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The US CBP has found that Waaree evaded US solar import duties by mislabeling the origin of certain Chinese-made products as Indian-made
The investigation, launched under the EAPA process in 2025, concluded that duties were not properly declared or paid on covered solar imports
The ruling comes amid a new anti-circumvention petition involving imports from South Korea
The US Customs and Border Protection (CBP) has issued a final determination finding that Waaree Energies Ltd. and its US subsidiary, Waaree Solar Americas Inc., evaded US antidumping and countervailing duties (AD/CVD) on certain solar imports by falsely declaring Chinese-origin products as being made in India.
The investigation began in June 2025 under the Enforce and Protect Act (EAPA) after the American Alliance for Solar Manufacturing Trade Committee (AASMT) filed a complaint alleging that Waaree had misrepresented the country of origin of crystalline silicon photovoltaic (CSPV) cells and modules imported into the US. CBP imposed interim measures in September 2025 after finding reasonable suspicion of evasion (see Waaree On CBP Radar For Possible Evasion Of Duties).
In its final affirmative determination, CBP concluded that Waaree imported products covered by the Solar I trade orders, including products subject to anti-circumvention rulings, as well as CSPV products covered by the Vietnam and Malaysia AD/CVD orders, without declaring them correctly or paying the required duties. Solar I refers to the trade case initially filed in 2012, which is reviewed periodically by the US Department of Commerce (DOC) and the US International Trade Commission (ITC).
According to the trade committee, Waaree shipped more than 5.4 million kilograms of CSPV modules to the US in 2024 while declaring them as Indian-made. It also alleged that India’s imports of Chinese solar cells rose by more than 600% between 2022 and 2024, whereas Waaree did not have domestic CSPV cell manufacturing capacity until late 2024.
Tim Brightbill, Lead Attorney for the AASMT, welcomed the decision, saying CBP had conducted a rigorous review and upheld US 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,” added Brightbill.
He noted that solar imports from India remain subject to the ongoing Solar IV AD/CVD investigations.
Meanwhile, Waaree Energies Limited issued a statement saying that following a detailed investigation, the CBP confirmed it did not export solar modules made with Chinese-origin cells to the US and that the agency’s determination was limited to a narrow set of certain historical import entries.
“Importantly, the determination is not a final adjudication. Under applicable U.S. law, Waaree has the right to seek a de novo administrative review and thereafter, judicial review before the U.S. Court of International Trade. The Company is currently evaluating all available legal remedies with its U.S. trade counsel,” stated Waaree.
Yet Another AD/CVD Petition
The decision comes as US trade enforcement on solar imports continues to expand. Separately, a coalition of US-based solar manufacturers, which calls itself American Manufacturers for Energy Resilience (AMER), has petitioned the US DOC to investigate whether solar cells produced in South Korea are being used to circumvent tariffs on Chinese products, including by Hanwha Qcells.
AMER is a joint venture of Canadian Solar, SEG Solar, and Heliene that operates factories in the US.
The petition, as reported by Reuters, alleges that certain manufacturers shifted cell production from China to South Korea to avoid existing trade duties, seeking an anti-circumvention probe.
Hanwha operates 2 solar factories in Georgia’s Cartersville and Dalton, where it plans to establish a vertically integrated solar supply chain. Recently, the company started cell manufacturing at the Cartersville fab (see Qcells Launches US Solar Cell Manufacturing At Georgia).
Interestingly, Qcells is part of the AASMT that has been responsible for several solar AD/CVD petitions in the US.
Hanwha Qcells has reportedly denied the allegations, stating it has consistently supported strong US trade enforcement and invested heavily in domestic solar manufacturing.
