![]() I strongly urge the Department of Commerce to work toward a swift end to this case and put the solar industry fully back to work.” George Hershman, CEO, SOLV Energy “While I applaud the President for his leadership in building a brighter future today, the lingering threat of tariffs stemming from the ongoing circumvention case will continue to jeopardize our clean energy progress. It is calling for a swift end to the investigation for greater long-term clarity. While the actions have been generally celebrated, the industry is still awaiting long-term industrial policy like the provisions introduced in earlier drafts of the Build Back Better Act. With these new actions, the Biden administration is steering the market back toward the high bar of 100% carbon-free electricity by 2030, among other climate-driven emissions goals. The moratorium was launched alongside a few other actions designed to support domestic manufacturing, indicating the White House heard the near-uniform message from the solar industry that executive actions and stated goals were misaligned. Many industry players said they were open to supporting domestic manufacture of US solar goods, but that the tariffs were a short-term measure that blindsided developers and crushed deployment in the near- and mid-term. One of the major criticisms of the investigation was that it appeared to be a feeble, poorly planned attempt to boost US-based manufacturing. This development came with praise from most major players in the solar industry, save US-based manufacturers like First Solar. This uncertainty will now be alleviated, for now, as the Biden Administration enacted a 24-month moratorium on tariffs from these locations. The uncertainty and risk level caused by this investigation essentially froze the solar industry in its tracks, with hundreds of megawatts of projects cancelled or delayed and the industry cutting its forecasts for deployment this year in half. Tariffs attached to goods supplied by these countries could range 50 to 250% of the cost of goods and would back-date to the February filing by US-based manufacturer Auxin solar. You are authorized and directed to publish this determination in the Federal Register.The dominant story in solar for 2022 has been the Department of Commerce’s investigation into alleged anticircumvention/antidumping violations of four solar panel suppliers Southeastern Asian countries suspected of harboring Chinese solar goods. Therefore, I waive the requirements of section 303(a)(1)–(a)(6) of the Act for the purpose of expanding the domestic production capability for electrolyzers, fuel cells, and platinum group metals. Pursuant to section 303(a)(7)(B) of the Act, I find that action to expand the domestic production capability for electrolyzers, fuel cells, and platinum group metals is necessary to avert an industrial resource or critical technology item shortfall that would severely impair national defense capability. (3) purchases, purchase commitments, or other action pursuant to section 303 of the Act are the most cost effective, expedient, and practical alternative method for meeting the need. (2) without Presidential action under section 303 of the Act, United States industry cannot reasonably be expected to provide the capability for the needed industrial resource, material, or critical technology item in a timely manner and (1) electrolyzers, fuel cells, and platinum group metals are industrial resources, materials, or critical technology items essential to the national defense 4533), I hereby determine, pursuant to section 303(a)(5) of the Act, that: ![]() ![]() Therefore, by the authority vested in me as President by the Constitution and the laws of the United States of America, including section 303 of the Defense Production Act of 1950, as amended (the “Act”) (50 U.S.C. ![]() Section 303 of the Defense Production ActĮnsuring a robust, resilient, and sustainable domestic industrial base to meet the requirements of the clean energy economy is essential to our national security, a resilient energy sector, and the preservation of domestic critical infrastructure. SUBJECT: Presidential Determination Pursuant to Get Involved Show submenu for “Get Involved””.The White House Show submenu for “The White House””.Office of the United States Trade Representative.Office of Science and Technology Policy.Executive Offices Show submenu for “Executive Offices””.Administration Show submenu for “Administration””. ![]()
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