It’s a Tie! The USITC Announces Its Section 201 Solar Trade Case Recommendations

On October 31, 2017, the US International Trade Commission (USITC) announced the remedy recommendations that it will forward to President Trump. As we have discussed in previous blogs (here and here), this case has been shaping the future of the US solar industry. Impacts have been felt around the world since May 2017, when Suniva and SolarWorld asked the USITC to investigate.

What Did They Recommend?

The recommendations of each USITC commissioner can be found here. In summary, they recommended a system involving import quotas, import licenses, and a percentage-based ad valorem tariff of up to 35% in the first year of implementation. The commissioners rejected Suniva’s petition to set a minimum import price at $0.74/W; in percentage terms, this would be comparable to a 100% tariff. Like with Suniva’s petition, the tariff will be reduced each year and will drop to up to 32% in the fourth year of its implementation (the best case would set the tariff at 15%).

So, What Will Happen Next?

On one side, even when the highest tariffs are applied, module prices in the United States would regress to those seen about a year ago—when the industry installed 14.6 GW of capacity, doubling its previous installation record. Thus, the effects on the downstream of the solar industry should be minimal. It is unlikely that the protection given by the USITC will be enough to create a boom for solar manufacturing in the United States, but it should be enough to keep a profitable cottage industry focused on the local market with modest growth potential.

On the other side, the tariff and quota limits will stop future global price declines from being reflected in the US market. This will affect the competitiveness of solar and hence, its expansion into areas with lower irradiance.

With China hitting 50 GW of installed capacity this year (3 times the second largest market), India poised to take over the United States as the second largest market, and installations in the global sun belt (Latin America, Middle East, South East Asia, and Australia) soaring, global solar players are unlikely to be affected by the tariff. However, potential mirror tariffs might push out US companies with local manufacturing capacity, like First Solar, from the international markets.

Overall, the recommendations of the USITC commissioners favor the status quo, keeping the solar industry intact but slowing its growth.