Government decides to not appeal CIT ruling on retroactive solar panel tariffs
Summary
The U.S. federal government has opted not to appeal a ruling requiring Customs and Border Protection to retroactively collect two years of tariffs on imported solar panels. The U.S. Court of Appeals has granted the dismissal of the appeal.
Key Insights
What is the CIT and what was its ruling on the solar panel tariffs?
The U.S. Court of International Trade (CIT) ruled that the Biden administration's two-year moratorium (June 2022 to June 2024) suspending antidumping and countervailing duties (AD/CVD) on solar cells and modules from Cambodia, Malaysia, Thailand, and Vietnam was unlawful, requiring U.S. Customs and Border Protection to retroactively collect these duties on imports during that period.
Sources:
[1]
What does the government's decision not to appeal mean for solar importers?
By not appealing the CIT ruling, the government allows it to stand, enabling immediate retroactive collection of potentially tens of billions in duties on unliquidated solar imports from the moratorium period, which could impose duties up to over 200% of import values and create financial uncertainty for importers, developers, and utilities.