It’s been one month since Auxin Photo voltaic sued the U.S. federal authorities for not amassing anti-dumping/countervailing duties (AD/CVD) on Southeast Asian photo voltaic imports, a narrative that first broke right here on Photo voltaic Energy World.
Namaste Photo voltaic
President Joe Biden issued an emergency proclamation in June 2022 that paused any retroactive or new duties on photo voltaic cells and panels from Cambodia, Malaysia, Thailand and Vietnam that use Chinese language parts to make sure the USA had ample provide of photo voltaic panels throughout the Dept. of Commerce’s AD/CVD investigation into alleged circumvention. When Commerce made an affirmative resolution that the Southeast Asian imports have been certainly circumventing present Chinese language tariffs, the division mentioned responsibility assortment would start after Biden’s emergency pause was lifted in June 2024.
Auxin sued Commerce and Customs and Border Safety (CBP) final month for not amassing AD/CVD on Southeast Asian imports, claiming that Commerce was not required to observe Biden’s two-year pause. Auxin is asking the U.S. Court docket of Worldwide Commerce (CIT) to place an finish to the two-year pause, opening up the chance for retroactive duties.
Just a few issues have occurred because the Dec. 29, 2023 lawsuit. Auxin filed for a preliminary injunction on Jan. 9, in search of Biden’s pause to be suspended whereas the case is investigated. The preliminary injunction was primarily withdrew on Jan. 25 when Auxin (working with defendants Commerce and CBP) filed for a “joint stipulation in lieu of preliminary injunction.” The joint-stipulation states the likelihood for reliquidation of beforehand unliquidated module imports below the two-year pause. It’s not a requirement, however it opens the door to retroactively apply duties to photo voltaic panels imported within the final two years. A call on the joint-stipulation may take months, and CIT has not launched a schedule.
The federal government filed a movement to dismiss with Choose Timothy Reif of the CIT on Jan. 22 for “lack of subject material jurisdiction.” Commerce mentioned that Auxin had its likelihood to problem President Biden’s two-year pause throughout the circumvention inquiry (and Auxin and others made “many such arguments,” Commerce mentioned), and Commerce addressed these considerations in its remaining dedication. As a result of Commerce had additionally introduced, previous to its remaining dedication, that it could apply the two-year pause, Auxin couldn’t now ask the CIT to have Commerce reverse its remaining dedication.
Eight events have filed motions to intervene in assist of Commerce and CBP — advocacy teams American Clear Energy Affiliation (ACP) and the Photo voltaic Power Industries Affiliation (SEIA); utility-scale builders NextEra and Invenergy; and worldwide photo voltaic panel producers BYD, Canadian Photo voltaic, JA Photo voltaic and Trina Photo voltaic. All eight events expressed their assist of the defendant aspect in Jan. 26 and Jan. 29 filings to Choose Reif, repeating the federal government’s argument in its movement to dismiss.
“[Auxin] waived any arguments that the cures accessible … are manifestly insufficient by failing to boost this subject of their criticism,” lots of the paperwork acknowledged, insinuating that Auxin already exhausted its efforts to place an finish to the two-year pause and this new lawsuit had no advantage.
Photo voltaic Energy World has reached out to the concerned events for remark and can replace this information as soon as extra particulars can be found.
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