US ITC Issues Another Final Determination on Section 337 for TOPCon Products

On February 3, 2025, the US International Trade Commission (ITC) announced a 337 partial final determination regarding Certain TOPCon Solar Cells, Modules, Panels, Components Thereof, and Products Containing Same (Investigation Nos. 337-TA-1422 and 337-TA-1425). The ITC decided not to review the initial determination (No. 8) made by the administrative law judge on January 14, 2025, thereby terminating the investigation against the named respondent, Adani Green Energy Ltd of India, based on the withdrawal by the complainant. Additionally, Mundra Solar PV Ltd of India was added as a named respondent.

On January 21, 2025, the US International Trade Commission (ITC) announced a 337 partial final determination regarding Certain TOPCon Solar Cells, Modules, Panels, Components Thereof, and Products Containing Same (Investigation Nos. 337-TA-1422 and 337-TA-1425). The ITC decided not to review the initial determinations (No. 4 for 337-TA-1422 and No. 5 for 337-TA-1425) made by the administrative law judge on December 20, 2024, thereby consolidating the two investigations. The expected completion date for the consolidated investigation is April 20, 2026. Since the two cases involve the same complainant, the same domestic industry allegations, the same patents, substantially similar claims, and similar products, the consolidation is expected to save resources for both the parties and the Commission. Case 1422 will serve as the primary investigation.

On September 30, 2024, Trina Solar (U.S.), Inc. of Fremont, California, Trina Solar US Manufacturing Module 1, LLC of Wilmer, Texas, and Jiangsu Trina Solar Co., Ltd. of China filed a 337 investigation complaint with the US ITC, alleging that the exportation to, importation into, and sale within the US of the specified products violated Section 337 of the Tariff Act of 1930 (infringing US Patent Nos. 9,722,104 and 10,230,009). The complainants requested the ITC to issue a limited exclusion order and a cease-and-desist order.

The named respondents include Runergy USA Inc., Runergy Alabama Inc., Jiangsu Runergy New Energy Technology Co., Ltd. of China, Adani Solar USA Inc., and Adani Green Energy Ltd of India.

On December 4, 2024, the US International Trade Commission (ITC) voted to initiate a 337 investigation regarding Certain TOPCon Solar Cells, Modules, Panels, Components Thereof, and Products Containing Same (II) (Investigation No. 337-TA-1425).

On October 23, 2024, Trina Solar (U.S.), Inc. of Fremont, California, Trina Solar US Manufacturing Module 1, LLC of Wilmer, Texas, and Jiangsu Trina Solar Co., Ltd. of China filed a 337 investigation complaint with the US ITC, alleging that the exportation to, importation into, and sale within the US of the specified products violated Section 337 of the Tariff Act of 1930 (infringing US Patent Nos. 9,722,104 and 10,230,009). The complainants requested the ITC to issue a limited exclusion order and a cease-and-desist order.

The named respondents include CSI Solar Co., Ltd. of China, Canadian Solar Inc. of Canada, Canadian Solar (USA) Inc. of Walnut Creek, CA, Canadian Solar Manufacturing (Thailand) Co., Ltd. of Thailand, Canadian Solar US Module Manufacturing Corporation of Mesquite, Texas, and Recurrent Energy Development Holdings, LLC of Austin, TX.