Stefan Reisinger, partner at Norton Rose Fulbright's Washington office, provides an update on the tariff moratorium for solar modules imported from Vietnam, Malaysia, Thailand, and Cambodia. He discusses the recent lawsuit challenging the moratorium, its implications, and the outlook for importers. Super Bowl predictions are also shared.
The recent lawsuit challenging the tariff moratorium on solar modules imported from Vietnam, Malaysia, Thailand, and Cambodia questions both the commerce rules enforcing the moratorium and the authority used by President Biden to enact it.
The litigation surrounding the tariff moratorium is expected to extend beyond June 2024, potentially resulting in additional duties on entries covered by the moratorium and retroactive duties dating back to April 2022.
Deep dives
Biden Administration's Tariff Moratorium
The podcast discusses the Biden Administration's 24-month tariff moratorium on modules and cells imported on or before June 6, 2024. It highlights the recent challenge brought by Oxen and Concept Clean Energy against the moratorium. The challenge questions both the commerce rules enforcing the moratorium and the underlying authority that President Biden issued to enact it. This development has significant implications for importers and developers, potentially leading to duties for certain entries from Malaysia, Thailand, Vietnam, and Cambodia.
Plaintiffs' Challenge and Relief Sought
The podcast explains that the plaintiffs in the lawsuit are challenging both the commerce rules and President Biden's proclamation. Their goal is to invalidate the moratorium and have customs collect cash deposits for applicable anti-dumping and accountability duties on imports covered by the moratorium. To succeed, the plaintiffs must demonstrate that commerce disregarded its regulatory requirements and that the authority used by President Biden was not suitable for this type of action.
Timeline and Potential Implications
The podcast outlines the timeline and potential outcomes of the litigation. While the litigation is expected to extend beyond June 2024, a preliminary injunction has been requested by the plaintiffs to freeze entries covered by the moratorium. If granted, this could result in additional duties on those entries. Importers and developers should be aware of potential retroactive duties dating back to April 2022. The podcast also mentions that there is currently no solid evidence of the Biden administration considering an extension to the moratorium, which adds further uncertainty to the situation.
Stefan Reisinger, partner in Norton Rose Fulbright’s Washington office, joins us to give an update on the tariff moratorium applied to solar modules imported from Vietnam, Malaysia, Thailand and Cambodia first implemented in June 2022. He also speaks about the recent lawsuit challenging the moratorium by Auxin Solar and Concept Clean Energy, the possible implications of the lawsuit, and the outlook for importers.
Please listen to the end to hear our Super Bowl picks!
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