Solar Cell Importers, Exporters to Appeal CIT Decision Vacating Solar Cell Duty Pause
Various solar cell importers and exporters, led by the American Clean Power Association, will appeal a recent Court of International Trade decision invalidating President Joe Biden's duty pause on solar cells from four Southeast Asian countries. The importers and exporters will take the case to the U.S. Court of Appeals for the Federal Circuit.
Sign up for a free preview to unlock the rest of this article
Timely, relevant coverage of court proceedings and agency rulings involving tariffs, classification, valuation, origin and antidumping and countervailing duties. Each day, Trade Law Daily subscribers receive a daily headline email, in-depth PDF edition and access to all relevant documents via our trade law source document library and website.
The case followed the Biden administration's declaration under Section 1318(a) of the Trade Act of 1930 of an emergency due to a lack of "electricity generation capacity" (see 2401030071). Following the declaration, Commerce said it wouldn't collect AD/CVD on solar cells from Cambodia, Malaysia, Thailand and Vietnam covered by the agency's recent anti-circumvention proceeding.
Last month, the trade court held that Section 1318(a), which lets the president grant duty-free treatment to certain goods "for use in emergency relief work," doesn't cover solar cells and modules (see 2509020039). The court said the statute's plain text, which allows for the duty-free treatment of "food, clothing, and medical, surgical, and other supplies for use in emergency relief work," doesn't include solar cells.