The two companies led the initial effort to impose tariffs and now claim they have been unable to complete plans to adjust to import competition given the pandemic, alleged “predatory” pricing, and other factors.
The ruling follows on bankruptcy court approval of SQN’s request to sell off its share of Suniva’s tools and assets, in what may be the bitter end of Suniva as a cell maker.
According to emails obtained by E&E News and viewed by pv magazine, lawyers for Suniva contacted two members of the U.S. Trade Representative’s office to discuss the Section 201 trade case that has roiled the industry since April.
The software company warns that strong trade action will cause the global ranking for profitability of U.S. utility-scale solar projects to fall and for investors to flee to other markets.
With the final recommendations to President Donald J. Trump four days away, investors in a massive solar project 90 minutes south of Odessa find it on hold until the tariff decision is handed down.
A bankruptcy court has approved the additional loan, which should allow the main creditors of the bankrupt cell and module maker to continue their pursuit the Section 201 case.
As the first half of the Section 201 remedy hearing comes to a close, Suniva and SolarWorld have made a case for a combination of tariffs and either quotas or a 74-cent minimum module price, and foreign governments have sought exemptions.
In its pre-hearing brief to the U.S. ITC, the national solar industry association argues that even the reduced tariff levels that SolarWorld and Suniva are asking for are in excess of what is allowed under Section 201.
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