U.S. DOJ appeals against the reinstatement of bifacial panel exemption from Section 201 tariffs

The decision paves the way for a reversal of the exemption — could be a huge setback for the solar industry.

In mid-November, the U.S. Court of International Trade (CIT) passed a ruling that reinstated an exemption of bifacial solar panels from Section 201 tariffs.

What Happened?

Last week, the U.S. Department of Justice (DOJ) appealed against CIT’s ruling.

This appeal paves the way for a reversal of the exemption for bifacial panels.

“We are disappointed that the Department of Justice has appealed the Court of International Trade’s ruling,” said John Smirnow, General Counsel and Vice President of Market Strategy for the Solar Energy Industries Association (SEIA) in response to the appeal decision.

What Next?

A final decision on what happens with Section 201 tariffs depends on the Biden Administration next month — when the tariffs are due to expire.

The administration will have to decide to either interfere by extending the tariffs four more years as recommended by the U.S. International Trade Commission (ITC) or simply do nothing.

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