On July 14, 2022, the U.S. Department of Commerce (“Commerce”) issued a request for a range of additional factual information in connection with the agency’s ongoing circumvention inquiries into solar cells and modules from Cambodia, Malaysia, Thailand, and Vietnam that employ inputs from mainland China. The deadline to respond is July 21st.
Focusing on international trade remedies, trade policy, and appellate litigation, Rishi Gupta has significant experience advising clients that are navigating import restrictions and tariffs such as antidumping/countervailing duties, safeguards, national security tariffs, and exclusion orders. He has handled matters before the U.S. International Trade Commission, U.S. Department of Commerce, U.S. Customs and Border Protection, and several federal courts. His experience makes him well-positioned to guide clients through high-stakes litigation involving international trade disputes.
Rishi works with clients in various industries, including aerospace, transportation, clean energy, pharmaceutical, technology, and consumer products. Rishi also maintains an active pro bono practice.
Prior to joining the firm, Rishi clerked for the Honorable Jane A. Restani at the U.S. Court of International Trade and the Honorable Evan J. Wallach at the U.S. Court of Appeals for the Federal Circuit.
On July 1, 2022, the U.S. Department of Commerce (“Commerce”) issued proposed rules implementing President Biden’s emergency declaration to provide temporary tariff relief on certain imports of solar cells and modules from Cambodia, Malaysia, Thailand, and Vietnam. Commerce has provided the public with a 30-day period to comment on the proposed rules.
If enacted in their current form, the proposed rules would provide meaningful relief and increased tariff certainty to U.S. importers of solar cells and modules from these four Southeast Asian countries. Specifically, under the proposed rules, Commerce will not impose tariffs during the emergency period established by President Biden on imports of solar cells and modules from those countries even if the products are found to be circumventing an existing antidumping (“AD”) or countervailing duty (“CVD”) order. The proposed rules do not affect tariffs on imports that are already within the scope of existing AD/CVD orders on solar cells and modules from mainland China or Taiwan, including in-scope modules that incorporate cells from mainland China or Taiwan but are assembled in a different country.
While the proposed rules would represent a positive development for foreign manufacturers, U.S. importers, and U.S. consumers, including the U.S. solar project development industry, if promulgated in their current form, changes to the rules are possible. It is therefore important for parties with a stake in Commerce’s pending circumvention inquiries to file comments by the August 1, 2022 deadline. …