This legislative tool could help Congress undo Biden’s solar tariff pause

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A bipartisan group of lawmakers in Congress is hoping to use a legislative tool to roll back an executive order that paused for two years any new tariffs on solar modules imported from Southeast Asia.

The group aims to use the Congressional Review Act to repeal the order, which was issued by President Joe Biden in June 2022 and later codified by the Dept. of Commerce.

Bill author Rep. Dan Kildee (D, MI-08) called the pause on new tariffs "unacceptable" given that Commerce has found that some solar manufacturers are circumventing trade duties against China.


LISTEN: What's next for solar tariffs? Market analyst Paula Mints discussed the Commerce Department's preliminary determination in the Auxin Solar investigation on the Factor This! podcast.


The Congressional Review Act (CRA) allows Congress to repeal rules enacted by the executive branch if they were enacted within 60 legislative days of the end of the last legislative session. To repeal an eligible rule, lawmakers must introduce CRA legislation within 15 days of a new legislative session.

While a simple majority is required in both chambers for passage, a CRA bill must pass the U.S. House of Representatives within 60 calendar days of its introduction, or it expires.

Kildee introduced the legislation with Representatives Bill Posey (FL-


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