Bill Introduced to Roll Back Biden’s Moratorium on Solar Import Duties

By Christian Roselund

On 26 January 2023 six member of the U.S. House of Representatives introduced a bill to nullify the regulations implementing President Biden’s emergency proclamation which pauses any import duties on solar cells & modules from four Southeast Asian nations. Presidential Proclamation 10414 was a response to the chilling effect on imports of modules from Cambodia, Malaysia, Thailand, and Vietnam caused by the solar anti-circumvention investigation initiated by Auxin Solar.

H.J.Res.22 would use Congressional Review Act (CRA) powers, through which Congress can void executive orders implemented in the previous six months, to void the U.S. Department of Commerce’s regulations implementing Presidential Proclamation 10414.

The arguments by the bill’s sponsors echo the anti-China rhetoric which has become increasingly popular as geopolitical tensions between the United States and China over Taiwan, intellectual property, human rights, and other matters escalate.

“We cannot allow foreign solar manufacturers to violate trade law, especially when it comes at the expense of American workers and businesses,” stated bill sponsor Representative Dan Kildee (D-Michigan). “The Biden administration found in its own investigation that China is evading U.S. tariffs on solar imports, but has paused action on this matter, which is unacceptable.”

To pass, the bill will need to achieve a simple majority in both Houses of the U.S. Congress and to be signed by the President. As President Biden is nearly certain to veto this bill, it will require a 2/3 majority in both houses to overturn this veto.

While three of the bill’s sponsors are from the Democratic Party and three from the Republican Party, this bill is likely to gain much more support from Republicans than Bident’s Democratic Party. And given the difficulty of getting 2/3 of both houses to support this or any bill, this effort to overturn the moratorium is very unlikely to succeed.

Despite the dismal odds of H.J.Res.22’s passage, the could be a means to build political and public support for other means of overturning the pause on duties, such as a lawsuit. For Republicans, the bill could be the opening salvo in efforts to slow the transition to clean energy by stressing the association between clean energy technologies and China and Chinese companies.

Source: H.J.Res.22 – Disapproving the rule submitted by the Department of Commerce relating to “Procedures Covering Suspension of Liquidation, Duties and Estimated Duties in Accord With Presidential Proclamation 10414” (U.S. Congress)

Press release: Kildee Leads Bipartisan Effort to Repeal Biden Administration Rule Suspending Tariffs on Solar Imports from Southeast Asia (Rep. Kildee)