As discussed during our recent “Trump and Trade: One Year Later” webinar, 2018 will not only be a year of monitoring continued trade enforcement activities by the Trump administration, but also a year to monitor how affected countries and industries will react to such trade actions. Yesterday’s update noted WTO action by various countries regarding the recent Section 201 global safeguard decisions, and now three Canadian companies that manufacture crystalline silicon photovoltaic cells (i.e., solar cells) have filed a complaint with the U.S. Court of International Trade against the United States and the safeguard measures in the recent Section 201 solar cell cases. The Canadian plaintiffs have claimed that the import tariffs will “inflict severe and irreversible injury” on them when the U.S. International Trade Commission’s injury finding determined that imports from Canada “do not meet the prerequisites for including a NAFTA country in a global safeguard action,” and that imports from Canada do not constitute a “substantial share” of total imports or “contribute importantly to the serious injury, or threat thereof” caused by U.S. solar cell imports. The complaint specifically claims that provisions of the NAFTA Implementation Act bar the president from taking safeguard actions against a NAFTA country. The plaintiffs seek to enjoin the United States from implementing or enforcing the safeguard measures. The case is Silfab Solar Inc., et al. v. United States, et al., case number, 1:18-cv-00023, in the U.S. Court of International Trade.