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Post-election Outlook: Solar Supply Chain and Trade Policy in 2025

Thursday, December 5, 2024 | 2:00PM – 3:00PM ET | Free Webinar

The next administration will push to continue to de-risk or de-couple US solar supply chains from those that China controls. How and to what extent are open questions.

Learning Objectives:

The next administration and Congress will make key policy decisions that will shape the future of U.S. solar supply chains. Critically, the next administration will make decisions on:

  1. Enforcing U.S. anti-stockpiling measures—notably, the “utilization requirement” regarding the solar China circumvention Anti-Dumping and Counterveiling Duties (AD/CVD) case.
  2. Current and future AD/CVD solar cases.
  3. Approaching excess capacity agreements and carbon border measures with allied nations.
  4. Enforcing the Uyghur Forced Labor Prevention Act (UFLPA)
  5. Adjusting key solar trade policy levers, including Section 301, Section 201, China’s Permanent Normal Trade Relations (PNTR) status and deploying other possible tariff measures (such as the International Emergency Economic Powers Act).
Additional Information

In May 2024, the Biden-Harris administration acted to increase 301 tariff rates on China’s exports, covering $18 billion in annual imports in strategic clean energy sectors (including solar cells and modules) while opening up a narrow tariff exemption process for certain solar manufacturing equipment. This action included a proposed increase on the 301 tariff rates on polysilicon and wafer imports from 25% to 50%. The Biden-Harris administration has taken an approach of derisking and diversifying—not decoupling—from China, but has supported increased export and investment restrictions and higher 301 tariffs to protect strategic industries.

Speakers

Greta Peisch, Partner, Wiley Rein, LLP

Greta Peisch brings nearly 15 years of experience in international trade matters. Most recently, she served as General Counsel for the Office of the United States Trade Representative (USTR) where she was a primary legal advisor to the agency, including with respect to trade enforcement and trade agreement implementation and negotiations.

While at UTSR, Greta led the USTR’s enforcement agenda, including World Trade Organization (WTO) and trade agreement dispute settlement and implementation of Sections 201 and 301 of the Trade Act of 1974.

Warren Payne, Senior Advisor, Mayer Brown

Warren S. Payne helps clients to address a wide range of tax issues. He joined Mayer Brown from the US House of Representatives Committee on Ways and Means, where he held several of staff leadership roles from 2007 to 2015, including serving as policy director.

As the Committee's policy director Warren was responsible for developing policy in all areas within the Committee's jurisdiction. Major legislation that Warren worked to enact into law includes the Tax Increase Prevention Act, the ABLE Act, the Middle Class Tax Relief and Job Creation Act, two highway and infrastructure funding bills in 2012 and 2014, and free trade agreements with Colombia, Peru, Panama and South Korea. In addition, Warren was responsible for the development and introduction of the first detailed legislation since 1986 to comprehensively reform the US Tax Code with the introduction of the Tax Reform Act of 2014. Other major pieces of legislation developed by the Committee during Warren's tenure as policy director include the Bipartisan Congressional Trade Priorities Act of 2014 and the SGR Repeal and Provider Payment Modernization Act.

Warren served as a senior staffer to both the National Commission on Fiscal Responsibility and the Joint Select Committee on Deficit Reduction. In his role as Policy Director, Warren was responsible for working with Subcommittee Staff Directors to develop and implement the Committee's priorities and coordinated those efforts with House of Representative Leadership-serving as a key liaison with the Administration, the Senate as well as House Leadership. Originally, Warren served as one of the Committee's primary economists focused on trade policy, where he crafted the economic analysis behind the recent trade agreements with Colombia, Panama, Peru, and South Korea.

Before joining the Ways and Means Committee, Warren served as an economic advisor and international trade analyst at the US International Trade Commission. He also consulted on international trade and tax issues at Economic Consulting Services.

Moderator

Rob Gardner, Director of Congressional and Regulatory Affairs, SEMA Coalition

Rob Gardner has nearly a decade of experience working on public policy and works closely with Congress and federal agencies in formulating and advancing public policy.

Rob previously served as a Policy Advisor at Baker Donelson, where he advised advanced battery, solar, and climate tech companies navigating the IRA, IIJA, and trade policy.

Rob served on the legislative staff of Senate Majority Leader Chuck Schumer (D-NY) for seven years, where he covered tax, trade, sanctions, and certain appropriations issues. He worked with members in the House and Senate to advance legislative priorities and advised on executive action. Rob has helped negotiate and pass multiple bipartisan pieces of tax and trade legislation.

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