Canadian firms withdraw challenge to solar tariffs

Source: Ellen M. Gilmer, E&E News reporter • Posted: Monday, July 2, 2018

Canadian solar companies are dropping their legal challenge to President Trump’s tariffs on foreign solar cells and modules.

Silfab Solar Inc., Heliene Inc., Canadian Solar (USA) Inc. and Canadian Solar Solutions Inc. notified the U.S. Court of International Trade in New York on Wednesday that they will voluntarily dismiss their lawsuit, which alleged that the tariffs violated federal law.

The dismissal comes just two weeks after the U.S. Court of Appeals for the Federal Circuit rejected a related appeal that pushed for a preliminary injunction against the trade measures (Energywire, June 18).

The Federal Circuit found that Trump was within his authority in approving the solar tariffs, which were finalized earlier this year at the behest of two struggling manufacturers. The trade court had previously reached the same conclusion.

Separately, the Court of International Trade now has another tariff case on its docket. The American Institute for International Steel Inc. and two member companies filed a lawsuit earlier this week challenging Trump’s tariffs on imported steel and aluminum. The challenge takes aim at the constitutionality of part of the Trade Expansion Act of 1962 (Energywire, June 28).

The solar tariff case, meanwhile, focused on procedural issues related to the 1974 Trade Act.