In May 2025, the American Alliance for Solar Manufacturing Trade Committee filed an EAPA allegation charging that Waaree Energies Ltd. and its U.S. subsidiary, Waaree Solar Americas, Inc., evaded the AD/CVD orders on crystalline silicon photovoltaic (CSPV) cells, whether or not assembled into modules, from China, Cambodia, Malaysia, Thailand, and Vietnam by mislabeling Chinese-origin merchandise as Indian-origin to avoid the duties owed. Customs initiated its investigation in June 2025 and imposed interim measures in September 2025 after finding a reasonable suspicion of evasion.
This week, Customs issued a final affirmative determination of evasion, finding substantial evidence that Waaree entered merchandise subject to the Solar I orders, as extended by the circumvention determinations, and merchandise subject to the Vietnam and Malaysia AD/CVD orders, without declaring it as such or paying the duties owed.
Below is a statement from Tim Brightbill, lead attorney for the American Alliance for Solar Manufacturing Trade Committee.
“We commend Customs for its rigorous review of the record and its commitment to upholding the integrity of our trade remedy laws. In particular, Customs’ determination found that “Waaree’s four year history of reporting the wrong country of origin is . . . an act that is material and false.” American solar manufacturers deserve a level playing field; this determination is an important step toward ensuring they have one.
“Importantly, any non-circumventing solar imports from India remain subject to the ongoing Solar IV antidumping and countervailing duty investigations, and the Commerce Department has already imposed substantial preliminary duties on these products.”
Key facts:
The Enforce and Protect Act (EAPA) is the formal U.S. Customs and Border Protection (Customs) process for investigating whether importers are evading antidumping and countervailing duty (AD/CVD) orders.
The Solar 1 case was filed in 2012 and is still in effect today. The duties associated with it are reviewed at regular intervals by Commerce and ITC.
More than 5.4 million kilograms of CSPV modules were shipped in 2024 to the U.S. by Waaree, falsely claiming to have been made in India.
Indian imports of CSPV cells from China increased by more than 600 percent from 2022-2024, and Waaree’s public materials indicate no manufacturing capacity for CSPV cells in India until late 2024. Confidential reports also indicated that Waaree’s cells were imported from China.
Between 2022-2024, U.S. imports of CSPV modules from India surged nearly 800%, coinciding with a decline in imports from China due to AD/CVD enforcement.
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About The Alliance
The American Alliance for Solar Manufacturing Trade Committee is a coalition of seven member and supporter companies calling for trade law enforcement against foreign entities engaging in illegal practices to protect jobs, ensure fair prices, and foster a strong American solar industry for generations to come. For more information visit: AmericanSolarTradeCmte.org.