DoD Issues Interim Rule on "Buy American" for Photovoltaic Device Contracts
The Department of Defense has issued an interim rule, effective December 20, 2011, to implement a section of the National Defense Authorization Act for Fiscal Year 2011. The section provides that photovoltaic devices to be utilized in performance of any covered contract shall comply with the Buy American statute, subject to the exceptions provided in the Trade Agreements Act of 1979 or otherwise provided by law. Comments are due by approximately February 20, 2012.
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(There have been several trade-related actions recently regarding photovoltaic and solar products. The International Trade Administration recent launched antidumping (AD) and countervailing (CV) duty investigations on crystalline silicon photovoltaic cells (solar cells) from China, and the International Trade Commission voted to institute a section 337 patent-based investigation of certain integrated solar power systems and components thereof. See ITT's Online Archives 11111611 and 11110249 for summaries.)