US DOJ appeals Section 201 bifacial exemption repeal

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

Unlock unlimited access for 12 whole months of distinctive global analysis

Photovoltaics International is now included.

  • Regular insight and analysis of the industry’s biggest developments
  • In-depth interviews with the industry’s leading figures
  • Unlimited digital access to the PV Tech Power journal catalogue
  • Unlimited digital access to the Photovoltaics International journal catalogue
  • Access to more than 1,000 technical papers
  • Discounts on Solar Media’s portfolio of events, in-person and virtual

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.

8 October 2024
San Francisco Bay Area, USA
PV Tech has been running an annual PV CellTech Conference since 2016. PV CellTech USA, on 8-9 October 2024 is our second PV CellTech conference dedicated to the U.S. manufacturing sector. The event in 2023 was a sell out success and 2024 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.

Read Next

May 24, 2024
Ørsted has closed a US$680 million tax equity financing with JP Morgan for a solar project, alongside a solar-plus-storage project.
May 24, 2024
US power distribution company Entergy Louisiana has received approval from the Louisiana Public Service Commission (LPSC) to add up to 3GW of solar PV.
May 24, 2024
US independent power producer Pivot Energy and electric vehicle (EV) manufacturer Rivian have partnered to build 60MW of community solar in Illinois, US.
May 23, 2024
Spanish firm Acciona Energía has commissioned its 458WM Red-Tailed Hawk PV project in the US state of Texas.
May 23, 2024
The flurry of recent tariff changes for solar imports to the US is likely to make products from Southeast Asia less attractive to buyers, according to renewables analysis firm Clean Energy Associates (CEA).
May 22, 2024
US utility-scale service provider Cleanleaf Energy has signed 350MW of operations and maintenance (O&M) services in the US.

Subscribe to Newsletter

Upcoming Events

Upcoming Webinars
May 29, 2024
11am (EDT) / 5pm (CEST)
Solar Media Events
June 4, 2024
London, UK
Upcoming Webinars
June 11, 2024
3:00 PM (BST) / 4:00 PM (CEST)
Solar Media Events
July 2, 2024
Athens, Greece