• Remedy Phase Begins after ITC Finds that Imports Injured US Solar Industry
  • September 26, 2017 | Authors: Mark D. Herlach; Samina M. Bharmal
  • Law Firm: Eversheds Sutherland (US) LLP - Washington Office
  • Today the US International Trade Commission (ITC) issued a unanimous decision under Section 201 of the Trade Act of 1974 that imported solar panels are the “substantial cause” of serious injury or the threat of serious injury to the US industry that manufactures solar panels. As noted in prior alerts,1 based on this affirmative injury finding, the US solar industry could face higher tariffs on imported solar panels.

    The next phase of the investigation offers interested parties an opportunity to defend their interests and provide their views to the ITC on the form of remedy the Commission will recommend to the President, who will ultimately decide whether to impose relief. The President’s decision could profoundly change the market and affect existing supply chains for US solar projects.

    Below is a schedule of key deadlines for parties to participate in the ITC’s consideration of possible remedies:

    • September 27, 2017. Deadline to request permission to testify at the October 3 hearing on remedy.
    • October 3, 2017. ITC hearing on remedy in Washington, DC.
    • October 10, 2017. Deadline to submit written statements on proposed remedies.
    • November 13, 2017. Deadline for the ITC to submit remedy recommendations to the President.

    The Eversheds Sutherland international trade and renewable energy teams will continue to monitor and report on any further developments regarding the implications of the Suniva Section 201 petition and related import relief measures.

    1 For more information on the investigation, see the Eversheds Sutherland alerts: Solar Industry Import Drama Continues (May 23, 2017); ITC Opens Section 201 Investigation of Imported Solar Cells (May 26, 2017); ITC Holds Section 201 Hearing on Solar Imports (Aug. 17, 2017).