House Votes to Reverse Biden Solar Tariff Freeze; 12 Democrats Join Republican Majority

House Passes Resolution to Overturn Biden’s Solar Panel Tariff Pause

The House of Representatives has passed a Congressional Review Act (CRA) resolution to overturn a Biden administration policy that paused tariffs on imported solar panels. This resolution, H.J. Res. 39, passed in the House by a vote of 221–202. Twelve Democrats joined the majority of Republicans who voted in favor of the bill, while eight Republicans opposed the resolution.

What is the Resolution About?

The resolution comes in response to an administrative rule that Biden’s Department of Commerce submitted in September which waives tariffs on solar panels completed in Cambodia, Malaysia, Thailand, and Vietnam using parts and components manufactured in China. The tariff waiver is set to last until June of 2024 or until Biden rescinds a related emergency proclamation that describes struggles to “provide sufficient electricity generation to serve expected customer demand” in the United States.

Why is it Controversial?

Lawmakers in both the House and Senate have brought forward resolutions to overturn the Biden administration’s tariff policy. Supporters of these resolutions have argued that the Biden administration’s policy makes the U.S. energy industry less competitive and incentivizes Chinese firms to simply route their products through other countries in order to duck U.S. tariffs.

“The United States relies on foreign nations, like China, for far too many of our energy needs, and failing to enforce our existing trade laws undermines the goals of the Bipartisan Infrastructure Law and Inflation Reduction Act to onshore our energy supply chains, including solar,” Sen. Joe Manchin (D-W.Va.) said Wednesday.

Biden Vows Veto

Even if the CRA resolutions do pass both houses of Congress, the Biden White House already indicated earlier this week that he would veto such measures. The White House issued a Statement of Administrative Policy on Monday, stating his opposition to the House resolution of disapproval against his tariff policies.

The White House said that Biden has been working “from day one” to help grow jobs in the solar energy industry in the United States and onshore the supply chain for the solar energy industry.

“However,” the White House said, “these investments will take time to ramp up production—which is why last spring, the President declared an emergency to ensure that Americans have access to reliable, affordable, and clean electricity.”

Democratic Support for Overturning Biden’s Tariff Waivers

The Democratic support for overturning Biden’s tariff waivers could be enough to pass a CRA resolution in the Democrat-controlled Senate if all 49 Republican senators also support the resolution. Sens. Sherrod Brown (D-Ohio), Bob Casey (D-Pa.) and Ron Wyden (D-Ore.) have signaled their support for the Republican-led Senate resolution, while a spokesperson for Sen. John Tester (D-Mont.) has told Fox News he is still reviewing the issue.

Conclusion

The House’s decision to pass the CRA resolution to overturn Biden’s solar panel tariff pause has sparked controversy. While supporters argue that the policy makes the U.S. energy industry less competitive, opponents believe that it is necessary to ensure that Americans have access to reliable, affordable, and clean electricity. It remains to be seen whether the resolution will pass in the Senate and whether Biden will veto it.