On January 22nd, President Trump imposed new “safeguard” tariffs on imported solar panels and washing machines, which will be in place for the next three years before tapering downward.  For the renewable energy industry, this is another major blow from this administration. Solar panels, most of which currently come from China will have an additional tariff rate of 30% imposed. Notably, there are already more than 150 other U.S. trade measures in place against various Chinese products. This new measure threatens to handicap a $28 billion industry that relies on parts made abroad for 80 percent of its supply chain.

Trump has also imposed a tariff of 20% on imported washing machines.  This is the first use of safeguard tariffs by the United States since 2002 when President Bush used them to restrict steel imports.  This decision comes on the heels of a determination by the International Trade Commission (ITC) that imports of these goods had injured domestic producers.

While many have seen the action as a necessary means of protecting American manufacturers, members of the South Korean government have harshly criticized the move and signaled a willingness to formally air their grievances before the World Trade Organization (WTO).  Significantly, the 2002 safeguard tariffs imposed by the Bush Administration were ultimately withdrawn after an adverse ruling at the WTO put the United States under the threat of retaliation.

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Photo of Alexander H. Schaefer Alexander H. Schaefer

Alexander H. Schaefer is a partner in the International Trade Group at the firm’s Washington, D.C. office. Alex represents clients contending with U.S. import regulations, including the customs and trade remedies laws. He assists clients with a broad range of Customs issues, including

Alexander H. Schaefer is a partner in the International Trade Group at the firm’s Washington, D.C. office. Alex represents clients contending with U.S. import regulations, including the customs and trade remedies laws. He assists clients with a broad range of Customs issues, including tariff classification, import valuation, focused assessment audits, penalty proceedings, prior disclosures, reconciliation, special duty programs, and free trade agreements. In addition, Alex has represented both petitioners and respondents in a variety of trade remedy cases, including antidumping, countervailing duty, and Section 201 proceedings before the U.S. Department of Commerce, the U.S. International Trade Commission, the U.S. Court of International Trade, and the U.S. Court of Appeals for the Federal Circuit.

Alex is a member of the International Trade Group’s duty recovery team, which helps companies identify opportunities to minimize import duty outlays and cut supply chain costs to increase profitability. Alex also works closely with the firm’s Product Risk Management Group, which helps clients in a broad range of industries identify potential legal risks associated with new products and ventures as well as providing advice on risk management tactics and protocols.

Alex is a member of the bars of the Commonwealth of Virginia and the District of Columbia.

Photo of Frances P. Hadfield Frances P. Hadfield

Frances P. Hadfield is a counsel in Crowell & Moring’s International Trade Group in the firm’s New York office. Her practice focuses on forced labor and withhold release orders (WRO), import regulatory compliance, and customs litigation. She regularly advises corporations on matters involving…

Frances P. Hadfield is a counsel in Crowell & Moring’s International Trade Group in the firm’s New York office. Her practice focuses on forced labor and withhold release orders (WRO), import regulatory compliance, and customs litigation. She regularly advises corporations on matters involving customs compliance, audits, customs enforcement, as well as import penalties.

Frances represents clients before the U.S. Court of International Trade and the U.S. Court of Appeals for the Federal Circuit, as well as in proceedings at the administrative level. She advises corporations on both substantive federal and state regulatory issues that involve U.S. Customs and Border Protection, the Federal Trade Commission, Food and Drug Administration, and U.S. Fish & Wildlife in matters pertaining to product admissibility, audits, classification, import restrictions, investigations, marking, licenses, origin, penalties, and tariff preference programs.