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Silfab Solar, Inc. v. United States

ELR Citation: 48 ELR 20097
Nos. 18-1718, (Fed. Cir., 06/15/2018)

The Federal Circuit affirmed a lower court decision denying three Canadian solar manufacturers' and a U.S. importer's motion for preliminary injunction to bar the enforcement of presidentially imposed tariffs on solar products. The manufacturers and importer argued that imposition of a 30% tariff on solar products presented a strong likelihood of irrepable injury to their businesses, and that, accordingly, only a reduced showing of probability of success on the merits should be required. But the court disagreed. At least a fair chance of success on the merits must be shown for a preliminary injunction to be appropriate. As to the merits, the manufacturers and importer argued that the President did not have power to impose the tariffs because the International Trade Commission (ITC) had made no recommendation as to remedy. But the President's authority to act is only conditioned on an ITC finding of serious injury or threat thereof, not on the existence of a recommendation. Because the court concluded that no other factors for preliminary injunction need be considered, it upheld the lower court's denial of the injunction.