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It’s Off! The Bifacial Solar Products Are Exempt from Section 201, Again!

published: 2019-12-10 0:00

The drama of bifacial modules just keeps on coming. Only 2 months ago, the Trump Administration has announced that the bifacial solar modules were back on the section 201 tariff list. Now, they are off the list again.

On Dec 5, The U.S. Court of International Trade (CIT) has ruled against the decision of Trump Administration. Therefore the bifacial solar modules are again exempt from the tariff list.

The CIT has ruled against the U.S. Trade Representative (USTR) due to the unlawfulness of the USTR’s actions.

The USTR has announced the removal of the exemption only 19 days before the tariff was effective again, which did not allow the affected and/or interested parties to voice their concern.

Furthermore, USTR’s decision was not based on any developed public record, which was in violation of the Administrative Procedure Act.

Judge Gary Katzmann of the U.S. Court of International Trade explained that it was in the public interest to reverse the decision of USTR and add the bifacial products back to the exemption list.

Abigail Ross Hopper, president and CEO of the Solar Energy Industries Association (SEIA), has released a statement regarding CIT’s decision: “This is an important temporary reprieve for the bifacial module exclusion. We will continue to make the case that the Section 201 tariffs are harming the U.S. industry and the American consumer and that the bifacial exclusion was a fair and reasonable solution to the problem of domestic module supply shortages. In the utility segment, for example, there is approximately only 1 GW of domestic crystalline silicon photovoltaic capacity to service nearly 10 GW of 2020 demand. Continued harsh tariffs will cut billions of dollars in private investment and put a hold on 62,000 American jobs.”



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