Solar Panel Importer Seeks Stay in Case Over Revoked Tariff Exclusion
The Court of International Trade should stay proceedings in a case challenging President Donald Trump's reversal of a tariff exclusion on bifacial solar panels pending resolution of a similar matter, plaintiffs JinkoSolar (U.S.) Inc. and Jinko Solar (U.S.) Industries argued in an unopposed stay motion (JinkoSolar (U.S.) Inc. v. United States, CIT #22-00241). The case should be halted until the U.S. Court of Appeals for the Federal Circuit settles Solar Energy Industries Association, et al. v. United States, the brief said. In that case, the trade court found that the statute did not allow further trade-restricting measures once a tariff exclusion had been put in place (see 2111160032).
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In moving for a stay, Jinko argued that the move would ease administrative burden and promote judicial economy, and that the stay does not "present a possibility of damage to someone else." The stay does not bar the U.S. from collecting any Section 201 safeguard duties affecting Jinko's imports from October 2020 to Febraury 2022, the brief said. Further, carrying on with the case would "present hardship for the parties," the brief said, since the arguments from both Jinko and the U.S. "may evolve given the final resolution in SEIA."