While the proposed rules would represent a positive development for foreign manufacturers, U.S.进口商和美国消费者,包括美国太阳项目开发产业,如果以当前形式发布,修改规则是可能的。因此,商务悬疑查询方必须在2022年8月1日之前提交评论 。
The proposed rules directly respond to President Biden's June 6, 2022 emergency declaration, which found that an emergency exists "with respect to the threats to the availability of sufficient electricity generation capacity" and authorized Commerce to issue a moratorium on tariffs on solar cells and modules from Cambodia, Malaysia, Thailand, and Vietnam for up to a 24-month period.[4]
The Proposed Rules
The proposed rules appear to respond to concerns raised by the solar project development industry about how the emergency declaration would be implemented in the context of existing agency regulations. Commerce has confirmed that it intends to provide for the temporary, duty-free importation of certain solar cells and modules from Cambodia, Malaysia, Thailand, and Vietnam even if Commerce determines that they are circumventing an existing AD/CVD order. In so doing, Commerce has clarified that these new rules—and not the agency's existing circumvention regulations—will apply to such solar cells and modules throughout the pendency of the emergency period.
The proposed rules would be codified as a new part 362 to title 19 of the Code of Federal Regulations, and they would provide that:
- The applicable entries would be those "Southeast Asian-Completed Cells and Modules" that are subject to the solar circumvention inquiries. "Southeast Asian-Completed Cells and Modules" means solar cells and modules completed in Cambodia, Malaysia, Thailand, or Vietnam, using parts and components that are made in China and "subsequently exported from Cambodia, Malaysia, Thailand or Vietnam to the United States."
- The date of termination of the temporary duty-free importation would be June 6, 2024, or the date when the emergency is terminated, whichever occurs first.
- Importation of Southeast Asian-Completed Cells and Modules would be "free of collection" of AD/CVD cash deposits until the termination date of the emergency.
- In the event of an affirmative preliminary or final circumvention determination prior to the date of termination, Commerce would not direct U.S.Customs and Border Protection to suspend liquidation or collect cash deposits. This means that Southeast Asian-Completed Cells and Modules imported at any time prior to the termination of the emergency would not be subject to AD/CVD duties as a result of an affirmative determination in the circumvention inquiries.
- In the event that it issues an affirmative preliminary circumvention determination, Commerce has signaled that it may require certifications for solar cells and modules from Cambodia, Malaysia, Thailand, and Vietnam in order to differentiate between (i) Southeast Asian modules with Chinese cells that are already subject to the existing orders and (ii) Southeast Asian modules using Chinese inputs that would become subject to the existing orders solely based upon an affirmative circumvention finding. This certification process would likely create an administrative burden for U.S.进口商
a美国成员太阳能电池制造行业Auxin Solar公司请求绕行查询,因此可能有兴趣对受影响的进口品保持高关税。商业有义务考虑所有提交的评论并可能根据这些评论修改拟议规则。 机构必须听取所有各方的意见,包括那些支持当前形式拟议规则者的意见,以便机构能够充分理解修改规则的后果。Covington深入处理国际贸易和能源问题,完全有能力帮助想提交评论或可能质疑新规则会如何影响业务的客户。
In effect, the Commission's legislative Package is intended to promote the use of blue hydrogen until at least 2030 provided that it achieves the same decarbonization as green hydrogen (i.e., 70% GHG reduction). However, the European Parliament and Council may amend both the proposed definition and conditions of blue hydrogen and the proposed regulative incentives during their consideration of the Package and its adoption through the legislative procedure that will now follow. Moreover, the European Commission will be empowered to develop much of the methodologies implementing the definitions of blue and green hydrogen. Companies intending to engage in blue and green hydrogen operations in the EU/EEA would be well advised to closely follow these developments.
