On April 26, 2017 Suniva, one of the largest U.S. solar manufacturers of high-efficiency solar cells and panels, filed a rarely-used section 201 petition of the Trade Act of 1974 with the U.S. ITC calling for a global safeguards investigation. After declaring Chapter 11 bankruptcy just one week prior, the company stated that Suniva would perish for good unless the government immediately imposed new import tariffs on solar cells and minimum import prices on modules imported from around the globe.
Section 201 cases are investigated by the ITC. The ITC is required to make its finding within 150 days and if it determines that there is injury to the U.S. solar cell and panel industry as the result of increased imports, it must send its recommended remedy to the president within 180 days. President Trump will make his decision on whether to endorse the ITC's recommendations and impose potential import tariffs, import volume limits, trade adjustment assistance, or any combination thereof, if "serious injury" is proven, or undertake other measures allowed under the law, by late October 2017.
Baker Botts’ Washington lawyers, Ama Adams, Elaine Walsh and Matthew West, are available to discuss the likely short and long-term impact of the Suniva case on the U.S. and global solar industry.
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