OCTOBER 3, 2017

Dear Secretary Barton,

On behalf of the Energy Trade Action Coalition (ETAC), I am writing to express significant concern about the potential devastating impacts of imposing trade relief for the domestic crystalline-silicone photovoltaic (CSPV) cell/module industry. ETAC is comprised of a group of companies, associations and organizations––both domestic companies in the solar industry and solar consumers––who joined together in opposition to this Section 201 trade petition.

Tariffs would not make the domestic CSPV cell/module industry viable by the end of the remedy period, but would instead cause vast economic harm to the broader solar industry. In fact, a poorly tailored remedy will damage the very market actors on whom cell and module producers depend for their livelihoods, including ETAC’s own member companies, which include downstream customers that stand to see their costs rise while demand for solar drops accordingly.

Suniva and SolarWorld made a strategic decision to focus on the market’s residential and small commercial segments, thereby missing the opportunity to benefit from massive utility-scale segment growth. They also made numerous missteps that limited their success even in the residential and small commercial segments. Lack of scale, poor technological bets, and problems with quality, timeliness, and adequacy of supply have also plagued the petitioners, contributing to their inability to remain competitive.

While all sectors of the industry would suffer economic damage by the imposition of remedies, the consequences would be especially severe in the utility-scale segment, where the domestic cell and panel manufacturing industry largely does not compete. By raising import prices and/or reducing the availability of these products in the marketplace, trade restrictions would deprive solar of its competitive status on the grid, just at the critical point when solar is achieving grid parity with natural gas and other sources of energy.

Make no mistake: imposition of the remedies sought by petitioners would dramatically impact the users of solar and translate into large-scale job losses across the value chain at the very moment the industry has begun to grow in earnest. Solar is now a $23 billion industry that employs 260,000 American workers in good-paying jobs, including 30,000 workers engaged in manufacturing higher value-added solar components right here in the U.S. Overhauling the entire supply chain structure of the industry through prohibitive remedies will jeopardize all of that growth, diminishing the very industry petitioners seek to finally participate in in a productive manner.

We respectfully urge the Commission to factor in the extensive negative downstream economic consequences to the U.S. solar industry as a whole, and users of solar energy, that would result from the imposition of remedies as you consider a formal recommendation for relief to the President. Thank you for your consideration.

Sincerely,

Paul Nathanson
202-828-1707

SEPTEMBER 22, 2017

FOR IMMEDIATE RELEASE    CONTACT: FRANK MAISANO
202-828-5864
FRANK.MAISANO@BRACEWELL.COM

ENERGY TRADE ACTION COALITION STATEMENT ON ITC INJURY FINDING

The Energy Trade Action Coalition (ETAC) today expressed disappointment at the vote by the U.S. International Trade Commission (ITC) to continue the Section 201 trade case on imported solar components by determining that imports of solar cells and modules are causing injury to the petitioners.  ETAC also pledged to remain fully engaged in the trade case to strongly advocate that the ITC and President Trump avoid imposing any remedies that would threaten the U.S. solar industry and the many related industry sectors that use solar.  ETAC is a group of companies, associations and organizations who joined together to oppose the trade petition.

“The ITC decision to find injury is disappointing because the facts presented made it clear that the two companies who brought this trade case were injured by their own history of poor business decisions rather than global competition, and that the petition is an attempt to recover lost funds for their own financial gain at the expense of the rest of the solar industry,” said ETAC Spokesperson Paul Nathanson. “ETAC will continue to fight vigorously during the remedy phase, encouraging Administration officials and Members of Congress to help ensure that no remedies are imposed that would threaten the solar industry’s ability to compete with other energy sources.”

“Utilities, power co-ops, retailers, manufacturers and other large commercial users, along with conservative groups who have criticized federal solar subsidies, all agree that unwarranted tariffs would cause severe damage to the solar industry while setting a terrible precedent for future trade cases,” continued Nathanson. “Artificially raising the price of solar products would increase costs for solar power consumers and jeopardize tens of thousands of U.S. manufacturing jobs.”

The ITC will now begin the “remedy phase” of the 201 process and hold a hearing on October 3, 2017.  The ITC will vote on October 31 on a specific recommendation to President Trump for import restrictions.  President Trump then has the option to reject, accept or change the ITC’s proposal.

ETAC is working to raise awareness of the importance of maintaining access to globally priced products to support American energy industry competitiveness, sustain tens of thousands of good-paying American manufacturing jobs and preserve the principles of free and fair trade in a global marketplace.

For additional information on ETAC and the Section 201 Solar Trade Petition, visit www.energytradeaction.org.