NOTIFICATION UNDER ARTICLE 12.1(C) OF THE AGREEMENT ON SAFEGUARDS
UPON MAKING A DECISION TO EXTEND A SAFEGUARD MEASURE

United States

Crystalline Silicon Photovoltaic Cells
(Whether or Not Partially or Fully Assembled into Other Products)

Supplement

The following communication, dated and received on 13 August 2024, is being circulated at the request of the delegation of the United States.

_______________

Pursuant to Article 12.1(c) of the WTO Agreement on Safeguards (Safeguards Agreement), the United States is notifying the proclamation signed by the President detailing an amendment of the extended measure on imports of solar products.[1]

1. Provide evidence, citing relevant data and the applicable period of investigation of serious injury or threat thereof caused by increased imports.

Not applicable.

2. Provide information on whether there is an absolute increase in imports or an increase in imports relative to domestic production.

Not applicable.

3. Provide the precise description of the product involved.

The products subject to the measure are solar products, as identified in the Presidential Proclamation of January 23, 2018. The measure and Presidential Proclamation were both notified in _G/SG/N/8/USA/9/Suppl.4-_G/SG/N/10/USA/7-_G/SG/N/11/USA/6 (dated 26 January 2018). The measure was subsequently amended through exclusions and other actions taken and notified in _G/SG/N/10/USA/7/Suppl.1 (dated 24 September 2018), _G/SG/N/8/USA/9/Suppl.5-_G/SG/N/10/USA/7/Suppl.2-_G/SG/N/11/USA/6/Suppl.1 (dated 22 May 2019), _G/SG/N/8/USA/9/Suppl.5/Corr.1-_G/SG/N/10/USA/7/Suppl.2/Corr.1-_G/SG/N/11/USA/6/Suppl.1/Corr.1 (dated 27 May 2019), _G/SG/N/8/USA/9/Suppl.6-_G/SG/N/10/USA/7/Suppl.3-_G/SG/N/11/USA/6/Suppl.2 (dated 7 June 2019), _G/SG/N/10/USA/7/Suppl.6 (dated 9 October 2019), _G/SG/N/10/USA/7/Suppl.10 (dated 22 April 2020), _G/SG/N/10/USA/7/Suppl.11 (dated 15 June 2020), _G/SG/N/10/USA/7/Suppl.12 (dated 20 October 2020), _G/SG/N/10/USA/7/Suppl.13 (dated 8 February 2022), _G/SG/N/10/USA/7/Suppl.13/Corr.1 (dated 10 February 2022), and _G/SG/N/10/USA/7/Suppl.16 (dated 24 June 2024). Finally, the measure is being amended through the attached proclamation.

4. If the final measure replaces a provisional measure, or if a final measure is extended, a Member is encouraged to provide a written description of any part of the imported product that will no longer be subject to the measure and the Harmonized System numbers under which it enters at least at a 6-digit level, and at a sub-national level (e.g., 8-digit, 9-digit or 10-digit level) if practicable.

See response to item 3 above and the attached proclamation to this notification.

5. Provide precise description of the measure.

See response to item 3 above and the attached proclamation to this notification.

6. Provide proposed date or actual date of introduction of the measure.

The amendment took effect on August 1, 2024, on or after 12:01am.

7. Provide expected duration of the measure.

Not applicable. The duration of the measure is not amended as a result of the proclamation.

8. For a measure with a duration of more than three years, provide the proposed date for the review (under Article 7.4) to be held not later than the mid-term of the measure, if such a date for the review has already been scheduled.

Not applicable.

9. If the expected duration is over one year, provide expected timetable for progressive liberalization of the measure.

Not applicable.

10. If the notification relates only to a finding of serious injury or threat thereof, and does not relate to a decision to apply or extend a safeguard measure:

(i) provide the deadlines for interested parties to comment or any other procedures relevant to the decision to apply the measures, and

(ii) provide information regarding procedures for prior consultation with those Members having a substantial interest as exporters of the product concerned.

Not applicable.

11. If the measure is being extended, also provide:

(i) evidence that the industry concerned is adjusting and that the safeguard measure continues to be necessary to prevent or remedy serious injury;

Not applicable.

(ii) reference to the WTO document that notified the initial application of the measure;

See response to item 3 above.

(iii) duration of the measure from initial application till the date at which it will be extended;

Not applicable. See response to item 3 above.

and, (iv) precise description of the measure in place prior to the date of extension

See response to item 3 above.

12. If the notification relates to a decision to apply or extend a safeguard measure, Members are encouraged to provide the following information:

(i) The major exporting Members of imports of the product involved.

(ii) If there are any exporting Members to which the measure does not apply for any reason other than the application of Article 9.1, the names of such exporting Members and reasons for non-application of the measure.

See response to item 3 above.

13. Members are encouraged to attach, in an electronic form, publicly available document(s) containing the relevant decision(s) made by the competent authority. This document may be in the original language of the Member, even when the language is not one of the official languages of the WTO. The document will neither be translated nor circulated to the Committee, but will be made available by the Secretariat to Members requesting it.

See response to item 3 above.

__________