Akin Gump Represents Solar Energy Industries Association in Sec. 201 Tariff Win
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(Washington, D.C.) – Today, the Biden-Harris administration announced that it will extend the Section 201 safeguard tariffs on imported crystalline silicon photovoltaic (CSPV) solar panels and on imported CSPV solar cells above an annual 5-gigawatt (GW) tariff rate quota, maintaining a policy set by former President Trump that was set to expire as of February 2, 2022.
The decision confirms the continued exclusion from safeguard tariffs for bifacial panels, used in utility-scale projects, and doubles the tariff rate quota for cells, which had been set at 2.5 GW. A team from Akin Gump represented Solar Energy Industries Association (SEIA) over the last several years to find a balanced solution to Section 201 tariffs and preserve the exclusion for bifacial panels.
SEIA supports upholding the exclusion for bifacial panels to ensure sufficient supply for the utility-scale market segment while also increasing the tariff rate quota for cells, the latter of which benefits both domestic module manufacturers and its customers in the residential, commercial and industrial segments. The association seeks to ensure the legacy of American solar manufacturing by advancing the passage of long-term federal investments in domestic manufacturing and, in particular, the Solar Energy Manufacturing for America Act.
Commenting on the decision, Akin Gump international trade partner Matthew Nicely stated, "This is a huge victory for the solar industry and our clients. Although the safeguard measures on CSPV solar panels and cells have been extended, the most important product—bifacial panels—has been exempted, which is by far the largest and most critical to increasing solar deployment and, ultimately, fighting climate change."
To learn more, please click here. To read the Biden-Harris administration announcement, click here.
The Akin Gump team advising SEIA was led by Mr. Nicely and included international trade counsel Julia Eppard and Daniel Witkowski.
Akin Gump Strauss Hauer & Feld LLP is a leading international law firm with more than 900 lawyers in offices throughout the United States, Europe, Asia and the Middle East.
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