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ITC Re-Adds Solar Cells Safeguard Exclusion to Tariff Schedule After Effective Date Delayed

The International Trade Commission quietly re-added an exemption from solar safeguard tariffs for bi-facial cells to the tariff schedule in its most recently issued edition. Not found in the ITC’s usual change record for Revision 16 (see 1911010048), the unannounced…

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amendment implements the Court of International Trade’s short-term extension to the effective date of the exclusion’s withdrawal (see 1910290033 and 1910080054). The exclusion had been removed in Revision 15 of the tariff schedule, issued only days earlier (see 1910250028). The exclusion could soon again be taken out, as the effective date of the withdrawal was only delayed to Nov. 8. CIT is set in the coming days to rule on whether to issue a temporary restraining order stopping the government from withdrawing the exemption and again taking it out of the tariff schedule. Invenergy Renewables, the company that filed the challenge of the exclusion’s withdrawal, has also requested a preliminary injunction to the same effect.