The Biden administration supported Trump’s position on solar tariffs in a document submitted to the U.S. Court of International Trade on Monday, a move that could undermine efforts to challenge these tariffs from the largest trade organization in the solar energy industry.
The new government asked the court to dismiss the complaints of some members of the solar industry on the grounds that they believed that President Trump’s October declaration was illegal. The announcement imposes tariffs on bifacial solar energy, which is excluded from the tariffs imposed on imported batteries and modules, and it also raises its fourth and final year tariff levels.
The US Department of Justice documents stated that the solar industry’s complaint “failed to provide reasonable evidence that the president’s decision involved a clear misunderstanding of the governing law, major procedural violations, or actions outside the scope of authorization.”
The department also argued that Trump “recovered tariffs on bifacial solar energy by “lawfully and completely exercising his powers” to “make up for loopholes identified by the President that are weakening the effectiveness of safeguards for solar products.”
The recall request is the latest turning point in the Trump administration’s year-long solar tariff battle established under Article 201 in January 2018. Most of the conflicts revolved around attempts by the previous government to dissolve the rejection of solar energy on both sides. It approved and subsequently withdrew these expert panels within a few months of 2019. The Solar Energy Industry Association and developers NextEra Energy, EDF Renewable Energy and Invenergy Renewable Energy challenged Trump’s statement in a case filed in December.
Biden’s government documents may provide some inspiration for the new president’s somewhat opaque stance on solar power prices. During the presidential campaign, Biden vowed to achieve unprecedented clean energy infrastructure construction. But he also emphasized the central role of American manufactured goods and domestic employment growth.
The US Trade Representative said this month that the government will review past trade policies, including solar trade policies.
Holland & Hart’s lawyer Dave Glynn said that the DOJ’s filing may lead to the termination of the case. But this does not mean that the government “will not solve the tariff issue on solar panels in other ways.”
Glynn said in an email: “The US Department of Justice is making legal conclusions, but it has not clearly stated the possible benefits of banning tariff increases and continuing to exclude double-sided panels. Biden has publicly expressed support for renewable energy. , So I hope he will take a different approach and pass the law to exercise his power to relieve his responsibility that hinders his long-term energy policy. He also needs to strike a balance between this goal and the goal of getting more Americans to work. This It is the argument put forward by the plaintiff.”
Biden’s interest in stimulating the work of the United States in clean energy has prompted several policy experts to increase the possibility of continuing to impose certain tariffs on imported solar energy.
Jeff Navin, the co-founder of consulting firm Boundary Stone Partners, told Greentech Media in August: “Just because Trump is for a certain purpose does not mean Joe Biden (Joe Biden) No.” Navin worked in the Department of Labor and Energy during the Obama administration. He said that in the Biden administration, tariffs are likely to “still on the table.”
At the same time, Biden’s voice to face this problem is getting louder and louder. In February, the 17 CEOs of the Solar Energy Development Corporation and the Renewable Energy Trade Organization wrote to Biden, repealing what President Trump called the “punishmental and misconceived” statement. In December, 12 Senate Democrats also sent a letter to Biden demanding the removal of tariffs.