USTR Seeks Comments on Solar Safeguard Exclusion for Bifacial Panels
The Office of the U.S. Trade Representative seeks comments on its recently reinstated exclusion for bifacial solar panels from Section 201 safeguard duties on solar cells. USTR says it is considering whether to again revoke the exclusion, maintain it or “take some other action with respect to this exclusion.” After creating the bifacial exclusion in June 2019 (see 1906120019), USTR had rescinded the exclusion in October based on concerns that it was undermining the solar safeguard (see 1910080054). The Court of International Trade issued an injunction barring the exclusion’s withdrawal in December after finding USTR violated procedural rules by not allowing for public comment (see 1912050063).
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USTR says it is concerned that the bifacial panel exclusion “will result in significant increases in imports of bifacial solar panels and therefore will undermine the objectives of the safeguard measure.” It also says that “the precise definition of bifacial solar panels excluded from the safeguard measure may require clarification,” and that the exclusion is too broad. If USTR decides after receiving comments “that it would be appropriate to withdraw the bifacial exclusion or take some other action with respect to this exclusion,” USTR will request that CIT lift its injunction. Comment are due Feb. 17, and responses are due Feb. 27.