I. The Legislative Package on Hydrogen and Decarbonized Markets
The Package is yet another piece of the "Fit for 55" agenda to achieve the EU's climate neutrality by 2050 and includes three legislative proposals: (i) a proposal for a recast of the EU Regulation on the Internal Markets for Renewable and Natural Gases and for Hydrogen ("Proposed Gas and Hydrogen Regulation")!(二) 关于欧盟可再生能源和天然气及氢内部市场共同规则的建议(“ Both green and blue hydrogen would benefit from this proposed beneficial regulatory framework provided they comply with the proposed definitions and requirements. However, they would continue to be impacted differently under other parts of the EU's climate and energy rules, such as the Renewable Energies Directive ("RED II") and the proposal for a Regulation on a Carbon Border Adjustment Mechanism ("Proposed CBAM Regulation") and the Regulation on the Establishment of a Framework to Facilitate Sustainable Investment ("Taxonomy Regulation"). II. Renewable and Low-Carbon Hydrogen The EU's current energy regulatory framework fails to define renewable (aka "green") and low-carbon (aka "blue") hydrogen. This legal uncertainty has hampered the role-out of green and blue hydrogen markets and infrastructure in the EU. To correct this, the Package introduces new legal definitions of renewable and low-carbon hydrogen that the Commission will be empowered to detail by adopting specific calculation methodologies and threshold determinations in delegated acts. The Proposed Gas and Hydrogen Directive includes definitions of renewable and low-carbon hydrogen that are in line with those of the proposal to amend the Renewable Energies Directive II ("Proposed Directive to Amend RED II"). 表示欧盟关于可再生(“绿化”)和低碳最大温室气体排放密度的规则大致相似,因为天然气和氢指令为两者都设置相同的去碳化效果标准(i.e. ,70%降温)。可再生和低碳氢减排阈值很可能使用“对开式”法计算,即计取勘探到生产过程的CO2排放,包括直到生产过程的运输,然而,委员会尚未确定绿色和蓝氢精确计算和测定方法(见下文)。 Thus建议可再生和低碳氢的主要差值将是氢生产过程,特别是用于制造氢的能源源(iem>e.g./em>电解器中)。In effect, the aim of this approach is to allow low-carbon hydrogen to play a role in decarbonization and facilitate the energy transition until 2030. The amended RED II would continue to promote green hydrogen, and various EU legislation, such as the Proposed CBAM Regulation, would likely impact blue and green hydrogen differently. However, both blue and green hydrogen meeting the proposed definitions would benefit from the Package's proposed dedicated hydrogen infrastructure and market outlined below at least until 2030. The expectation is that by 2030 the EU will introduce a stricter GHG reduction threshold for the definition of low-carbon ("blue") hydrogen. This threshold could be similar to that set under the draft technical screening criteria for gas investments under the Taxonomy Regulation, but that remains to be seen. III.低卡通氢元 可再生和低碳认证: Hence, if an operator provides compliance with a recognized scheme, this will serve to satisfy the certification requirement for low-carbon hydrogen. The Package applies these certification requirements equally to imported and EU-produced blue and green hydrogen, which may be related to recent efforts by certain Member States to scale up production of hydrogen both inside and outside the EU. For instance, in December 2021 the Commission approved the German State aid scheme H2Global that also supports the production of green hydrogen in non-EU countries for its export to, and sale in, the EU. IV. Regulation of Hydrogen Networks The current EU regulatory framework for gas energy carriers does not address the deployment of hydrogen as an independent energy carrier via dedicated hydrogen networks.欧盟一级没有基于收费价对氢网络投资规则(sem>/em>要求为网络运营商提供报酬以便充分投资于基础设施)或专用氢网络所有权和运营规则(sem>/em>unbunding规则)。拟议气流指令和拟议气流规范通过引入以下措施消除这些缺陷: Next Steps The European Parliament and Council must now consider the proposed Regulation and Directive for their adoption through the so-called "ordinary" legislative procedure. This procedure allows the Parliament and Council to modify the proposals, for example to include further incentives and more flexible rules for low-carbon hydrogen. The procedure is likely to be expedited so that the legislation is adopted within the next 18 months. In the meantime, the Commission is also expected to start its preparatory work on the specific methodologies needed for the certification of renewable and low-carbon hydrogen.委员会将不得不作出技术决策,这些决策往往可能产生重大商业后果。受影响的公司或愿尽早与委员会接触进程。