CIT Blocks Gov't From Yanking Solar Duty Reprieve

Law360 (December 5, 2019, 6:18 PM EST) -- The U.S. Court of International Trade on Thursday temporarily blocked the Trump administration from placing duties on double-sided solar panels that had previously been exempted, ruling the government likely violated public notice and comment rules when it changed course.

CIT Judge Gary S. Katzmann said that Invenergy Renewables LLC, a Chicago-based renewable energy company that challenged USTR's unwinding of its exclusion for double-sided solar panels from tariffs, has shown with a fair likelihood of success that the agency violated notice and comment requirements under the Administrative Procedure Act.

"The court concludes that, at this preliminary stage, USTR was so required, and...

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