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					</table><p>The U.S. has announced it will bring back bifacial solar modules under Section 201 tariffs as the country clamps down on cheap clean energy technology entering its shores from China.</p>
<p>The exclusion for bifacial modules, widely used in utility-scale solar projects, was in force under Section 201 of the Trade Act of 1974. The exclusion, implemented by the previous administration, had led to a surge in imports.</p>
<p>By removing the exclusion, U.S. solar manufacturers will gain increased tariff protection from cheaper imports, the <a href="https://www.whitehouse.gov/" target="_blank" rel="noopener">White House</a> said. However, importers with pre-existing contracts for bifacial modules to be delivered within 90 days will still benefit from the exclusion for that period.</p>
<p>The U.S. is also ending the &#8220;solar bridge&#8221; program initiated in June 2022 for duty-free imports of certain solar products from Cambodia, Malaysia, Thailand, and Vietnam. The &#8220;bridge&#8221; had been established to ensure the deployment of solar capacity while the domestic manufacturing base ramped up. It will end on June 6, 2024.</p>
<p>Last month, U.S. solar manufacturers <a href="https://www.mercomindia.com/us-solar-manufacturers-trade-petition" target="_blank" rel="noopener">filed</a> a trade petition against solar imports from Southeast Asia as they were found to be circumventing anti-dumping and countervailing duties on solar manufacturers from China by building new facilities in these countries.</p>
<p>The <a href="https://www.commerce.gov/" target="_blank" rel="noopener">Department of Commerce</a> requires installing imported duty-free panels within 180 days to prevent stockpiling during the solar bridge program&#8217;s final months.</p>
<p>In addition to trade actions, the U.S. is also taking steps to support domestic solar manufacturing through incentives and research funding. The <a href="https://home.treasury.gov/" target="_blank" rel="noopener">Department of Treasury</a> is issuing further guidance on the Inflation Reduction Act&#8217;s bonus tax credit for clean energy projects that source domestic iron, steel, and manufactured products. This includes a new elective safe harbor allowing developers to rely on default cost percentages provided by the Department of Energy (DOE) to determine bonus eligibility.</p>
<p>The U.S. said it may increase the 5 GW tariff-rate quota for imported solar cells by 7.5 GW if imports approach the current quota level, ensuring domestic producers can access necessary components during this transition period.</p>
<p>On the research front, the DOE announced over $70 million to develop new solar technologies across the supply chain, funded by the Bipartisan Infrastructure Law. These 18 projects aim to address gaps in domestic manufacturing capabilities for equipment, ingots, wafers, and various solar cell types.</p>
<p>Earlier this week, the U.S. <a href="https://www.mercomindia.com/us-tariff-chinese-solar-cells" target="_blank" rel="noopener">announced</a> stiff hikes in tariffs on solar cells, electric vehicles, batteries, and critical minerals originating from China. This decision follows a review of the findings of a Section 301 investigation, which examined China&#8217;s unfair trade practices, including technology transfer, intellectual property violations, and innovation infringements.</p>


US Brings Back Tariffs on Imported Bifacial Solar Modules


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					</table><p>The United States <a href="https://cafc.uscourts.gov/" target="_blank" rel="noopener">Federal Circuit</a> has overturned a Court of International Trade (CIT) decision to allow the White House to expand safeguard tariffs on solar equipment.</p>
<p>The unanimous decision by a three-judge panel has directed the CIT to affirm the President&#8217;s authority under the Trade Act of 1974 to increase safeguard duties.</p>
<p>The case hinged on the wording in Section 2254 of the Trade Act that says safeguard tariffs &#8220;may be reduced, modified, or terminated&#8221; by the President. The court acknowledged the executive’s authority to interpret statutes.</p>
<p>The case originated in 2018 when the then President Trump <a href="https://www.mercomindia.com/trump-imposes-antidumping-solar" target="_blank" rel="noopener">implemented</a> safeguard measures, including Proclamation 9693, imposing duties on solar module imports into the U.S. Starting at 30%, these duties were scheduled to decrease annually to 25%, 20%, and finally 15% in their fourth year.</p>
<p>The controversy arose when importers of bifacial solar modules sought exclusion from these duties. Bifacial solar modules faced uncertainty as the U.S. Trade Representative initially granted and then reversed an exclusion.</p>
<p>In October 2020, Trump <a href="https://www.mercomindia.com/us-revokes-exemptions-bifacial-solar-panels" target="_blank" rel="noopener">issued</a> a proclamation to withdraw the exclusion for bifacial solar modules and increase the fourth-year duty rate from 15% to 18%. Importers of bifacial solar modules challenged the proclamation, arguing that the statute only permitted trade-liberalizing modifications.</p>
<p>In November 2021, CIT <a href="https://mercomindia.com/us-court-decision-reimpose-bifacial-solar/" target="_blank" rel="noopener">overturned</a> the administration’s decision to allow the reimposition of tariffs on imported bifacial solar panels. The trade court sided with the Solar Energy Industries Association and solar importers Invenergy Renewables and EDF Renewables, agreeing that the statutory authority to &#8220;modify&#8221; safeguard measures was limited to trade-liberalizing changes.</p>
<p>However, in its ruling, the three-judge Federal Circuit held that the President did not commit any significant procedural violations of the Trade Act.</p>
<p>&#8220;Our sole inquiry is whether the President&#8217;s interpretation, that he is permitted to make trade-restricting modifications and not just trade-liberalizing ones, is a clear misconstruction of the statute. Applying this standard of review, we hold the President did not clearly misconstrue Section 2254(b)(1)(B),&#8221; said U.S. Circuit Judge Leonard P. Stark while reversing the CIT decision.</p>


