
Policy Updates
New FEOC rules went into effect
The One Big Beautiful Bill Act (OBBBA) introduced new Foreign Entity of Concern (FEOC) requirements. Projects that were not safe harbored by the December 31, 2025 deadline must meet the new requirements to be eligible for clean energy tax credits. Review the changes, including how to calculate a project’s Material Assistance Cost Ratio (MACR) for FEOC compliance here.
IEEPA tariffs were struck down
The US Supreme Court ruled in February that the tariffs imposed by President Trump under the International Emergency Economic Powers Act (IEEPA) were illegal. Importers who paid tariffs are entitled to refunds and that process has begun. The Treasury Department reported that refunds pushed the June budget deficit to $120 billion.
New AD / CVD penalties announced
The Department of Commerce launched Antidumping and Countervailing Duty (AD/CVD) investigations for India, Indonesia, Laos, and Ethiopia. US manufacturers have also asked for an investigation into Korea. The DOC released preliminary CVD amounts in February, with tariffs more than 100% for two of the cited countries.

New Section 232 tariffs
Guidance on new Section 232 and Section 301 tariffs was released in July and August. Minimum Import Pricing and ad valorem tariffs will be effective December 4, 2026.
Safe Harbor deadline passed for ITC credits
The end of 1H 2026 was the end of the runway to secure eligibility for the Investment Tax Credit (ITC). In the last moments, a federal court decision re-extended the 5% Safe Harbor to establish beginning of construction to projects larger than 1.5 MW. Solar projects of all sizes that were not safe harbored by July 4, 2026 must be placed in service by the end of 2026 in order to claim federal tax credits under sections 45Y and 48E.

