U.S. Trade Court Blocks Trump Administration Bid to End Solar Tariff Loophole

Legal Alert

On Saturday, October 24, a U.S. Trade Court temporarily blocked the Trump administrations’ attempt to close a tariff loophole for double-sided solar panels.  The 2018 tariffs were an attempt by the Trump administration to get tough on China which dominates the solar panel manufacturing industry, and to boost the U.S. industry.  The administration approved four years of tariffs on solar panel imports, starting at 30%, and being reduced by five percentage points each subsequent year.  The tariffs granted the exclusion for bifacial panels, as those panels were considered a niche product at the time.  The administration now claims that it is necessary to revoke the bifacial exemption because the loophole has “impaired and is likely to continue to impair the effectiveness” of the tariffs intended to bolster U.S. solar manufacturing.

For more information, please contact Phillip Hoover or Steve O’Day.

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