Federal Circuit Upholds US President’s Authority to Impose Solar Import Tariffs

<p>Here are some noteworthy cleantech announcements of the day from around the world:</p>
<p><strong>Saatvik, an Indian module manufacturer, </strong><a href="https://saatvikgroup.com/introducing-bifacial-half-cut-mbb-solar-modules-with-545-w-peak-output-and-21-efficiency/" target="_blank" rel="noopener"><strong>launched</strong></a><strong> the Bifacial Half Cut MBB Solar Modules with 545W output and 21.12% efficiency.</strong> The company would be one of the first manufacturers to start with the production of 545W bifacial modules using M10-sized cells with BIS &amp; IEC certificates. The backside of bifacial modules could provide up to 25% additional power gain. They can also provide significant gains on grasslands and dry sand, especially in snowfields. The modules are based on the advanced mono wafer and PERC Half-cut technology, which would help bring solar plants to a 545W+ solar era with a linear warranty of up to 30 years.</p>
<p><strong>Jindal Worldwide </strong><a href="https://www.bseindia.com/xml-data/corpfiling/AttachLive/e2f5ac29-0e50-4fd9-8ecf-f3802259cca6.pdf" target="_blank" rel="noopener"><strong>announced</strong></a><strong> the acquisition of Mumbai-based electric vehicle (EV) startup Earth Energy EV through its subsidiary Jindal Mobilitric.</strong> In addition to the acquisition, Jindal Mobilitric would set up a new manufacturing plant in Ahmedabad, supplementing the existing Earth Energy manufacturing facility in Maharashtra. The acquisition will see Jindal Mobilitric take over the indigenously developed technology platform as well as Earth Energy&#8217;s brands — Glyde SX and the Glyde SX+ variants of its commuter scooter as well as the — Evolve R and the Evolve S commuter and cruiser motorcycles. The EV startup has already appointed distributors across ten states which Jindal Mobilitric will retain. The company will also add new touchpoints by strengthening the distributor network in each market.</p>
<p><strong>Hong Leong Bank </strong><a href="https://www.hlb.com.my/en/personal-banking/news-updates/hlb-concludes-maiden-issuance-of-green-capital-securities-of-rm900-million-in-nominal-value.html" target="_blank" rel="noopener"><strong>announced</strong></a><strong> the issuance of its first Green Additional Tier 1 (AT1) Capital Securities amounting to RM900 million (~$206 million) in nominal value</strong>, issued under HLB’s existing multi-currency securities program of up to RM10 billion (~$2.29 billion). The issuance of the Green Capital Securities also achieves the milestone of being the first issuance of a green AT1 bond by a bank in Malaysia. HLB  seeks to raise funds to finance or refinance new or existing green assets, projects, or companies that meet the eligibility criteria outlined in HLB’s Green Bond Framework.</p>
<p><strong>Maxeon Solar Technologies </strong><a href="https://mediaroom.maxeon.com/2022-05-05-Maxeon-Solar-Technologies-Unveils-SunPower-One,-a-Complete-Home-Energy-Management-Experience" target="_blank" rel="noopener"><strong>unveiled</strong></a><strong> the SunPower One integrated home energy solution.</strong> This technology is based on a flexible ecosystem of products and services, including Maxeon&#8217;s market-leading solar panels, battery storage, and actionable household energy insights. The SunPower One solution will enable consumers to take control of their domestic energy consumption. Designed to be intuitive and engaging, the technology would proactively advise homeowners on ways to optimize their energy usage. Over time, it will learn about a homeowner&#8217;s electricity consumption pattern and suggest strategies to drive further energy bill savings.</p>


Daily News Wrap-Up: Saatvik Launches Bifacial Half Cut MBB Solar Modules

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