In a dramatic reversal, US solar tariffs on China are suspended, leaving billions of dollars hanging in the balance.

The latest news is that the retroactive imposition of tariffs on solar products previously imported into the United States has been temporarily suspended pending the outcome of the appeal.

At the end of August, the U.S. Court of International Trade (CIT) ruled that the Biden administration's two-year suspension of antidumping and countervailing duty (AD/CVD) tariffs on a large number of Chinese-made solar product imports from Southeast Asia was unlawful.
The ruling in the case, brought by Auxin Solar and Concept Energy, paves the way for retroactive tariff payments on Solar Energy imported into the United States between June 2022 and June 2024, potentially amounting to tens of billions of dollars.
However, the defendant-intervenors in the case have appealed the decision to the U.S. Court of International Trade. These include trade bodies, the Solar Energy Industries Association and the U.S. Clean Power Association, developer NextEra Energy, and several companies whose products were affected by the August ruling, including most of the major Chinese module manufacturers such as JA Solar Technology, Trina Solar, Canadian Solar, and JinkoSolar.
The court granted the appellants' request to suspend the imposition of tariffs pending the outcome of the appeal. It also directed U.S. Customs to suspend the liquidation of any unliquidated imports, meaning those that may still be subject to tariffs. The appellants' briefs in the appeal are due by November 17. In their motion requesting a stay of the tariffs, the defendants emphasized that "substantial" modules were imported during the period of suspension of anti-dumping and countervailing duties, when they believed they would not be subject to such duties. They argued that a court reversal of this anticipated decision would have a "significant impact" amounting to "billions of dollars" on the US solar industry.

The motion details the consequences of these liabilities, adding: "Without the suspension, the imposition of these tariffs would impose a significant financial burden on these companies, leading to severe economic consequences and disrupting contracts, business relationships, and substantial investment in the United States. The defendant intervenors would have no choice but to obtain substantial loans at unfavorable interest rates, scale back their US operations, strain relationships with customers and stakeholders, and potentially even declare bankruptcy if they are unable to finance the substantial retroactive tariff bills."

Thus, suspending the tariffs would provide temporary relief to importers facing potentially substantial bills.

A partner at Morgan Lewis LLP noted that if the US Court of International Trade's ruling is affirmed on appeal, products imported during the suspension period would still face the ongoing risk of "significant additional tariffs." "Currently, companies are advised to coordinate with producers and exporters, submit certification documents, and monitor the clearance status of their imported shipments to ensure that any products not covered by the order are not subject to antidumping and countervailing duties," the lawyers wrote.

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