Court Upholds Tariff Exclusion for Bifacial Solar Modules as SEIA Continues its Legal Fight

The U.S. Court of International Trade (CIT) will allow the exclusion from Section 201 tariffs for bifacial modules to remain in place for the foreseeable future. In early October, the Office of the U.S. Trade Representative (USTR) attempted to revoke the exclusion, a decision which SEIA and several solar companies immediately challenged. In today’s decision, the CIT preliminarily determined that USTR’s revocation of the exclusion, including the absence of appropriate notice and comment, was likely improper and that revocation should not take effect while the case proceeds.

Following is a statement from Abigail Ross Hopper, president and CEO of the Solar Energy Industries Association (SEIA):

“This is an important temporary reprieve for the bifacial module exclusion. We will continue to make the case that the Section 201 tariffs are harming the U.S. industry and the American consumer and that the bifacial exclusion was a fair and reasonable solution to the problem of domestic module supply shortages. In the utility segment, for example, there is approximately only 1 GW of domestic crystalline silicon photovoltaic capacity to service nearly 10 GW of 2020 demand. Continued harsh tariffs will cut billions of dollars in private investment and put a hold on 62,000 American jobs.”

Earlier this week, SEIA released new data that shows the devastating impact the section 201 tariffs have had on the solar industry, causing the loss of 62,000 U.S. jobs and $19 billion in private sector investment.

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About SEIA®: 

Celebrating its 45th anniversary in 2019, the Solar Energy Industries Association® is the national trade association of the U.S. solar energy industry, which now employs more than 242,000 Americans. Through advocacy and education, SEIA® is building a strong solar industry to power America. SEIA works with its 1,000 member companies to build jobs and diversity, champion the use of cost-competitive solar in America, remove market barriers and educate the public on the benefits of solar energy. Visit SEIA online at www.seia.org.

Media Contact: 

Jen Bristol, SEIA’s Director of Communications, jbristol@seia.org, (202) 556-2886