Rescission of the October 2019 Withdrawal of the Bifacial Solar Panels Exclusion From the Safeguard Measure on Solar Products, 35975 [2020-12734]
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Federal Register / Vol. 85, No. 114 / Friday, June 12, 2020 / Notices
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[FR Doc. 2020–12746 Filed 6–11–20; 8:45 am]
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OFFICE OF THE UNITED STATES
TRADE REPRESENTATIVE
[Docket No. USTR–2020–0001]
Rescission of the October 2019
Withdrawal of the Bifacial Solar Panels
Exclusion From the Safeguard
Measure on Solar Products
Office of the United States
Trade Representative.
ACTION: Notice.
AGENCY:
The U.S. Trade
Representative is expressly rescinding
the withdrawal, issued in October 2019
(the October Withdrawal), of the
exclusion of bifacial solar panels from
application of the safeguard measure on
imports of certain solar products
pursuant to a Section 201 investigation.
The October Withdrawal is superseded
by the withdrawal determination made
by the U.S. Trade Representative in
April 2020 that the bifacial solar panel
exclusion is undermining the objectives
of the safeguard measure (the April
Withdrawal).
DATES: Rescission of the October
Withdrawal is effective June 12, 2020.
FOR FURTHER INFORMATION CONTACT:
Victor Mroczka, Office of WTO and
Multilateral Affairs, at vmroczka@
ustr.eop.gov or (202) 395–9450, or Dax
Terrill, Office of General Counsel, at
Dax.Terrill@ustr.eop.gov or (202) 395–
4739.
SUPPLEMENTARY INFORMATION:
SUMMARY:
A. Background
On January 23, 2018, the President
issued Proclamation 9693 (83 FR 3541)
to impose a safeguard measure under
section 201 of the Trade Act of 1974 (19
U.S.C. 2251) with respect to certain
crystalline silicon photovoltaic (CSPV)
cells and other products (CSPV
products) containing these cells. The
Proclamation directed the U.S. Trade
Representative to establish procedures
for interested persons to request
product-specific exclusions from the
safeguard measure. He did so in
February 2018. See 83 FR 6670. The
Proclamation also authorized the U.S.
Trade Representative, after consultation
with the Secretaries of Commerce and
Energy, to exclude products upon
publication of a notice in the Federal
Register modifying the Harmonized
Tariff Schedule of the United States
(HTSUS).
Pursuant to the exclusion process, the
U.S. Trade Representative excluded
certain bifacial solar panels from
application of the safeguard measure in
June 2019. See 84 FR 27684. In October
2019 (84 FR 54244), after evaluating
PO 00000
Frm 00080
Fmt 4703
Sfmt 4703
35975
newly available information and
consultations with the Secretaries of
Commerce and Energy, the U.S. Trade
Representative withdrew the exclusion
because it would undermine the
objectives of the safeguard measure.
This withdrawal was challenged by
Invenergy, Inc. in the U.S. Court of
International Trade. In response, the
U.S. Trade Representative sought
comments on whether to maintain,
withdraw, or take some other action
concerning the exclusion of bifacial
solar panels from the safeguard
measure. See 85 FR 4756.
B. Determination Regarding the Bifacial
Exclusion
In April 2020 (85 FR 21497), the U.S.
Trade Representative determined, based
on information and comments provided
in response to its Federal Register
notice, that the bifacial exclusion is
undermining the objectives of the
safeguard measure. After consultation
with the Secretaries of Commerce and
Energy, the U.S. Trade Representative
issued the April Withdrawal, which was
a determination that the bifacial
exclusion is undermining the objective
of the safeguard measure on solar
products, does not meet the criteria for
a legitimate exclusion, and should be
withdrawn.
C. The Effect of This Notice and the
April Withdrawal on the October
Withdrawal
This notice confirms that the findings
and determination in the April
Withdrawal supersede the findings and
determination in the October
Withdrawal. With publication of the
April Withdrawal, USTR no longer
seeks to take any action with regard to
the bifacial exclusion based upon the
findings and determination in the
October Withdrawal. The October
Withdrawal is rescinded.
Jeffrey Gerrish,
Deputy United States Trade Representative,
Office of the United States Trade
Representative.
