Midway through the second term of solar safeguards, imports of solar panels (modules) and cells have been climbing, and the market has almost entirely shifted to bifacial solar panels, which were at first carved out of the safeguard. Whether a decision to revoke that exclusion in 2019 was legal is still being litigated (see 2311130031 and 2401290014).
Section 201 Safeguards
Section 201 or “safeguard” actions are steps the President can take to provide temporary relief for an industry through the imposition of tariffs or quotas to create a more competitive environment for said industry. Section 201 actions are considered consistent with U.S. international obligations if they conform to the World Trade Organization’s Agreement on Safeguards. To enact Section 201 Safeguards, a U.S. company must first file a complaint with the International Trade Commission, which then makes a determination if the industry is injured by the importation of the goods in question. If the investigation is affirmative, the President may enact the safeguards.
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