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ARTICLE · 21 FEBRUARY 2018

Trump Administration Set To Decide Suniva's Solar Panel ITC Trade Case

Duane Morris LLP
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A petitioner under Section 201 must first demonstrate that imports of the product have increased.

United StatesIntellectual Property
  • It is anticipated that by no later than the end of January 2018 the Trump administration will decide what, if any, import relief will be granted to the domestic solar panel manufacturing industry.
  • Suniva petitioned the U.S. International Trade Commission (ITC) for import relief in May 2017, claiming domestic solar panel manufacturers have been seriously injured by increased solar panel imports.
  • The four ITC Commissioners unanimously agreed on September 22, 2017, that imported solar panels have caused "serious injury" to domestic manufacturers, and have now made varying remedy proposals to President Trump for his approval.
  • The potential impact on the domestic solar industry could be significant or relatively minor; however, the mere uncertainty around what the Trump administration might do has caused a "spike" in demand for solar panels as companies have stockpiled panels ahead of a potential imposition of tariffs or quotas on solar panel imports.

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