Waaree’s Texas manufacturing plant.
On Sept. 25, U.S. Customs and Border Patrol (CBP) issued a Notice of Initiation of Investigation and Interim Measures in response to a Enforcement and Protect Act (EAPA) allegation submitted earlier this year by the American Alliance for Solar Manufacturing Trade Committee.
The claim alleged that Waaree Solar is evading U.S. antidumping and countervailing duty (AD/CVD) orders on crystalline silicon solar cells from 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.
The Alliance said Indian imports of CSPV cells from China increased by more than 600% from 2022 to 2024, and Waaree’s public materials indicate no manufacturing capacity for CSPV cells in India until late 2024.
“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.”
Waaree began trial runs at its new U.S. manufacturing facility in Brookshire, Texas, late last year. The company purchased manufacturing equipment from bankrupt Swiss solar panel manufacturer Meyer Burger just this month.
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.
News item from the American Alliance for Solar Manufacturing Trade Committee
