USITC Institutes Section 337 Investigation of Certain TOPCon Solar Cells
Summary
The U.S. International Trade Commission (USITC) has instituted a Section 337 investigation into alleged patent infringement concerning certain TOPCon solar cells, modules, panels, and related products. The investigation was initiated based on a complaint filed by First Solar, Inc. against multiple domestic and international respondents.
What changed
The USITC has initiated an investigation under Section 337 of the Tariff Act of 1930 concerning alleged infringement of certain patents related to TOPCon solar cells, modules, panels, and products containing them. The investigation, identified as Inv. No. 337-TA-1494, was prompted by a complaint filed by First Solar, Inc. The USITC has named numerous domestic and international companies as respondents, including AXITEC, Canadian Solar, JA Solar, JinkoSolar, Mundra Solar, Philadelphia Solar, Hanwha Q CELLS, Jiangsu Runergy, Trina Solar, T1 Energy, and Toyo Co., Ltd.
This investigation will determine whether there is a violation of U.S. patent law through the importation of these solar products. If a violation is found, the USITC may issue exclusion orders and cease and desist orders, which could significantly impact the ability of the named respondents to import and sell these products in the United States. Compliance officers at companies involved in the solar supply chain, particularly those manufacturing or importing TOPCon solar cells and related products, should review the complaint and the list of respondents to assess potential exposure and consider engaging legal counsel.
What to do next
- Review the USITC's notice of institution for Inv. No. 337-TA-1494.
- Assess potential exposure to patent infringement claims related to TOPCon solar cells and components.
- Consult with legal counsel regarding the investigation and potential implications.
Penalties
Exclusion orders and cease and desist orders may be issued if a violation is found.
Archived snapshot
Mar 26, 2026GovPing captured this document from the original source. If the source has since changed or been removed, this is the text as it existed at that time.
USITC Institutes Section 337 Investigation of Certain Topcon Solar Cells, Modules, Panels, Components Thereof, and Products Containing Same
March 26, 2026
News Release 26-048
Inv. No(s).
337-TA-1494
Contact: Jennifer Andberg, 202-205-1819 USITC Institutes Section 337 Investigation of Certain Topcon Solar Cells, Modules, Panels, Components Thereof, and Products Containing Same
The U.S. International Trade Commission (USITC) voted to institute an investigation of certain TOPCon solar cells, modules, panels, components thereof, and products containing same. The products at issue in the investigation are described in the Commission’s notice of institution of investigation.
The investigation is based on a complaint filed on behalf of First Solar, Inc. of Phoenix, Arizona on February 24 2026. The Complaint was supplemented on March 10, 2026. The complaint, as supplemented, alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States of certain TOPCon solar cells, modules, panels, components thereof, and products containing same infringe certain claims of the patent asserted by the complainant. The complainant requests that the USITC issue a general exclusion order, or in the alternative a limited exclusion order, and cease and desist orders.
The USITC has identified the following respondents in this investigation:
- AXITEC, LLC, Radnor, Pennsylvania
- AXITEC Energy GmbH & Co. KG, Böblingen, Germany
- Axitec Solar, LLC, Newark, Delaware,
- Canadian Solar Inc., Ontario, Canada
- CSI Solar Co., Ltd., Suzhou, Jiangsu Province, China
- Canadian Solar (USA) Inc., Walnut Creek, California
- Canadian Solar Manufacturing (Thailand) Co., Ltd., Chon Buri, Thailand
- Canadian Solar US Module Manufacturing Corporation, Mesquite, Texas
- Canadian Solar International Ltd., Kowloon, Hong Kong
- JA Solar Technology Co., Ltd, Beijing, China
- JA Solar USA, Inc., San Jose, California
- JA Solar AZ, LLC, Phoenix, Arizonia
- JA Solar International, Ltd., Kowloon, Hong Kong
- JA Solar Vietnam Co., Ltd., Township, Bac Giang, Vietnam
- JinkoSolar Holding Co., Ltd., Jiangxi Province, China
- Jinko Solar Co., Ltd., Jiangxi Province, China
- Jinko Solar (Vietnam) Industries Co. Ltd., Quang Ninh, Vietnam
- Jinko Solar Technology Sdn. Bhd., Pulau Pinang, Malaysia
- Zhejiang Jinko Solar Co., Ltd., Zhejiang Province, China
- JinkoSolar (U.S.) Inc., Campbell, California
- JinkoSolar (U.S.) Manufacturing Inc., Dover, Delaware
- JinkoSolar (U.S.) Industries Inc., Jacksonville, Florida
- Mundra Solar PV Limited, Gujarat, India
- Mundra Solar Energy Ltd., Gujarat, India
- Adani Green Energy Ltd., Gujarat, India
- Philadelphia Solar LLC, Amman, Jordan
- Philadelphia Solar USA Inc., San Mateo, California
- Hanwha Q CELLS USA Inc., Dalton, Georgia
- Hanwha Q CELLS America Inc., Irvine, California
- Hanwha Q CELLS USA Corp., Irvine, California
- Hanwha Solutions Corporation, Seoul, Korea
- Jiangsu Runergy New Energy Technology Co., Ltd., Yancheng City, Jiangsu Province, China
- Runergy USA Inc., Pleasanton, California
- Runergy Alabama Inc., Huntsville, Alabama
- Runergy USA Trading LLC, Dover, Delaware
- Runergy PV Technology (Thailand) Co., Ltd., Pluak Daeng, Rayong, Thailand
- Trina Solar Co., Ltd., Xinbei District, Jiangsu Province, China
- Trina Solar (U.S.), Inc., Fremont, California
- Trina Solar Energy Development Co., Ltd., Nguyen Province, Vietnam
- Changzhou Trina Solar Energy Co., Ltd., Suxi Town, Yiwu, Zhejiang China
- Trina Solar Yiwu Technology Co., Ltd., Suxi Town, Yiwu, Zhejiang China
- T1 Energy, Inc., Austin, Texas
- T1 G1 Dallas Solar Module LLC, Wilmer, Texas
- Vietnam Sunergy Joint Stock Company, Viet Yen Town Bac Giang Province, Vietnam
- VSUN Solar USA Inc., Fremont, California
- Toyo Co., Ltd, Tokyo, Japan
- Toyo Solar Texas, LLC, Humble, Texas By instituting this investigation (337-TA-1494), the USITC has not yet made any decision on the merits of the case. The USITC’s Chief Administrative Law Judge will assign the case to one of the USITC’s administrative law judges (ALJ), who will schedule and hold an evidentiary hearing. The ALJ will make an initial determination as to whether there is a violation of section 337; that initial determination is subject to review by the Commission.
The USITC will make a final determination in the investigation at the earliest practicable time. Within 45 days after institution of the investigation, the USITC will set a target date for completing the investigation. USITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the U.S. Trade Representative within that 60-day period.
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