October 17, 2017

October 17, 2017

Subscribe to Latest Legal News and Analysis

October 16, 2017

Subscribe to Latest Legal News and Analysis

U.S. Trade Commission Finds Domestic Injury from Foreign Solar Imports

In a ruling highly anticipated and hotly debated in the solar industry, the U.S. International Trade Commission determined in a unanimous 4-0 decision today that foreign imports of solar modules caused “serious injury” to U.S. companies under Section 201 of the 1974 Trade Act. The determination concerns “Crystalline Silicon Photovoltaic Cells (Whether or Not Partially or Fully Assembled Into Other Products).”

The Commission is expected to hold a hearing on October 3 to consider potential remedies and issue a recommendation to President Trump by November 13.

Abigail Ross Hopper, president and CEO of the Solar Energy Industries Association (SEIA) responded via a press statement, arguing that potential trade barriers will raise the price of solar energy, reduce demand, chill private sector investment, and result in thousands of U.S. solar industry job losses. Looking ahead, Ross Hopper said:

“While we continue to believe that this is the wrong decision, based on Suniva and SolarWorld’s mismanagement, we respect the commission’s vote and we will continue to lead the effort to protect the solar industry from damaging trade relief. We expect to be front and center in the ITC remedy process, and in the administration’s consideration of this deeply-flawed case.

“As the remedy phase moves forward, I am determined to reach a conclusion that will protect the solar industry, our workers and the American public from what amounts to a shakedown by these two companies. An improper remedy will devastate the burgeoning American solar economy and ultimately harm America’s manufacturers and 36,000 people currently engaged in solar manufacturing that don’t make cells and panels.”

Here is brief recap of the timeline of the Section 201 case, and the proceedings we can expect in the days ahead:

© 2017 Foley & Lardner LLP

TRENDING LEGAL ANALYSIS


About this Author

Legal, Business, Jeffery Atkin, Foley Lardner, Environmental Attorney
Partner

Jeffery R. Atkin is a partner and business lawyer with Foley & Lardner LLP. His areas of practice cover a broad range of business and financial matters, including renewable energy, project finance, private placements, mergers and acquisitions, joint ventures, real estate development and equipment procurement and leasing. Mr. Atkin is chair of the Solar Energy Team, co-chair of the Energy Industry Team, and a member of the Latin America Practice.

Mr. Atkin’s experience in renewable energy and project finance includes representing developers,...

213.972.4557
John A. Eliason, Foley Lardner, Tax Lawyer, Energy Industry Attorney
Partner

John A. Eliason is a partner and business lawyer at Foley & Lardner LLP. He provides tax, legal, and business advice to financial institutions, equity investors, manufacturers, and project developers in the energy sector and is co-chair of the firm’s Energy Industry Team.

Mr. Eliason regularly represents clients participating in wind, solar, and other renewable energy transactions that rely on tax and other federal and state incentives such as investment tax credits, production tax credits, bonus depreciation, and other government incentive programs. He helps clients maximize benefits available through the use of sale-leasebacks, flip partnerships, and other tax-driven structures. Mr. Eliason also regularly represents energy clients in front of both the Department of Treasury and the Internal Revenue Service.

202.295.4100
Saltz, Foley, portrait
Associate

Felipe Saltz is an associate and business lawyer with Foley & Lardner LLP. He is a member of the firm’s Finance & Financial Institutions and the Transactional & Securities Practice.

Mr. Saltz gained experience as a legal intern with the Special Olympics in Washington, D.C., the Golden State Warriors in Oakland, California, and as a summer associate with Foley. He has drafted certificates, disclaimers, employment agreements, grant agreements, resolutions, promissory notes, release forms, sponsorship agreements, employment agreements,...

213-972-4746
Joel Meister, Foley Lardner Law Firm, Washington DC, Energy Law Attorney
Associate

Joel Meister is an associate and business lawyer with Foley & Lardner LLP. He is a member of the firm’s Finance & Financial Institutions Practice and the Energy Industry Team.

Before joining Foley, Mr. Meister was a manager in Deloitte Tax’s Washington National Tax (WNT) office, in the Federal Tax Accounting, Periods, Methods, and Credits group. His practice focused on renewable energy transactions, assisting project sponsors and investors with issues associated with the section 48 Investment Tax Credit (ITC), section 45 Production Tax...

202-672-5468