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

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.

7 October 2025
San Francisco Bay Area, USA
PV Tech has been running an annual PV CellTech Conference since 2016. PV CellTech USA, on 7-8 October 2025 is our third PV CellTech conference dedicated to the U.S. manufacturing sector. The events in 2023 and 2024 were a sell out success and 2025 will once again gather the key stakeholders from PV manufacturing, equipment/materials, policy-making and strategy, capital equipment investment and all interested downstream channels and third-party entities. The goal is simple: to map out PV manufacturing in the U.S. out to 2030 and beyond.
21 October 2025
New York, USA
Returning for its 12th edition, Solar and Storage Finance USA Summit remains the annual event where decision-makers at the forefront of solar and storage projects across the United States and capital converge. Featuring the most active solar and storage transactors, join us for a packed two-days of deal-making, learning and networking.
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

September 5, 2025
US solar tracker manufacturer Nextracker has launched a new electrical balance of systems (eBOS) trunk connector.
September 5, 2025
During a week of major US clean energy developments, ContourGlobal, PSE, Arevon, and Ameren Missouri advanced solar projects across four states in the US.
September 5, 2025
Newly formed firm Solaris Assets has acquired the business operations and assets of Texas-based residential solar installer Sunnova.
September 5, 2025
US solar tracker manufacturer Array Technologies has announced that two of its tracking systems are compatible with 2,000V solar systems.
September 4, 2025
Gavin Newsom has signed an executive order to accelerate the permitting of energy generation projects that could be set to lose IRA support.
September 4, 2025
US polysilicon company Highland Materials has aimed to begin construction at its polysilicon plant in the second half of 2026.

Subscribe to Newsletter

Upcoming Events

Solar Media Events
September 16, 2025
Athens, Greece
Solar Media Events
September 30, 2025
Seattle, USA
Solar Media Events
October 1, 2025
London, UK
Solar Media Events
October 2, 2025
London,UK
Solar Media Events
October 7, 2025
Manila, Philippines