The Biden Administration is now placing imported bifacial photo voltaic panels again below Sec. 201 tariffs, after which specialised photo voltaic panels get pleasure from a two-year exemption from extra duties first initiated by President Biden in 2022.
Credit: Appalachian Renewable Power Systems (ARP Solar)
This choice is a part of the unique proper of the President to make modifications to the in-progress tariffs below Sec. 201 of the 1974 Trade Act, after the US International Trade Commission (USITC) filed its midterm report in February of this yr. All imported photo voltaic panels (no matter nation of origin) now have a tariff of 14.25% as a option to shield home photo voltaic panel producers from cheaper merchandise coming from overseas. Bifacial panels have been initially exempt from tariffs as a result of there was no important home manufacturing capability within the specialty product. This causes extra bifacial modules to be imported into the United States than monofacial panels, which undermines the aims of the unique safeguard measure.
Data from Customs and Border Protection discovered that 7.3 GW of bifacial panels and 10.1 GW of monofacial panels have been imported in 2020. During the interval January-June 2023, 12.4 GW of bifacial panels and 1.4 GW of monofacial panels have been imported. import — a outstanding flip in desire, with bifacial modules taking 81.6% of the imported module share. There are studies that bifacial modules account for round 98% of imports as we speak.
Biden’s choice to reverse the bifaical exemption might have been influenced by a current petition by the US Trade Representative of Hanwha Qcells and supported by fellow home producers First Solar, Heliene, Suniva, Silfab, Crossroads Solar, Mission Solar and Auxin Solar. Manufacturers have said that the rise in imports of bifacial panels has prompted firms to rethink their plans to fabricate at residence, an effort that’s private to President Biden and inspired by Inflation Reduction incentives. Act.
Timothy Brightbill, associate at Wiley Rein and commerce counsel of the American Alliance for Solar Manufacturing, gave an announcement on World of Solar Power after the midterm report was filed in February: “There have been a number of necessary bulletins of recent photo voltaic manufacturing capability within the US because of the Inflation Reduction Act. It is crucial that we rebuild America’s photo voltaic provide chain and our management on this trade. However, all these new plans at the moment are undermined and threatened by a world improve in imports and large value cuts. According to most studies, costs have dropped by 50% or extra, and imports are at the very least double the present demand, resulting in the storage of photo voltaic panels in warehouses, the place they may proceed to depreciate. market,” he stated.
The Biden Administration has supplied little safety to bifacial importers. Those with prior contracts for bifacial photo voltaic modules to be delivered inside 90 days of the elimination at the moment are in a position to certify contracts that may proceed to make use of the exclusion for that interval.
In addition to bifacial panels shedding their exemption, the Biden Administration stated it will improve the tariff-rate quota (TRQ) on silicon photo voltaic cells to 7.5 GW, if obligatory. Currently, the primary 5 GW of silicon photo voltaic cells imported every year are exempt from tariffs, however the Biden Administration says it would enable 7.5 GW by means of untariffed. US panel assemblers imported solely 3.6 GW of photo voltaic cells in 2023, however imports elevated within the first few months of 2024.
Mike Carr, the manager director of the Solar Energy Manufacturers for America (SEMA) Coalition responded to as we speak’s information:
“We applaud the Biden administration for closing the loophole within the 201 safeguard bifacial exemption that was opened by the earlier administration. The 201 safeguard is so weakened that it’s largely irrelevant by means of the bifacial exclusion. Removing the exemption returns a 15% tariff, which gives important, however sadly not but enough, reduction from anti-competitive commerce practices till the tariff is ready to run out in February 2026.
Abigail Ross Hopper, president and CEO of the Solar Energy Industries Association (SEIA), launched an announcement:
“The administration has taken one other step to help American photo voltaic module producers by rising the Sec. 201 tariff charge quota on cells, if obligatory. This step gives an necessary bridge for module producers to entry the availability they want because the United States continues to advance photo voltaic cell manufacturing.Today’s choice will assist create a robust, sustainable module manufacturing sector -on cell manufacturing in the long term.
