North American solar trade and regulatory restrictions

The United States and Canada have implemented various regulatory and trade measures concerning solar energy components, particularly those originating from China.

In the United States, the Federal Communications Commission (FCC) restricted foreign-produced power inverters due to national security and digital espionage concerns. This follows Executive Order 14420, which declared a national emergency regarding foreign-manufactured equipment in the bulk-power system and granted the Department of Energy authority to restrict hardware from “covered foreign entities.” Additionally, the U.S. Department of Commerce issued a preliminary decision to impose tariffs on Chinese solar panels, ranging from 2.9 percent to 4.73 percent, following complaints regarding unfair subsidies.

In Canada, the regulatory approach differed as the Canadian International Trade Tribunal (CITT) rescinded an order on anti-dumping and countervailing duties for Chinese-origin solar modules and laminates. The CITT terminated a five-year expiry review due to a lack of support from domestic producers, leading the Canada Border Services Agency to cease collecting duties on these goods.

Expanding its regulatory scope, the United States will implement new trade measures starting December 4, including a Minimum Import Price (MIP) and additional tariffs. The MIP establishes a floor of $0.38 per watt for solar modules and $0.22 per watt for cells, while a 15% tariff will apply to certain ingots and solar derivative products. These measures are intended to incentivize domestic manufacturing by reducing the competitiveness of low-cost imports. This shift impacts South Korean manufacturers differently: Hanwha Qcells is pursuing vertical integration in Georgia to secure tax credits, while companies like HD Hyundai Energy Solutions face potential loss of market share due to the increased costs of South Korean-produced imports.