US DOJ appeals Section 201 bifacial exemption repeal

Facebook
Twitter
LinkedIn
Reddit
Email
The DOJ has now appealed the verdict handed down by Judge Katzmann, paving the way for the exemption for bifacial panels to be removed. Image: Flickr/Matt Wade.

The US Government has appealed against the reinstatement of an exemption from Section 201 tariffs for bifacial modules.

Late last week the Department of Justice (DOJ) lodged a formal appeal against a decision handed down in mid-November last year by Judge Katzmann of the US Court of International Trade. That decision found that the government had overstepped in repealing the exemption, with former US President Donald Trump found in particular to have overstepped his authority when repealing the exemption just weeks before he left office.

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

However it is considered that the exemption for bifacial panels was essentially issued in error, and the appeal from the DOJ is the start of a legal process towards formally removing the exemption.

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

In response to the appeal, John Smirnow, general counsel and VP of market strategy at US trade body the Solar Energy Industries Association, described the US Government’s prolonging of the case as a “misstep” that “provides no benefit to the American workers, public or clean energy goals”.

The US solar industry continues to wait for a decision from President Biden on the future of Section 201 tariffs, which are due to expire next month. In December the US International Trade Commission recommended the tariffs be extended for a further four years – with some minor amends – however Biden could still ignore that recommendation.

13 October 2026
San Francisco Bay Area, USA
PV Tech has been running an annual PV CellTech Conference since 2016. PV CellTech USA, on 13-14 October 2026 is our fourth PV CellTech conference dedicated to solar manufacturing in the USA. From polysilicon, wafers, ingots, cells and modules, to critical component suppliers including glass and frames, the event connects every stage of the value chain under one roof. PV CellTech USA also brings together investors, innovators, manufacturers and industry stakeholders to collaborate and strengthen domestic solar manufacturing across the United States.

Read Next

Premium
September 18, 2026
GameChange’s CEO Phillip Vyhanek explores the key factors shaping the fixed-tilt versus tracker debate across global markets.
September 18, 2026
EDF power solutions North America, a renewables subsidiary of French utility EDF, has achieved financial close on a 394MW solar PV project in the US state of Utah.
September 17, 2026
Spain has announced plans to create a capacity market for the national electricity system in order to secure 'security of supply'.
September 17, 2026
Caelux has signed a five-year agreement with GREW Solar to commercialise 4GW of hybrid-tandem solar modules.
September 17, 2026
SEIA and CCSA will combine to form a single trade organisation representing the full breadth of US solar PV deployments.
September 17, 2026
SEG Solar has started commercial-scale production of heterojunction (HJT) modules at its second US manufacturing facility in Tomball, Texas.

Upcoming Events

Solar Media Events
October 13, 2026
San Francisco Bay Area, USA
Solar Media Events
November 3, 2026
Málaga, Spain
Solar Media Events
November 24, 2026
Warsaw, Poland
Solar Media Events
February 2, 2027
London, UK
Solar Media Events
April 20, 2027
Istanbul, Türkiye