Solar

A group of U.S.-based solar manufacturers have filed AD and CVD petitions with the U.S. Department of Commerce and the International Trade Commission.

On December 8, 2022, the U.S. Department of Commerce (“USDOC”) published its preliminary determination that certain manufacturers of solar energy products in Malaysia, Vietnam, Thailand, and Cambodia that rely on Chinese-origin inputs are circumventing U.S. antidumping and countervailing duties relating to crystalline silicon photovoltaic cells and modules of Chinese origin.

The solar industry has faced challenges from a trade investigation underway at the Commerce Department, but a new Executive Order from the White House aims to calm industry nerves…for now. Is the solar industry back to business as usual? Foley’s Renewable Energy practice chair, Dave Clark, and the former acting general counsel and chief of staff at the Commerce Department, Mike Walsh, break it all down and unpack what’s next for the Auxin investigation.

After months of speculation over actual and potential disruption to the U.S. solar market stemming from the U.S. Department of Commerce’s pending investigation into circumvention of duties by solar panel manufacturers in Cambodia, Malaysia, Thailand, and Vietnam, the White House declared an emergency on June 6, 2022 and directed the Secretary of Commerce to consider using emergency powers to permit solar panel manufacturers to import panels from Cambodia, Malaysia, Thailand, and Vietnam free from any circumvention duties for up to two years.

On May 2, 2022, Commerce released a memorandum to “All Interested Parties” that clarifies the scope of the investigation into the alleged circumvention of tariffs on certain solar cells and solar modules imported into the United States from Malaysia, Thailand, Vietnam or Cambodia, originally announced by Commerce on March 28, 2022.

A large number of key players in the renewable energy industry, including investors, developers and banks converged in Scottsdale Arizona on March 7-March 9 for the Annual Infocast Solar + Wind Finance & Investment Summit.

On March 28, 2022, the U.S. Department of Commerce announced it would launch an investigation into alleged circumvention of duties for solar panels imported into the United States from Malaysia, Thailand, Vietnam, and Cambodia.

Foley recently sponsored the eleventh annual Renewable Energy Summit in Madison, Wisconsin. The event’s 2022 theme was “All Roads Lead to Clean Energy.”

On February 4, 2022, the White House announced that President Biden extended for another four years the Section 201 tariffs on imported crystalline silicon solar panels.