US in fresh attempt to axe bifacial Section 201 exemption as court battle looms

April 20, 2020
Facebook
Twitter
LinkedIn
Reddit
Email
Image credit: LONGi

The US government has moved once more against bifacial solar’s exemption from Section 201 tariffs, ordering its withdrawal whilst accepting the reprieve must stay until last year’s court injunction is lifted.

Last Friday, the US Trade Representative (USTR) said it wants to remove the exclusion of two-sided solar components from import levies set by the Trump administration in 2018, the second time it has attempted to scrap the reprieve in the space of a few months.

This article requires Premium SubscriptionBasic (FREE) Subscription

Try Premium for just $1

  • Full premium access for the first month at only $1
  • Converts to an annual rate after 30 days unless cancelled
  • Cancel anytime during the trial period

Premium Benefits

  • Expert industry analysis and interviews
  • Digital access to PV Tech Power journal
  • Exclusive event discounts

Or get the full Premium subscription right away

Or continue reading this article for free

The government office had initially opted to spare bifacial from Section 201 duties in June 2019 but u-turned in October 2019, announcing it would axe the exemption after concluding the levy amnesty would pave the way for a sharp rise in bifacial imports.

In a victory for plaintiffs Invenergy Renewables, US PV body SEIA, Clearway Energy Group, EDF Renewables and AES Distributed Energy, a judge at the US Court of International Trade blocked the USTR’s move, slapping a preliminary injunction on the order to scrap the exemption.

In its fresh attempt last Friday, the USTR acknowledges that the injunction remains an obstacle. Its decision to withdraw will only come into force “if the Court lifts the preliminary injunction but in no case earlier than May 18, 2020,” the office said.

“By disincentivizing domestic producers' production of bifacial solar panels … the bifacial exclusion is hindering the domestic industry's adjustment to import competition,” the USTR argued.

Solar reps ‘disappointed’ following raft of WTO spats

Contacted today by PV Tech, the US Court of International Trade had not clarified when it will next convene to rule on the preliminary injunction by the time this article was published.

Its move to block the USTR’s decision last December rested on a belief Trump’s administration had u-turned without giving renewable players and other affected parties sufficient time to adapt. Since that date, on 27 January 2020, the USTR issued a new consultation to grant stakeholders another chance to comment.

Trump’s bifacial crackdown has dragged the solar technology into a broader trade war pitting the US against large Asian states. The country’s moves to subsidise its own PV makers and tax foreign rivals have triggered World Trade Organisation spats with India and China.

US federal agencies themselves have cast doubts on the effectiveness of Section 201 duties, with an USITC report finding in February they have failed to kickstart a US upstream turnaround. While US manufacturers have hailed the import barriers, their downstream counterparts at association SEIA have said the measures have caused “devastating harm” to the industry.

Last week, following the USTR’s latest attempt to undo bifacial’s exemption, the SEIA conveyed its “disappointment”.

 “The industry initially sought this exclusion because there is, and will be for the foreseeable future, an acute shortage of domestic panels used in utility-scale solar projects,” said the SEIA’s general counsel John Smirnow, adding that the association will work with the administration to find “constructive ways” to support US solar manufacturers.

16 June 2026
Napa, USA
PV Tech has been running PV ModuleTech Conferences since 2017. PV ModuleTech USA, on 16-17 June 2026, will be our fifth PV ModulelTech conference dedicated to the U.S. utility scale solar sector. The event will gather the key stakeholders from solar developers, solar asset owners and investors, PV manufacturing, policy-making and and all interested downstream channels and third-party entities. The goal is simple: to map out the PV module supply channels to the U.S. out to 2027 and beyond.

Read Next

November 13, 2025
US solar hardware manufacturer Create Energy and Swiss cable producer Stäubli have announced a partnership to produce a new solar connector product.
Premium
November 13, 2025
Analysis: The opening of Corning's Michigan wafer plant puts it in a strong position to supply US-made, FEOC-compliant products, while competition from outside remains scarce.
November 13, 2025
US tracker manufacturer FTC Solar has entered into a purchase agreement to acquire the remaining 55% stake in steel manufacturer Alpha Steel.
November 12, 2025
Nextracker has rebranded itself as ‘Nextpower’ to reflect what the company said was its evolution from solar tracker supplier to a “full-platform” provider of integrated energy solutions.
November 12, 2025
Qcells has announced plans to reduce pay and working hours for one-third of its 3,000 employees in the US state of Georgia.
Premium
November 12, 2025
PV Talk: Stefano N. Granata of STS discusses the growing momentum behind back contact cell technology as manufacturers and investors embrace higher-efficiency solutions.

Upcoming Events

Solar Media Events
November 25, 2025
Warsaw, Poland
Solar Media Events
December 2, 2025
Málaga, Spain
Solar Media Events
February 3, 2026
London, UK
Solar Media Events
March 24, 2026
Lisbon, Portugal
Solar Media Events
June 16, 2026
Napa, USA