Husch Blackwell’s Jeffrey Neeley authored an article, “Solar Panel Tariff Creates New Uncertainty” that appeared in Law360 this week. The article discusses in depth the proclamation signed by President Trump last week. From the article:

[T]he relief announced provides that the first 2.5 gigawatts of imported cells are excluded from the additional tariffs. The

solar panels - energyOn January 22, 2018, the Office of the U.S. Trade Representative (“USTR”) announced that the Trump Administration is granting relief for the domestic solar panels and modules industry under section 201 of the Trade Act of 1974. This confirmed the fears of many consumers that there substantial additional duties would be imposed on those products.

International flagsOn September 22, 2017, the U.S. International Trade Commission (“ITC”) voted in the affirmative and found that U.S. producers are being seriously injured or are threatened with serious injury by imports of silicon photovoltaic cells and modules. This case was brought under section 201 of the Trade Act of 1974. Section 201 cases have two main parts: (1) the case is filed at the ITC which determines if there is such serious injury by imports, and if there is, then recommends a remedy, and (2) if there is a finding of such serious injury, the case goes to the President of the United States for final review and decision on the remedy. The President may modify or agree with the recommendation of the ITC on remedy.

Continue Reading ITC Votes Affirmatively on Injury on Trade Case on Crystalline Silicon Photovoltaic Cells and Modules