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Solar Safeguard Exclusion Rescinded as of Oct. 28

The Office of the U.S. Trade Representative has reversed its decision to exclude double-sided solar panels, primarily used for utility-scale projects. The notice says that the bifacial solar panels will be subject to a 25 percent safeguard tariff starting Oct. 29, after USTR "determined it will undermine the objectives of the safeguard measure."

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The Solar Energy Industries Association responded to the news saying, “We’re obviously disappointed by USTR’s decision to revoke the bifacial panel exemption. USTR granted the exemption only four months ago, and only after a year-long process that included notice and comment and inter-agency review. In an extraordinary and unprecedented turn of events, the exemption was quickly rescinded without any opportunity for public notice and comment. This is unnecessarily squeezing the supply of panels in the United States, thereby inflating prices for consumers. ... We look forward to making our case during the pending midterm review.”