investigation on crystalline silicon photovoltaic (CSPV) cells, the Office of the U.S. Trade Representative said. The ITC is expected to send its final report by Nov. 13. President Donald Trump will then have about two months to adopt or reject the ITC’s recommendations, or opt to set other trade restrictions. USTR will accept written comments through Nov. 20, and written responses to the initial round of comments through Nov. 29, including from domestic producers, importers, exporters or other interested parties, USTR said. Further, the interagency Trade Policy Staff Committee (TPSC) will hold a public hearing on the matter on Dec. 6.

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The TPSC also will make a recommendation to the president that will take into account the ITC recommendation, the extent to which the domestic industry will benefit from adjustment assistance, the efforts of the domestic industry to make positive adjustments, and other relevant considerations, USTR said. While the safeguard petition requests duties and a minimum price for imported CSPV cells, USTR said potential action also might include:

  • Tariff-rate quota
  • Quantitative restriction on CSPV imports
  • A “proposal” to negotiate and carry out an agreement with foreign countries to limit CSPV foreign exports and U.S. imports
  • Requirement for import licenses
  • Other talks to identify the “underlying cause of the increased imports to alleviate the injury or threat thereof”
  • Legislative proposals “that would facilitate a positive adjustment”
  • “Other action consistent with the President’s authority”
  • Any combination of those actions.

The ITC on Sept. 22 announced its affirmative injury determination (see 1709220044).

(Federal Register 10/25/17)