U.S. Customs and Border Patrol Issues a Notice of Initiation of Investigation and Interim Measures, Applies Tariffs to Waaree Solar Americas, Inc.
Washington, D.C. – Today, U.S. Customs and Border Patrol (CBP) issued a Notice of Initiation of Investigation and Interim Measures in response to a Enforce and Protect Act (EAPA) allegation submitted earlier this year by the American Alliance for Solar Manufacturing Trade Committee. The claim alleged that Waaree Solar Americas Inc. is evading U.S. antidumping and countervailing duty (AD/CVD) orders on Crystalline Silicon Photovoltaic (CSPV) Cells, Whether or Not Assembled into Modules, from the People’s Republic of China, by mislabeling Chinese-origin CSPV cells and/or modules as Indian-origin to avoid AD/CVD duties from the 2012 Solar 1 petition. The Alliance requested that CBP initiate an investigation to ensure that the dumping and countervailing duty orders on Chinese CSPV cells/modules are being fully enforced to safeguard the American solar manufacturing industry.
Key facts in the case:
- 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.
“Indian solar products have been among the lowest prices in the market, and now we know why that’s possible: by using Chinese cells and not paying the duties that apply to them,” said Tim Brightbill, Partner at Wiley Rein LLP and lead attorney for the American Alliance for Solar Manufacturing Trade Committee. “We are very confident that the evidence provided in this EAPA allegation, and substantiated by U.S. Customs’ preliminary decision, will be confirmed by the remainder of the Customs investigation.”
The Notice of Initiation from CBP follows positive determinations from the U.S. Department of Commerce and the International Trade Commission on their AD/CVD petitions against Cambodia, Malaysia, Thailand, and Vietnam in April and May of this year, respectively.
Next Steps
CBP will begin collecting duties associated with Solar 1 determinations retroactive to June 20th, the date CBP formally initiated this investigation. The final determination is expected on April 16, 2026, unless extended by Customs, in which case it will be an additional 60 days.
Merchandise Covered by the Order
Crystalline silicon photovoltaic cells, and modules, laminates, and panels, consisting of crystalline silicon photovoltaic cells, whether or not partially or fully assembled into other products, including, but not limited to, modules, laminates, panels, and building integrated materials. The entries of merchandise that are subject to this allegation are imported by Waaree Americas, Waaree’s U.S. subsidiary, and two other importers. Bill of lading data identify Waaree Americas as the consignee for many shipments of CSPV modules from Waaree in India.
Antidumping and Countervailing Duties
Antidumping duties are intended to offset the amount by which a product is sold at less than fair value, or “dumped,” in the United States. The margin of dumping is calculated by the Department of Commerce. Countervailing duties are intended to offset unfair subsidies that are provided by foreign governments and benefit the production of a particular good. After affirmative preliminary determinations by the Department of Commerce, estimated duties in the amount of the dumping and subsidies will be collected from importers at the time of importation.
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.
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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.