USTR Intends to Apply Safeguard to Bifacial Solar Panels in Mid-May
The Office of the U.S Trade Representative intends to apply the safeguard tariffs on imported solar panels to bifacial solar panels, it said in a notice. The USTR said it will ask the U.S. Court of International Trade to lift its injunction against applying the safeguard tariff to this category (see 1912050063), but said regardless of when CIT lifts the injunction, it will apply the tariff no earlier than 30 days after May 18.
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CIT said that USTR likely violated the Administrative Procedure Act when it tried to apply the safeguard to bifacial panels in October, because it did not request comments. It did request such comments in January, and the notice says that “based on an evaluation of the comments received, and responses to those comments, and in consultation with the Secretaries of Commerce and Energy, the U.S. Trade Representative has determined that the bifacial solar panel exclusion is undermining the objectives of the safeguard measure.” CIT could continue to block the collection of the safeguard on bifacial panels.