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Trump Decision to End Solar-Trade Loophole Is Overturned by U.S. Court -Breaking

by Mike Robinson

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© Bloomberg. On Thursday, June 3rd 2021, photovoltaic panels were installed at North Palm Springs 1, Whitewater (California), U.S.A. This summer’s heat is expected to cause power cuts in communities across the country, including New England and California.

(Bloomberg), — An American trade court overturned last year’s decision by Donald Trump to eliminate a tariff exemption for domestic solar developers.

The former president’s proclamation that closed a loophole for solar panels that generate power on both sides “constituted an action outside the President’s delegated authority,” U.S. Court of International Trade Judge Gary Katzmann said in a ruling Tuesday.

Although the ruling does not affect solar companies that invested in domestic production after Trump’s 2018 tariffs, it will benefit developers in America who successfully fought for tariff exemption for two-sided (or bifacial) solar panels.

READ: Biden DOJ Says Trump ‘Lawfully’ Killed Solar-Tariff Loophole

The decision comes months after the trade court ruled Trump’s proclamation hadn’t violated an earlier order, effectively allowing his administration to end the exclusion. In December, a Washington-based solar-trade group and some developers challenged the proclamation, contending the administration “failed to follow the required procedures” before acting.

Trump approved tariffs for solar equipment imports starting at 30%. Later, the Trump administration surprised many by exempting bifacial solar panels. They were niche products but the tariffs encouraged solar manufacturing and imports of modules exempted by those duties presented a risk.

©2021 Bloomberg L.P.

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