Presidential Document2022-12578
Declaration of Emergency and Authorization for Temporary Extensions of Time and Duty-Free Importation of Solar Cells and Modules From Southeast Asia
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 9, 2022
Signed
June 6, 2022
Issuing agencies
Executive Office of the President
Full Text
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<title>Federal Register, Volume 87 Issue 111 (Thursday, June 9, 2022)</title>
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[Federal Register Volume 87, Number 111 (Thursday, June 9, 2022)]
[Presidential Documents]
[Pages 35067-35069]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-12578]
Presidential Documents
Federal Register / Vol. 87, No. 111 / Thursday, June 9, 2022 /
Presidential Documents
___________________________________________________________________
Title 3--
The President
[[Page 35067]]
Proclamation 10414 of June 6, 2022
Declaration of Emergency and Authorization for
Temporary Extensions of Time and Duty-Free Importation
of Solar Cells and Modules From Southeast Asia
By the President of the United States of America
A Proclamation
Electricity is an essential part of modern life that
powers homes, business, and industry. It is critical to
the function of major sectors of the economy, including
hospitals, schools, public transportation systems, and
the defense industrial base. Even isolated
interruptions in electric service can have catastrophic
health and economic consequences. A robust and reliable
electric power system is therefore not only a basic
human necessity, but is also critical to national
security and national defense.
Multiple factors are threatening the ability of the
United States to provide sufficient electricity
generation to serve expected customer demand. These
factors include disruptions to energy markets caused by
Russia's invasion of Ukraine and extreme weather events
exacerbated by climate change. For example, in parts of
the country, drought conditions coupled with heatwaves
are simultaneously causing projected electricity supply
shortfalls and record electricity demand. As a result,
the Federal Energy Regulatory Commission and the North
American Electric Reliability Corporation have both
warned of near-term electricity reliability concerns in
their recent summer reliability assessments.
In order to ensure electric resource adequacy,
utilities and grid operators must engage in advance
planning to build new capacity now to serve expected
customer demand. Solar energy is among the fastest
growing sources of new electric generation in the
United States. Utilities and grid operators are
increasingly relying on new solar installations to
ensure that there are sufficient resources on the grid
to maintain reliable service. Additions of solar
capacity and batteries were expected to account for
over half of new electric sector capacity in 2022 and
2023. The unavailability of solar cells and modules
jeopardizes those planned additions, which in turn
threatens the availability of sufficient electricity
generation capacity to serve expected customer demand.
Electricity produced through solar energy is also
critical to reducing our dependence on electricity
produced by the burning of fossil fuels, which drives
climate change. The Department of Defense has
recognized climate change as a threat to our national
security.
In recent years, the vast majority of solar modules
installed in the United States were imported, with
those from Southeast Asia making up approximately
three-quarters of imported modules in 2020. Recently,
however, the United States has been unable to import
solar modules in sufficient quantities to ensure solar
capacity additions necessary to achieve our climate and
clean energy goals, ensure electricity grid resource
adequacy, and help combat rising energy prices. This
acute shortage of solar modules and module components
has abruptly put at risk near-term solar capacity
additions that could otherwise have the potential to
help ensure the sufficiency of electricity generation
to meet customer demand. Roughly half of the domestic
deploy-
[[Page 35068]]
ment of solar modules that had been anticipated over
the next year is currently in jeopardy as a result of
insufficient supply. Across the country, solar projects
are being postponed or canceled.
The Federal Government is working with the private
sector to promote the expansion of domestic solar
manufacturing capacity, including our capacity to
manufacture modules and other inputs in the solar
supply chain, but building that capacity will take
time. Immediate action is needed to ensure in the
interim that the United States has access to a
sufficient supply of solar modules to assist in meeting
our electricity generation needs.
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of
the United States, by the authority vested in me by the
Constitution and the laws of the United States of
America, including by section 318(a) of the Tariff Act
of 1930, as amended, 19 U.S.C. 1318(a), do hereby
declare an emergency to exist with respect to the
threats to the availability of sufficient electricity
generation capacity to meet expected customer demand.
Pursuant to this declaration, I hereby direct as
follows:
Section 1. Emergency Authority. (a) To provide
additional authority to the Secretary of Commerce
(Secretary) to respond to the emergency herein
declared, the authority under section 1318(a) of title
19, United States Code, is invoked and made available,
according to its terms, to the Secretary.
(b) To provide relief from the emergency, the
Secretary shall consider taking appropriate action
under section 1318(a) of title 19, United States Code,
to permit, until 24 months after the date of this
proclamation or until the emergency declared herein has
terminated, whichever occurs first, under such
regulations and under such conditions as the Secretary
may prescribe, the importation, free of the collection
of duties and estimated duties, if applicable, under
sections 1671, 1673, 1675, and 1677j of title 19,
United States Code, of certain solar cells and modules,
exported from the Kingdom of Cambodia, Malaysia, the
Kingdom of Thailand, and the Socialist Republic of
Vietnam, and that are not already subject to an
antidumping or countervailing duty order as of the date
of this proclamation, and to temporarily extend during
the course of the emergency the time therein prescribed
for the performance of any act related to such imports.
(c) The Secretary shall consult with the Secretary
of the Treasury and the Secretary of Homeland Security,
or their designees, before exercising, as invoked and
made available under this proclamation, any of the
authorities set forth in section 1318(a) of title 19,
United States Code.
Sec. 2. General Provisions. (a) Nothing in this
proclamation shall be construed to impair or otherwise
affect:
(i) the authority granted by law to an executive department or agency, or
the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This proclamation shall be implemented
consistent with applicable law and subject to the
availability of appropriations.
(c) This proclamation is not intended to, and does
not, create any right or benefit, substantive or
procedural, enforceable at law or in equity by any
party against the United States, its departments,
agencies, or entities, its officers, employees, or
agents, or any other person.
[[Page 35069]]
IN WITNESS WHEREOF, I have hereunto set my hand this
sixth day of June, in the year of our Lord two thousand
twenty-two, and of the Independence of the United
States of America the two hundred and forty-sixth.
<GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>
(Presidential Sig.)
[FR Doc. 2022-12578
Filed 6-8-22; 8:45 am]
Billing code 3395-F2-P
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</html>Indexed from Federal Register on June 9, 2022.
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