ITC Decision Could Cloud Outlook For Solar Project Developers

A recent decision by the U.S. International Trade Commission ("ITC") could have long-term consequences for the U.S. solar industry. On September 22, 2017, the ITC found, by a vote of 4-0, that rising imports have caused "serious injury" to domestic manufacturers of solar photovoltaic ("PV") panels, thus supporting trade barriers restricting solar panel imports. The ITC will now have until mid-November 2017 to recommend remedies to President Trump, who may exercise his sole discretion in determining which safeguards are to be implemented.

Suniva Inc., a U.S.-based PV panel producer, filed a petition with the ITC earlier this year pursuant to Section 201 of the 1974 Trade Act and was later joined by SolarWorld Americas Inc. Together, they argued that the large numbers of crystalline silicon cells and panels imported into the United States had harmed American PV manufacturing firms and requested that the ITC levy a 40-cent per watt tariff on solar PV cells brought into