On October 9, 2019, the U.S. Trade Representative (USTR) announced in Federal Register Notice (FRN) 84 FR 54244 the withdrawal of the Section 201 exclusion for bifacial solar panels.  This exclusion was initially granted in June 2019 in FRN 84 FR 27684 for products as described below:

“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.”

The USTR conducted further review of the exclusion and determined that “maintaining the exclusion will undermine the objectives of the safeguard measure.”  The withdrawal of this exclusion will be effective on October 28, 2019.

The FRN announcing the withdrawal can be found here:

https://www.federalregister.gov/documents/2019/10/09/2019-22074/withdrawal-of-bifacial-solar-panels-exclusion-to-the-solar-products-safeguard-measure

The original FRN announcing the exclusion can be found here:

https://www.federalregister.gov/documents/2019/06/13/2019-12476/exclusion-of-particular-products-from-the-solar-products-safeguard-measure