Trade Court Stays Hanwha's CSPV Safeguard Duties Case

The Court of International Trade stayed a case from importer Hanwha Q Cells America (Hanwha) (Hanwha Q Cells America v. U.S., CIT # 22-00305), pending the resolution of a case at the U.S. Court of Appeals for the Federal Circuit it says is related. The case challenges Presidential Proclamation 10101, which reimposed safeguard duties on previously excluded bifacial crystalline silicon photovoltaic (CSPV) solar panels, was issued in violation of the Trade Act of 1974. The legality of the modification proclamation is "common to other cases," Hanwha said. One of those cases is currently on appeal to the Federal Circuit, Solar Energy Industries Association v. U.S., Fed. Cir. # 2022-1392, so staying the current case until those issues are resolved by the higher court promotes judicial economy, Hanwha argued. A stay presents no hardship to the government, Hanwha said. Staying the proceedings would not impact the government's ability to collect ongoing import duties and it saves DOJ from devoting resources to relitigating the same issues as it had previously in Solar Energy, it said. The court agreed, staying the matter.