Background: The Commerce Department’s Preliminary Determination in the Auxin Solar Investigation changed a 10-year precedent regarding the rules that determine whether tariffs should be imposed on imported solar panels. A 24-month waiver was granted to allow companies time to come into compliance with the new rules. Resolutions were introduced in both the House (H.J.Res.39) and Senate (S.J.Res.15) that would rescind this temporary waiver and cause devastating impacts to the solar industry.
ACP urges Congress to oppose the Auxin CRA.
- The CRA Would Stall Solar Deployment: Current demand for solar products far exceeds domestic solar production capacity, which is completely sold out for the next 2-3 years. Many solar projects across the country could be cancelled or delayed if the Auxin CRA is enacted.
- Temporary Transition Period Needed: The Auxin Preliminary Determination introduced a completely new “rule of origin” that fundamentally changed a 10-year precedent solar companies had been complying with. Those companies need a temporary transition period to come into compliance with the new rule.
- Tariffs Would Be Imposed Retroactively: Tariffs of up to 254% could be retroactively imposed on companies going back to April 1, 2022 – based on a rule that wasn’t written until December 8, 2022 and won’t be finalized until May 2023. Over 100 companies could be impacted.