Section 201 Fear Back To Haunt Bifacial Solar

• The US Department of Justice has appealed against the CIT decision to exclude bifacial panels from Section 201 tariffs
• SEIA says it is disappointed with the appeal calling it a 'misstep' on the part of the government
• If not extended by the US President, Section 201 tariffs are set to expire in February 2022

Trouble for bifacial solar panels imported into the US is far from over as the US Department of Justice (DOJ) has filed an appeal to bring these modules back under Section 201 tariff regime, even as the country eyes massive solar deployment under the Joe Biden administration.

The appeal is against the US Court of International Trade (CIT) decision in November 2021 that upheld the exclusion of bifacial panels from the tariffs. However, analysts at Roth Capital Partners saw strong probability for the tariffs to be extended further saying US government may appeal against the CIT decision (see Once Again, No Section 201 For Bifacial Panels).

The solar industry is not happy about the appeal saying it is 'disappointed'. The General Counsel and Vice President of Market Strategy for the Solar Energy Industries Association (SEIA), John Smirnow explained, "Continuing this legal fight in light of the history of the case is another government misstep in this long and tortured saga and provides no benefit to the American workers, public, or clean energy goals."

Meanwhile the US International Trade Commission (USITC) has recommended President Biden to continue with Section 201 tariffs on imported solar products that are due to expire in early February 2022, if not extended (see USITC Wants Section 201 Tariffs To Continue).