Press Releases
Pascrell, Kildee Lead Legislation to Protect American Solar Industry
Washington, DC,
January 26, 2023
U.S. Rep. Bill Pascrell, Jr. (D-NJ-09) today joined his colleagues in introducing legislation to hold foreign solar manufacturers accountable for violating U.S. trade law.
The bipartisan resolution of disapproval, which Democrats and Republicans support, would roll back a regulation that suspends tariffs on solar imports from four Southeast Asian countries. This rule is in effect until mid-2024, despite the Biden administration’s own investigation, which found companies in these same countries—Cambodia, Thailand, and Vietnam—are helping Chinese solar manufacturers evade U.S. tariffs. Malaysia refused to cooperate with the investigation. Under the Congressional Review Act (CRA), Congress can repeal rules enacted by the executive branch if they were enacted within 60 legislative days of the end of the last legislative session. “Rampant trade cheating harms American workers, cons consumers, and sabotages small businesses across our nation,” said Congressman Pascrell. “Fair trade cannot exist where one side plays by the rules and the other lies, cheats, and circumvents like the Chinese Communist Party. Last year the Commerce” Department wisely heeded our bipartisan calls to probe CCP corruption in producing solar cells and modules. They confirmed that our trade laws are being evaded by Chinese solar companies. We need strong tariffs now. I am proud to join my bipartisan colleagues led by Reps. Kildee and Posey to ensure the Constitution is upheld. Congress can have the ultimate say on America’s trade laws by invoking the Congressional Review Act to stop China’s cheating.” Chinese manufacturers of solar panels have a proven history of violating U.S. trade law by using unfair trade practices, government subsidies and forced labor to undercut American workers and solar manufacturers. As a result, today, America depends on foreign supply chains to meet at least 80% of U.S. solar demand. In April 2022, the U.S. Commerce Department initiated an inquiry, at the request of a U.S. manufacturer, into whether Chinese manufacturers of solar panels were moving their U.S. imports through Cambodia, Malaysia, Thailand, and Vietnam to disguise their actual origin and avoid existing U.S. tariffs. U.S. trade remedies, such as tariffs, are intended to support U.S. companies that face unfair competition from abroad. Countries found to be circumventing U.S. trade remedies are subject to U.S. tariffs on imports. In response to concern from solar importers, President Biden issued an emergency order in June 2022 to suspend future potential tariffs that could result from the investigation. The U.S. Department of Commerce later issued a rulecodifying the president’s decision to delay any circumvention tariffs on imports of solar panels from Cambodia, Malaysia, Thailand, and Vietnam for 24 months. This rule went into effect November 15, 2022. In December 2022, Commerce released its initial investigation, finding that circumvention did occur. The Congressional Review Act (CRA) allows Congress to repeal rules enacted by the executive branch under certain criteria. To repeal an eligible rule, lawmakers must introduce CRA legislation within 15 days of a new legislative session. While a simple majority is required in both chambers for passage, a CRA bill must pass the U.S. House of Representatives within 60 calendar days of its introduction, or it expires. |