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ARTICLE · 23 JUNE 2017

Suniva/SolarWorld Section 201 Solar Panel Proceeding

On May 23, 2017, the U.S. International Trade Commission ("USITC") initiated a proceeding under section 201 of the Trade Act of 1974 to determine if imports of crystalline solar photovoltaic ("CSPV") cells...

United StatesInternational Law

On May 23, 2017, the U.S. International Trade Commission ("USITC") initiated a proceeding under section 201 of the Trade Act of 1974 to determine if imports of crystalline solar photovoltaic ("CSPV") cells and modules are causing "serious injury" to domestic producers of CSPV cells and modules. If the USITC issues an affirmative injury determination in the proceeding, it will recommend to the President that he impose CSPV cell and module import restraints that would, in the agency's view, offset injury experienced by the U.S. CSPV industry. Under section 201, the President would then either accept the proposed remedy, adopt an alternative remedy, or impose no remedy at all.

This proceeding is of critical importance to the entire U.S. solar industry. Absent settlement of this controversy, it appears to us that, more likely than not, this case will lead to quantitative restraints on imports of solar cells and modules (perhaps negotiated with supplying nations),

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