SHARE

June 10, 2022

Biden Uses Emergency Powers to Pause New Solar Import Tariffs—Frequently Asked Questions

You've Reached Your
Free Article Limit This Month
Subscribe now to get unlimited access to all Law.com OnPractice content. Your subscription is free.
Subscribe Now

On June 6, 2022, President Biden issued the Declaration of Emergency and Authorization for Temporary Extensions of Time and Duty-Free Importation of Solar Cells and Modules from Southeast Asia (emergency declaration), which provides for the importation of solar panels and cells from Cambodia, Malaysia, Thailand, and Vietnam free of certain duties for a two-year period to ensure "the United States has access to a sufficient supply of solar modules to assist in meeting our electricity generation needs." The declaration authorizes the secretary of commerce to issue regulations to specifically allow for the importation of solar cells and modules from those four countries without the imposition of any antidumping or countervailing duties.

Following are frequently asked questions as a result of Biden's declaration:

  • Can the president's authority be challenged? The emergency declaration, which was issued pursuant to the little-used 19 USC Section 1318(a) of the Tariff Act of 1930, may be challenged as beyond the executive reach; however, it may be difficult to override the president's use of emergency authority.
  • How does the emergency declaration affect the Auxin Investigation? The Commerce Department's anti-circumvention proceeding will continue, and a preliminary determination is expected at the end of August 2022.
  • Does the emergency declaration eliminate the risk of retroactive tariffs? No retroactive tariffs will be imposed on modules and cells imported from Cambodia, Malaysia, Thailand, and Vietnam during the suspension period: June 6, 2022-June 5, 2024. The suspension period may end sooner should the commerce secretary declare "the emergency…has terminated."
  • Will Commerce be issuing regulations? Commerce is anticipated to issue regulations to provide additional clarity on the question of retroactive tariffs between April 1, 2022, the date of the investigation, and June 6, 2022, the date of the announcement, should Commerce make an affirmative preliminary determination.
  • How will the determination in the Auxin case apply? Once Commerce has reached a final determination in early 2023 and the suspension period is over, the Commerce decision will apply to imports of cells and modules from those countries.
  • Does the emergency declaration protect against new tariffs? The president's declaration states that no new antidumping or countervailing duties on solar panels and cells from Cambodia, Malaysia, Thailand and Vietnam will be imposed during the emergency period, including should another petitioner bring a second circumvention case. However, existing Section 201 tariffs on solar products, in place since 2018, remain in effect.
  • Does the emergency declaration cover Chinese and Taiwanese imports? Antidumping duties also remain in effect on Chinese and Taiwanese imports of solar cells and modules.
  • Does the emergency declaration cover Section 301 duties? Section 301 duties remain in effect on certain solar products of China.
  • Does the emergency declaration cover the Uyghur Forced Labor Act? Biden's announcement does not impact the Uyghur Forced Labor Act, which takes effect June 21, 2022. Importers of cells and modules should be aware that there will be increased enforcement by U.S. Customs and Border Protection, and silicon products are considered high-risk for forced labor in the supply chain.

ALM expressly disclaims any express or implied warranty regarding the OnPractice Content, including any implied warranty that the OnPractice Content is accurate, has been corrected or is otherwise free from errors.

More From Greenberg Traurig

New York's Proposed Moratorium on Cryptocurrency Mining Operations

By William B. Mack Greenberg Traurig June 23 , 2022

On June 2, 2022, the New York Senate passed Senate Bill S6486D (the Bill), which would amend the state’s environmental conservation law and set forth a two-year moratorium on certain cryptocurrency mining operations in the state of New York. The Bill passed the New York Assembly earlier in 2022 and now awaits Gov. Kathy Hochul’s signature. If signed, the Bill would prohibit the issuance of permits for certain electric-generating facilities that provide energy for mining operations that use proof-of-work (PoW) authentication methods to validate blockchain transactions. The legislation also would require a comprehensive generic environmental impact statement review by the New York Department of Environmental Conservation in consultation with the state’s Department of Public Service.

Major Influencers Under the Loupe - Dutch Media Authority Publishes New Policy Rule Effective July 1

By Wouter van Wengen Greenberg Traurig June 23 , 2022

Success comes with a price. As of July 1, 2022, influencers with more than 500,000 followers (“Major Influencers”) will be under Dutch Media Authority (Commissariaat van de Media) supervision due to a new Policy Rule. As such, Major Influencers will be required to comply with additional advertising rules from the Dutch Media Act (Mediawet). This GT Alert reviews the reason for the new Policy Rule (Beleidsregel kwalificatie commerciële mediadiensten op aanvraag 2022)1, the conditions to qualify as a Major Influencer, and the additional advertising rules and implications. 

NYDFS Becomes First US Financial Regulator to Issue Stablecoin Expectations to Virtual Currency Industry

By Michael A. Berlin Greenberg Traurig June 22 , 2022

On June 8, 2022, the New York State Department of Financial Services (DFS) issued a new Regulatory Guidance, setting foundational criterial for USD-backed stablecoins used by DFS-regulated entities. This represents the first U.S. state agency to regulate issuers of stablecoins. Generally, issuers that currently issue U.S.-dollar-backed stablecoins under DFS supervision are expected to come into compliance with the Regulatory Guidance within three months. This GT Alert summarizes the Regulatory Guidance.

More From Energy

New rules of the game in consumer law

By Dr. Viola Bensinger Greenberg Traurig June 09 , 2022

On May 28, 2022, changes to various laws took effect that will help lead to innovations in consumer information obligations, the implementation of discount campaigns, and the design of online marketplaces and price comparisons. The changes indicate that non-compliance may in some cases result in severe regulatory penalties.

CFPB Circular 2022-03: Complex Lending Algorithms Cannot Excuse Failure to Provide Specific, Principal Reasons for an Adverse Credit Determination

By Tonya M. Esposito Greenberg Traurig June 07 , 2022

On May 26, the Consumer Financial Protection Bureau (the Bureau or CFPB) issued its third Circular, emphasizing that creditors must adhere to the Equal Credit Opportunity Act (ECOA) and Regulation B, even when they employ complex algorithms, sometimes referred to as uninterpretable or “black-box” models, to render credit decisions. The Circular explains that companies must provide an applicant with the precise reasons for the denial of a credit application or adverse action, even if the creditor company uses complex credit algorithm models that do not allow even the creditor itself to “accurately identify[] the specific reasons for denying credit or taking other adverse actions.”

CPPA Issues Draft CPRA Regulations

By David P. Saunders McDermott Will & Emery June 01 , 2022

On May 27, 2022, the California Privacy Protection Agency (CPPA) released draft regulations (though still not yet part of a formal rulemaking process) that include what would be seismic changes to California Privacy Rights Act (CPRA) requirements that businesses have been preparing for. Below, we summarize the significant changes that would be ushered in by the CPPA’s draft regulations

Featured Stories
Closeclose
Search
Menu

Working...