Solar Panel Ruling Ignites Fears Of Retroactive Duties

Law360, New York (December 9, 2009, 1:05 PM EST) -- A recent decision by U.S. Customs and Border Protection to bump up duty rates on solar panels and modules imported by U.S. solar technology companies could put domestic producers on the line for millions of dollars in unpaid penalties, leaving some experts crying foul.

Customs ruled in January that because the solar modules contain bypass diodes, they must be treated as electric motors and generators, which are subject to a 2.5 percent import duty.

But the development remained largely unknown to the solar energy industry until...
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