CAFC Denies Injunction Request From Solar Importer Facing Safeguard Duties

The U.S. Court of Appeals for the Federal Circuit on June 15 ruled against a challenge to Section 201 safeguard duties on solar cells, affirming a recent Court of International Trade decision not to put the duties on hold by way of an injunction. Like CIT did in a “careful and thorough opinion” issued in March (see 1803060027), the Federal Circuit found Silfab, a U.S. importer, and two Canadian exporters, Heliene and Canadian Solar, are not likely to succeed in their challenge because President Donald Trump acted within his authority when he issued the Section 201 safeguards. Among other things, the appeals court found that disagreement at the International Trade Commission and the lack of a unified recommendation on remedy doesn’t mean Trump couldn’t set the tariffs anyway, because the ITC had already found injury, CAFC said. The president also had the authority to set duties on Canada despite the lack of an ITC recommendation to do so, CAFC said.