Article

Tariff relief proposed for US solar manufacturers

August 06, 2024
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Executive summary

The United States Trade Representative (USTR) has proposed 19 new temporary exclusions from section 301 tariffs for specific Chinese-made solar manufacturing machinery and equipment. Once in effect, importers of eligible solar manufacturing machinery will no longer be required to pay the 25% tariff applied to Chinese products. The exclusions are expected to remain in effect through May of 2025. The move by USTR is consistent with the Biden administration’s policy objectives to stimulate domestic manufacturing in key sectors. The proposed tariff exclusions were subject to a 30-day public comment period which expired on June 28, 2024.


Once finalized, the tariff exclusions will be implemented retroactively from May 22, 2024. Each of the exclusions will be based on product descriptions rather than the harmonized tariff schedule (HTS) classification. For eligible solar manufacturing products, the applicable tariff exclusion can be declared by the importer automatically (i.e., without prior application and approval from the US government). The below table lists the solar manufacturing products that the USTR has proposed for temporary exclusion from section 301 tariffs.

Proposed Exclusions for Solar Manufacturing Equipment

  1. Silicon growth furnaces, including Czochralski crystal growth furnaces, designed for growing monocrystalline silicon ingots (boules) of a mass exceeding 700 kg, for use in solar wafer manufacturing (described in statistical reporting number 8486.10.0000).
  2. Band saws designed for cutting or slicing cylindrical monocrystalline silicon ingots (boules) of a mass exceeding 700 kg into square or rectangular ingots (boules), for use in solar wafer manufacturing (described in statistical reporting number 8486.10.0000).
  3. Machines designed to align and adhere monocrystalline silicon ingots (boules) of a mass exceeding 400 kg to plastic support boards on metal mounting plates to provide support during diamond wire sawing, for use in solar wafer manufacturing (described in statistical reporting number 8486.10.0000).
  4. Diamond wire saws designed for cutting or slicing silicon ingots (boules) of a mass exceeding 400 kg into solar wafers of a thickness not exceeding 200 micrometers (described in statistical reporting number 8486.10.0000).
  5. Wire guide roller machines, presented with diamond wire saws designed for slicing monocrystalline silicon ingots (boules) of a mass exceeding 400 kg into solar wafers of a thickness not exceeding 200 micrometers, all of the foregoing for use in solar wafer manufacturing (described in statistical reporting number 8486.10.0000).
  6. Coolant fluid recycling machines, presented with diamond wire saws designed for slicing monocrystalline silicon ingots (boules) of a mass exceeding 400 kg into solar wafers of a thickness not exceeding 200 micrometers, all of the foregoing for use in solar wafer manufacturing (described in statistical reporting number 8486.10.0000).
  7. Degumming machines designed to remove adhesives from solar wafers (described in statistical reporting number 8486.10.0000).
  8. Texturing and cleaning machines designed to repair, clean, and texture the solar wafer substrate, whether or not containing automation equipment for transferring solar wafers from one process station to the next, for use in solar wafer manufacturing (described in statistical reporting number 8486.20.0000).
  9. Thermal diffusion quartz-tube furnaces and boat loading machines, designed to diffuse dopant impurities into square or rectangular silicon wafers, for use in solar cell manufacturing (described in statistical reporting number 8486.20.0000).
  10. Plasma enhanced chemical vapor deposition machines designed to deposit amorphous or nanocrystalline layers on one or both surfaces of a solar wafer, whether or not containing automation equipment for transferring solar wafers from one process station to the next, for use in solar cell manufacturing (described in statistical reporting number 8486.20.0000).
  11. Physical vapor deposition (PVD) machines, designed to deposit a thin film of transparent conducting oxide on one or both surfaces of a solar wafer, whether or not containing automation equipment for transferring solar wafers from one process station to the next, for use in solar cell manufacturing (described in statistical reporting number 8486.20.0000).
  12. Screen printing line machines, including sintering furnaces for printing conducting contacts on both surfaces of a solar wafer, whether or not containing automation equipment for transferring solar wafers from one process station to the next, and whether or not containing equipment for solar cell testing, for use in solar cell manufacturing (described in statistical reporting number 8486.20.0000).
  13. Cell interconnection machines designed to electrically solder solar cells to each other to form a complete electrical circuit, for use in solar module manufacturing (described in statistical reporting number 8486.20.0000).
  14. Module encapsulant preparation machines designed for encapsulant cutting and placement, butyl dispensing equipment, and equipment for the transport of encapsulant materials, all the foregoing for use in solar module manufacturing (described in statistical reporting number 8486.20.0000).
  15. Machines designed to laminate an interconnected cell string and to attach junction boxes, all the foregoing for use in solar module manufacturing (described in statistical reporting number 8486.20.0000).
  16. Frame attachment machines designed for attaching metal frames to the perimeter or rear surface of solar modules (described in statistical reporting number 8486.20.0000).
  17. Machines designed for transporting polysilicon material to growth furnaces and machines designed for transporting monocrystalline ingots (boules) and wafers throughout the solar wafer manufacturing process, including machines for loading or unloading solar wafers during the diamond wire slicing process (described in statistical reporting number 8486.40.0030).
  18. Machines designed for lifting, handling, loading, or unloading of solar wafers of a thickness not exceeding 200 micrometers, for use in solar wafer manufacturing (described in statistical reporting number 8486.40.0030).
  19. Machines designed for lifting, handling, loading, or unloading in the assembly of solar modules (described in statistical reporting number 8486.40.0030).

Source: US Trade Representative

Key takeaways

US solar manufacturing companies who are dependent on Chinese machinery are likely to benefit from one or more of the 19 tariff exclusions proposed by USTR. US importers who have imported machinery covered by one of the exclusions may have an opportunity to recover Section 301 duties paid for goods entered after the retroactive effective date. Official notice from USTR with the final list of eligible products is expected in the near term.

US solar manufacturing companies that import (or plan to import) Chinese-made production equipment can prepare now to take advantage of the forthcoming Section 301 tariff exclusions.

RSM US’s Trade Advisory team can help your company take action to maximize use of this cost-saving opportunity through the following:

  • Review the proposed list of product descriptions and harmonized tariff classifications to determine eligibility if imported solar manufacturing machinery falls within the scope of the proposed exclusions.
  • Identify all tariff-exclusion eligible machinery that was imported after May 22, 2024 of which Section 301 duties were paid and may be eligible for a duty refund.
  • Assist with customs administrative procedures to obtain a refund duties paid after for eligible machinery.
  • Identify all eligible machinery that is planned for purchase and importation through May 2025 and develop plans to ensure all tariff exclusions are justified and properly applied.

RSM specializes in performing cross-border activity reviews and has a proven track record of helping companies find the right solutions to complex trade matters. Our team of seasoned professionals, each with deep industry experience, can quickly assess and determine a practical path forward based on your company’s unique needs.

RSM contributors

  • Mark Ludwig
    Mark Ludwig
    National Leader, Trade and Tariff Advisory Services
  • Bryan Lathbury
    Bryan Lathbury
    Manager

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