The U.S. Court of Appeals for the Federal Circuit in an Aug. 13 opinion again affirmed the president's ability to make trade-restrictive modifications to Section 201 safeguard tariffs. Judges Alan Lourie, Richard Taranto and Leonard Stark partially granted a group of solar cell exporters' motion for panel rehearing of its 2023 decision, which came to the same conclusion, so that the court could conduct a de novo review of the applicable statute, instead of reviewing whether the president's interpretation of the law was a "clear misconstruction" of the statute.
The U.S. Court of Appeals for the Federal Circuit on Aug. 13 again said President Donald Trump didn't violate the Trade Act of 1974 when he revoked a Section 201 tariff on bifacial solar panels. The court previously sustained the move in a November 2023 decision (see 2311130031). Partially granting a group of solar cell exporters' motion for panel reconsideration, Judges Alan Lourie, Richard Taranto and Leonard Stark conducted a de novo review of the president's interpretation of the applicable statute allowing for the tariff action instead of reviewing whether the interpretation was a "clear misconstruction" of the statute. However, the panel said that the case isn't an "appropriate vehicle" for overruling the court's "clear misconstruction" standard of review for presidential decisions under the Trade Act.
The Solar Energy Industries Association told the U.S. Court of Appeals for the Federal Circuit that the Supreme Court's recent decision in Loper Bright Enterprises v. Raimondo scrapping the doctrine of Chevron deference to federal agencies should compel the appellate court to overturn the deferential standard established in Maple Leaf Fish Co. v. United States (see 2406280051) (Solar Energy Industries Association v. United States, Fed. Cir. # 22-1392).
The Biden administration's proposed Section 301 tariff hikes on various Chinese goods (see 2405220072) would continue to skirt World Trade Organization commitments and strip the global economy of international tribunals, which are key to curbing "persistent protectionism," said George Washington Law School professor Steve Charnovitz in comments on the proposed tariffs.
The Solar Energy Industries Association argued that the U.S. Court of Appeals for the Federal Circuit used the "right tools" of statutory construction to answer the "wrong question" of agency deference in sustaining President Donald Trump's revocation of a tariff exclusion for bifacial solar panels. Filing a response on Feb. 28 to the government's opposition to SEIA's rehearing en banc motion, the industry group said that the U.S. didn't dispute, and "thus concedes," that the Maple Leaf deferential standard is "deeply out of step" with the law set by the Supreme Court, CAFC and other circuit courts (Solar Energy Industries Association v. United States, Fed. Cir. # 22-1392).
The Solar Energy Industries Association asked the U.S. Court of Appeals for the Federal Circuit on Feb. 23 for leave to file a "short reply in support of their pending petition for rehearing en banc" in a suit on President Donald Trump's revocation of a tariff exclusion for bifacial solar panels (Solar Energy Industries Association v. United States, Fed. Cir. # 22-1392).
The U.S. told the U.S. Court of Appeals for the Federal Circuit on Feb. 21 that solar companies and industry groups led by the Solar Energy Industries Association failed to show that an en banc rehearing was needed for a decision upholding President Donald Trump's revocation of a tariff exclusion for bifacial solar panels (Solar Energy Industries Association v. United States, Fed. Cir. # 22-1392).
Turkey will appeal a World Trade Organization dispute panel finding against its retaliatory duties on certain U.S. goods, the WTO announced Jan. 31. Because the Appellate Body is nonfunctional as the U.S. prevents vacancies from being filled, the appeal goes "into the void." As a result, Turkey's tariffs may stand without further rebuke from the WTO.
The U.S. Court of Appeals for the Federal Circuit on Jan. 26 gave the U.S. another 14 days to file its response to a group of solar panel exporters' bid for rehearing of the appellate court's ruling that President Donald Trump properly revoked a tariff exclusion for bifacial solar panels. The government has until Feb. 16 to submit its brief, which was invited by the court following the rehearing motion (see 2401220027) (Solar Energy Industries Association v. U.S., Fed. Cir. # 22-1392).
Libertarian think tank Cato Institute asked the U.S. Court of Appeals for the Federal Circuit for leave to file an amicus brief in support of a group of solar panel exporters' bid to have the court revisit its ruling sustaining President Donald Trump's revocation of a tariff exclusion on bifacial solar panels (Solar Energy Industries Association v. United States, Fed. Cir. # 22-1392).