Bureaucrats are sabotaging the America First trade agenda | Washington Examiner
Radicals are firebombing Teslas to protest the Trump agenda, lighting up the night in rage over his vision for America. But the real damage to that agenda isn’t coming from street violence. It’s happening quietly in Washington, where bureaucrats are using trade rules to undermine everything America First stands for.
One example: the anti-dumping and countervailing duty case targeting battery anodes — key parts used in Tesla’s electric vehicles. This case isn’t protecting U.S. jobs. It’s based on the idea that an industry that might exist someday is being hurt before it even starts. That’s not real economic damage — it’s guesswork. Meanwhile, this case could raise costs and disrupt supply chains for Tesla and other companies. Tesla, one of America’s most successful and innovative companies, is being undercut—not by China — but by our own government. That’s not protectionism. That’s sabotage.
Then there’s the AD/CVD case targeting solar panels from Southeast Asia — Vietnam, Thailand, Malaysia, and Cambodia. These countries are some of the biggest buyers of U.S.-made polysilicon, the raw material used in solar panels. But by slapping tariffs on their solar imports, we risk driving them away — and sending them straight to China, which already dominates the market. So instead of helping American workers, this case could shrink demand for U.S. goods and cost us jobs. All to protect a narrow part of the solar industry while hurting the rest of it. It’s a lose-lose.
The companies pushing this? Qcells and First Solar — two firms with deep connections to the Biden-Harris team. Qcells is owned by a South Korean conglomerate. First Solar has been showered with government subsidies. Both have close ties to Democrats who’ve spent years pushing climate politics over manufacturing strength. Qcells uses a supply chain linked to China and gets a free pass. Meanwhile, they’re helping Biden-era holdovers inside the Commerce Department and the International Trade Commission go after companies that are not relying on China. It’s the usual game: rules for thee, but not for me.
These unelected bureaucrats are still in place even under President Donald Trump — and they’re using these trade tools to push their own agenda. They’re not protecting American workers. They’re going after Trump’s trade policies by twisting AD/CVD rules into weapons.
On Monday, the Department of Commerce announced tariffs of up to 3,521% on select imports from Southeast Asian countries. Since Hanwha Qcells and First Solar brought the suit, they’re largely immune from the tariffs. First Solar itself doesn’t even use polysilicon. Each company got a sweetheart deal from President Joe Biden, then initiated this lawsuit knowing they could game the system, effectively building a moat around their government handouts. The ironic thing is the main users of U.S. polysilicon will ultimately be negatively impacted by this decision, harming a domestic market we’re supposedly trying to protect.
Let’s be clear: AD/CVD laws were meant to stop unfair foreign trade practices. But today, they’re being abused by well-connected companies to crush their competition. They’re being used to block imports, jack up prices, and strangle American businesses that are actually trying to grow. The system is slow, confusing, and easy to game. It’s not about fairness anymore — it’s about picking winners and losers from D.C. offices far from the factory floor.
Trump’s new Commerce Secretary, Howard Lutnick, has a chance to clean this up. First, the rules need to be tightened. Trade cases should only move forward when a real U.S. industry is being harmed — not some imaginary future business. That change alone would stop ridiculous cases such as the battery anode fight. Second, speed up the process. Dragging things out helps no one except lawyers and lobbyists. Third, bring sunlight to the system. Companies filing these cases should have to reveal who’s funding them and what political ties they have. No more hiding behind phony slogans like “fair trade.” And finally, we should focus on boosting American industry with tax breaks and fewer regulations —instead of hitting ourselves with tariffs that backfire.
Voters backed Trump because they want to see American strength rebuilt. They’re tired of seeing foreign rivals win and domestic red tape hold us back. AD/CVD cases, as they’re used now, are relics of the Biden era — controlled by insiders who serve special interests, not working people.
If Lutnick acts fast, he can bring trade enforcement back in line with the America First agenda. He can turn these tools into what they were meant to be: sharp and targeted, not blunt and destructive. The firebombers may grab headlines. But it’s the paper-pushers in Washington doing the real damage — and it’s time someone shut them down.
Bret Manley is the executive director of the Energy Fair Trade Coalition. He is a former Naval Intelligence Officer and previously worked on Capitol Hill as chief of staff to a senior member of the Congressional Climate Solutions Caucus.