Spring 2023 Solar Industry Update

Recent Solar News (Congressional) Repeal of the AD/CVD waiver/"bridge" - On April 1, 2022, at the request of Auxin Solar, Commerce initiated country-wide circumvention inquiries on whether imports of c-Si PV cells and modules from Cambodia, Malaysia, Thailand, or Vietnam using parts and components from China are circumventing AD and CVD orders. On June 6, 2022, President Biden declared an emergency and authorized the temporary extension of time and duty (and deposit)-free importation of solar cells and modules from Southeast Asia for up to 24 months, over concerns the lack of panel supply would cause electric grid reliability issues. In December 2022, the U.S. Department of Commerce issued a preliminary decision to impose anti-circumvention duties on some solar panels and cells produced in Vietnam, Malaysia, Thailand, and Cambodia. A final determination was set to be due May 1, 2023, but has been extended to August 17th, 2023. In January 2023, a bipartisan group of lawmakers objected to the two-year waiver under the Congressional Review Act (CRA), which allows Congress to repeal executive decisions if a simple majority is reached and passed within 60 days. On April 18, 2023, a group of over 400 U.S. solar companies led by the Solar Energy Industries Association (SEIA) petitioned Congress to uphold the waiver. SEIA stated that if the CRA legislation passes, it will eliminate 30,000 U.S. solar jobs, including 4,000 in the manufacturing sector, cost U.S. solar companies over $1B in retroactive duties, and lead to the cancellation of 4 GW in planned projects. On April 28, 2023, the House passed the CRA (221-202) and the Senate passed it on May 3rd (56-41). On April 24, the WH promised to veto the legislation. House debt ceiling bill: - - Repeals the ITC/PTC extension (including the domestic content, energy community, and low-income bonuses, as well as the labor requirements), and the 25D extension (including revoking the battery storage tax credit) Repeals the 48C increase (including the energy community and labor requirements) and repeals the MPTC Repeals the elective payment and transferability options Ultimately repeals or revisits 24 different tax incentives from IRA. NREL 18 Sources: past 2022 Quarterly Solar Industry Updates, PV Tech in January and in April (18 and 19), WH press release, H.R. Limit, Save, Grow Act of 2023

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