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The Biden administration stood behind Trump’s stance on solar tariffs in a Monday filing with the U.S. Court of International Trade, a move that could harm efforts to challenge those duties from the solar industry’s largest trade group. The new administration asked the court to dismiss a complaint from some members of the solar industry arguing that an October proclamation from President Trump is unlawful. That proclamation placed tariffs on bifacial solar, which had been excluded from tariffs on imported cells and modules, and also increased the level of tariffs in their fourth and final year. That solar industry complaint fails to set forth a plausible showing that the President’s determination involves a clear misconstruction of the governing statute, a significant procedural violation or action outside delegated authority, the filing from the U.S. Department of Justice states. ....
The Biden-Harris administration is expected to choose Katherine Tai, currently chief trade counsel at the House Ways and Means Committee, as the next U.S. Trade Representative. Politico was the first to report the selection. USTR traditionally is not the flashiest of cabinet-level positions. But President Trump’s aggressive trade policies and “America First” mentality has elevated interest in the pick. The Trump administration’s Section 201 tariffs on imported solar cells and modules mean the role is also a focus for parts of the solar industry hoping to shift policy under the new administration. The Trump administration established four years of declining tariffs on imported solar in January 2018. In October, the president issued a proclamation that would increase the tariffs in their last year. President Trump also directed the USTR to investigate whether the tariffs’ term should be extended. ....