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U.S. Trade Court Reinstates Bifacial Tariff Exclusion, Returns Section 201 Tariff Rate to 15%

Tuesday, Nov 16 2021

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Press Release

WASHINGTON, D.C. — In a win for the solar industry, the U.S. Court of International Trade (CIT) re-instated the exclusion of bifacial solar modules from the Section 201 tariffs. Originally granted in June 2019, the exclusion for bifacial modules was revoked by the Trump Administration in October 2020.

In addition to the exclusion, the CIT reduced the Section 201 tariff rate from 18% to 15% after it was raised to 18% in Proclamation 10101. Both actions will result in refunds of the tariffs that had been collected under the proclamation.

The court concluded, “Proclamation 10101’s withdrawal of the exclusion of bifacial solar panels and increase of the safeguard duties on CSPV modules constituted both a clear misconstruction [of] the statute and action outside the President’s delegated authority.”

Following is a statement from Abigail Ross Hopper, president and CEO of the Solar Energy Industries Association (SEIA) on this positive decision:

“The decision by the U.S. Court of International Trade to strike down an order by President Trump to change the step-down rate for the Section 201 tariffs and reverse the bifacial module exclusion was clearly the right conclusion. Both actions were an unlawful attempt to harshen the Section 201 tariffs.

“We are committed to building the U.S. solar manufacturing supply chain and we believe there are policies in the Build Back Better Act that will help grow American manufacturing. We look forward to working with the Biden administration and Congress to get these critical policies, including Senator John Ossoff’s Solar Energy Manufacturing for America Act, over the finish line.”

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About SEIA®: 

The Solar Energy Industries Association® (SEIA) is leading the transformation to a clean energy economy, creating the framework for solar to achieve 30% of U.S. electricity generation by 2030. SEIA works with its 1,000 member companies and other strategic partners to fight for policies that create jobs in every community and shape fair market rules that promote competition and the growth of reliable, low-cost solar power. Founded in 1974, SEIA is the national trade association for the solar and solar + storage industries, building a comprehensive vision for the Solar+ Decade through research, education and advocacy. Visit SEIA online at www.seia.org and follow @SEIA on Twitter, LinkedIn and Instagram

Media Contact: 

Morgan Lyons, SEIA's Senior Communications Manager, mlyons@seia.org (202) 556-2872

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