On November 16, the U.S. Court of International Trade (CIT) officially announced that it would re-exclude double-sided solar modules from the Section 201 tariff, restore the tariff exemption for double-sided solar modules, and reduce the 201 tariff rate.

The waiver was originally granted in June 2019, but the Trump administration revoked the waiver for bifacial components in October 2020. The restoration of the exemption means that bifacial solar modules can be exported to the United States without additional tariffs.

In addition, CIT lowered the Article 201 tariff rate from 18% to 15% in Announcement No. 10101. Both adjustments will result in the return of additional tariffs previously imposed to the companies concerned.

CIT said: "Proclamation 10101 revoking the exemption for bifacial solar panels and increasing the safeguard duty on bifacial solar modules constitutes a clear misunderstanding of the regulations and is an action beyond the scope of the president's authorization."

Abigail Ross Hopper, President and CEO of the Solar Energy Industry Association (SEIA), issued a statement on the positive decision: "The decision by the U.S. Court of International Trade to reverse President Trump's previous order to change the Section 201 tariff reduction rate and eliminate the double-sided module exemption is clearly the right decision. Both previous actions were illegal attempts to increase the Section 201 tariff."

"We are committed to building the American solar manufacturing supply chain, and we believe the policies in the Build Back Better Act will help grow American manufacturing. We look forward to working with the Biden Administration and Congress to advance these key policies, including Senator John Ossoff's American Solar Manufacturing Act."