Tim Brightbill Discusses Final Solar Scope Ruling by Commerce

June 22, 2016

Timothy C. Brightbill, a partner in Wiley Rein’s International Trade Practice, was quoted in separate articles published by PV Magazine and Recharge about a final ruling by the U.S. Department of Commerce that SolarCity’s Chinese-made Triex cells are subject to the scope of the trade cases on solar cells and modules, and therefore SolarCity must pay duties on them.

According to the articles, SolarCity unsuccessfully argued that its subsidiary, Silevo, which manufactures its cells in China, should be exempt from antidumping duties. The final ruling by Commerce affirms its April preliminary ruling.  

“This scope ruling sets an important precedent for the industry, by ensuring that crystalline silicon-based cells do not become classified as thin-film products merely by adding small layers of thin film to the front or the back of the cell,” Mr. Brightbill told PV Magazine. “As intended by petitioners, the next generation of crystalline-silicon solar cells and modules will be covered by these antidumping and countervailing duty orders.”

Wiley Rein LLP represents SolarWorld Americas Inc., the largest solar manufacturer in North America and the petitioner in these trade cases.