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),