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CIT Puts Temporary Hold on Withdrawal of Bi-Facial Cells Exclusion From Solar Safeguard

The withdrawal of an exemption from solar cells safeguards for bi-facial cells is still on hold, after the Court of International Trade on Nov. 7 issued a temporary restraining order blocking implementation until at least Nov. 21. The court’s order…

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bars the Office of the U.S. Trade Representative and CBP from withdrawing the exclusion from safeguard duties or modifying the Harmonized Tariff Schedule to end the exemption. Though it expires Nov. 21, the temporary restraining order may be renewed or replaced by a more permanent preliminary injunction that is currently being considered by CIT. The withdrawal of the exclusion for bi-facial solar cells was initially supposed to take effect Oct. 28 (see 1910080054), before a legal challenge filed by Invenergy and joined by the Solar Energy Industries Association prompted a delay of the withdrawal (see 1911050034).