Photovoltaic panel business demand reimbursement on Trump's bifacial module tariffs

Oct 20, 2022 10:33 AM ET
  • The tail-end of the Trump-era Sec. 201 tariffs on imported photovoltaic panels was chaotic for every person. Initially established in 2018, 30% tariffs were placed on crystalline silicon cells and modules being imported into the United States. Imported bifacial panels were omitted from the tariffs in June 2019 because of there being no substantial residential production capability of the specialized product.
Photovoltaic panel business demand reimbursement on Trump's bifacial module tariffs
Image: Billy Ludt/Solar Power World

Then the U.S. Trade Representative removed their exclusion in October 2019. The U.S. Court of International Trade (CIT) put bifacial panels back on the exception list in December 2019.

The U.S. Trade Representative returned in April 2020 and made bifacial modules taxed once again. One month later, CIT claimed the panels can enter tariff-free. Then President Trump stepped in and eliminated bifacial's exception once again in October 2020 with an exec order. Lastly( ish), CIT renewed bifacial's exception in November 2021 after identifying the president's exec order was unlawful. President Biden in February 2022 prolonged the Area 201 tariffs for four even more years and kept bifacial panels exempt. Imported bifacial photovoltaic panels to the United States continue to be untariffed today.

Four international photovoltaic panel producers-- Astronergy, Qcells, JA Solar and Trina Solar-- filed 4 separate instances in the U.S. CIT this month seeking reimbursements on the "numerous dollars' worth" of tariffs they paid on bifacial modules during that confusing duration when the specialized panels shed their exception under President Trump's exec order.

The companies are requiring the reimbursements as they were "called for to pay these safeguard duties which were consequently established to be unlawful."

" The charge of secure duties is an extraordinary act. Congress created a statutory scheme that is meant to stabilize the passions of all affected celebrations, and also the treatments that Congress developed for imposing and also customizing protect procedures were meant to be followed," JA Solar claimed in its filing. "The President can not ignore them or revise them himself in order to accomplish his desired policy outcomes."

Trina Solar is asking for that U.S. Traditions and Border Protection "quickly reimbursement, with passion, all enhanced safeguard duties accumulated" from Trina on bifacial modules in between October 2020 and also November 2021, and also the enhanced tariff amount on all photovoltaic panels Trump consisted of in his exec order. Astronergy submitted similar language. Qcells as well as JA Solar did not particularly referral dates however did request tariffs paid be reimbursed with passion.

The firms had two years from the very first unlawful tariff issuance to pursue action and submitted within the respective timeline. Solar Power World will continue to follow this issue.

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