United States DOJ appeals Section 201 bifacial exemption repeal

Jan 17, 2022 02:07 PM ET
  • The United States Government has appealed versus the reinstatement of an exemption from Section 201 tariffs for bifacial modules.
United States DOJ appeals Section 201 bifacial exemption repeal
Image: Flickr/Matt Wade

Late recently the Department of Justice (DOJ) lodged an official appeal versus a decision passed on in mid-November last year by Judge Katzmann of the US Court of International Trade. That decision found that the government had exceeded in rescinding the exemption, with previous United States President Donald Trump found in particular to have exceeded his authority when reversing the exemption simply weeks before he left office.

However it is taken into consideration that the exemption for bifacial panels was essentially released in error, and also the charm from the DOJ is the beginning of a legal process towards formally removing the exemption.

The DOJ had till 18 January 2022 in which to appeal the decision, but did so officially on Friday 14 January.

In feedback to the appeal, John Smirnow, basic guidance as well as VP of market approach at US trade body the Solar Energy Industries Association, described the United States Government's extending of the instance as a "misstep" that "gives no benefit to the American workers, public or clean power objectives".

The United States solar sector continues to wait for a decision from President Biden on the future of Section 201 tariffs, which result from expire following month. In December the United States International Trade Commission advised the tariffs be expanded for an additional 4 years-- with some minor amends-- nevertheless Biden could still ignore that suggestion.

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