[FR Doc. 2020–12734 Filed 6–11–20; 8:45 am]
BILLING CODE 3290–F0–P
OFFICE OF THE UNITED STATES
TRADE REPRESENTATIVE
Notice of Product Exclusions: China’s
Acts, Policies, and Practices Related to
Technology Transfer, Intellectual
Property, and Innovation
Office of the United States
Trade Representative.
ACTION: Notice of product exclusions.
AGENCY:
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]]>Agencies
[Federal Register Volume 85, Number 114 (Friday, June 12, 2020)]
[Notices]
[Page 35975]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-12734]
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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
[Docket No. USTR-2020-0001]
Rescission of the October 2019 Withdrawal of the Bifacial Solar
Panels Exclusion From the Safeguard Measure on Solar Products
AGENCY: Office of the United States Trade Representative.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The U.S. Trade Representative is expressly rescinding the
withdrawal, issued in October 2019 (the October Withdrawal), of the
exclusion of bifacial solar panels from application of the safeguard
measure on imports of certain solar products pursuant to a Section 201
investigation. The October Withdrawal is superseded by the withdrawal
determination made by the U.S. Trade Representative in April 2020 that
the bifacial solar panel exclusion is undermining the objectives of the
safeguard measure (the April Withdrawal).
DATES: Rescission of the October Withdrawal is effective June 12, 2020.
FOR FURTHER INFORMATION CONTACT: Victor Mroczka, Office of WTO and
Multilateral Affairs, at [email protected] or (202) 395-9450, or
Dax Terrill, Office of General Counsel, at [email protected] or
(202) 395-4739.
SUPPLEMENTARY INFORMATION:
A. Background
On January 23, 2018, the President issued Proclamation 9693 (83 FR
3541) to impose a safeguard measure under section 201 of the Trade Act
of 1974 (19 U.S.C. 2251) with respect to certain crystalline silicon
photovoltaic (CSPV) cells and other products (CSPV products) containing
these cells. The Proclamation directed the U.S. Trade Representative to
establish procedures for interested persons to request product-specific
exclusions from the safeguard measure. He did so in February 2018. See
83 FR 6670. The Proclamation also authorized the U.S. Trade
Representative, after consultation with the Secretaries of Commerce and
Energy, to exclude products upon publication of a notice in the Federal
Register modifying the Harmonized Tariff Schedule of the United States
(HTSUS).
Pursuant to the exclusion process, the U.S. Trade Representative
excluded certain bifacial solar panels from application of the
safeguard measure in June 2019. See 84 FR 27684. In October 2019 (84 FR
54244), after evaluating newly available information and consultations
with the Secretaries of Commerce and Energy, the U.S. Trade
Representative withdrew the exclusion because it would undermine the
objectives of the safeguard measure. This withdrawal was challenged by
Invenergy, Inc. in the U.S. Court of International Trade. In response,
the U.S. Trade Representative sought comments on whether to maintain,
withdraw, or take some other action concerning the exclusion of
bifacial solar panels from the safeguard measure. See 85 FR 4756.
B. Determination Regarding the Bifacial Exclusion
In April 2020 (85 FR 21497), the U.S. Trade Representative
determined, based on information and comments provided in response to
its Federal Register notice, that the bifacial exclusion is undermining
the objectives of the safeguard measure. After consultation with the
Secretaries of Commerce and Energy, the U.S. Trade Representative
issued the April Withdrawal, which was a determination that the
bifacial exclusion is undermining the objective of the safeguard
measure on solar products, does not meet the criteria for a legitimate
exclusion, and should be withdrawn.
C. The Effect of This Notice and the April Withdrawal on the October
Withdrawal
This notice confirms that the findings and determination in the
April Withdrawal supersede the findings and determination in the
October Withdrawal. With publication of the April Withdrawal, USTR no
longer seeks to take any action with regard to the bifacial exclusion
based upon the findings and determination in the October Withdrawal.
The October Withdrawal is rescinded.
Jeffrey Gerrish,
Deputy United States Trade Representative, Office of the United States
Trade Representative.
[FR Doc. 2020-12734 Filed 6-11-20; 8:45 am]
BILLING CODE 3290-F0-P
