CAFC Gives US Extra Words to Make Reply in Case Over Withdrawn Solar Panel Tariff Exemption
The U.S. Court of Appeals for the Federal Circuit in an Oct. 3 order gave the U.S. an additional 4,000 words for its reply brief in a spat over whether the president can revoke a safeguard exemption granted for bifacial solar panels. The government originally sought to double its word count to 14,000, though the appellees in the matter, led by the Solar Energy Industries Association, proposed to limit the bid to 11,000 (see 2209190057). Judge Jimmie Reyna sided with the appellees (Solar Energy Industries Association v. United States, Fed. Cir. #22-1392).
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In the case, the Court of International Trade ruled it was illegal for the president to revoke the tariff exclusion because the statute allows only trade liberalizing action (see 2111160032). The U.S. appealed, arguing the trade law's ruling runs counter to many parts of the safeguard statute.