US Section 201 bifacial exemption reinstated after international trade court decision

Facebook
Twitter
LinkedIn
Reddit
Email
Refunds will be paid to importers to have shelled out for the higher tariffs since last year. Image: Flickr/Matt Wade.

An exemption for bifacial solar panels from Section 201 tariffs in the US has been reinstated after a decision passed down by the US Court of International Trade (CIT).

The judgement, published today, means that as of now bifacial solar modules can be imported to the US free of punitive tariffs under the Trump administration’s Section 201 trade regime.

This article requires Premium SubscriptionBasic (FREE) Subscription

Unlock unlimited access for 12 whole months of distinctive global analysis

Photovoltaics International is now included.

Not ready to commit yet?
  • 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

Furthermore, an increase of the Section 201 tariff rate – enacted by President Trump in October last year, just prior to his election defeat to Joe Biden – from 15% to 18% was rescinded by the CIT. Refunds will be paid to parties to have paid any resultant tariffs.

In its verdict, the court concluded that Trump’s Presidential Proclamation “constituted both a clear microconstruction” of the statute and were deemed to be an action outside of the president’s delegated authority.

The exemption for bifacial modules from the Section 201 tariffs was removed after the then-President Trump laid a Presidential Proclamation in mid-October 2020, calling upon the US Trade Representative to request an investigation by the US International Trade Commission to determine whether or not the tariffs, introduced in 2018, had sufficiently protected the US’ domestic solar manufacturing sector.

It sparked a legal wrangle between the Trump administration and other government officials. The US Court of International Trade was initially expected to rule against the intent of the proclamation and allow the bifacial exemption to continue, while a restraining order was issued against the decision in late October, earning the exemption an effective stay of execution.

However further efforts to keep the exemption in place failed and, once the restraining order lifted in late November, bifacial modules were once again subject to import tariffs.

Today’s development, considered a surprise, has been celebrated by the US solar sector.

Abigail Ross Hopper, president and CEO at the Solar Energy Industries Association (SEIA), said the decision was “clearly the right conclusion”.

“We are committed to building the U.S. solar manufacturing supply chain and we believe there are policies in the Build Back Better Act that will help grow American manufacturing. We look forward to working with the Biden administration and Congress to get these critical policies, including Senator John Ossoff’s Solar Energy Manufacturing for America Act, over the finish line,” she said.

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

Premium
August 29, 2025
PV Tech Premium hears from Renewable Properties and Silicon Ranch about the new 'start of construction' rules for US solar projects.
August 28, 2025
Another high-level inter-departmental symposium on the PV industry was held in Beijing last week, which focused on four key areas including low-prices.
Premium
August 22, 2025
Radovan Kopecek and Joris Libal examine the technological and economic factors driving PV’s ascendancy, with emphasis on bifacial BC modules.
August 18, 2025
The Australian government of Victoria has released an amended version of the Victorian Transmission Plan, adding 200,000 hectares of area to develop renewable energy – in addition to 230,000 hectares proposed in the first draft.
August 18, 2025
US solar industry representatives have voiced concern at the US Treasury Department’s new “start of construction” rules for large projects.
Premium
August 14, 2025
JP Casey investigates efforts currently being made to standardise the offtake agreement for the renewable power sector.

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