Notice2026-06121
Certain TOPCon Solar Cells, Modules, Panels, Components Thereof, and Products Containing Same; Institution of Investigation
Primary source
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Published
March 30, 2026
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on February 24, 2026, under section 337 of the Tariff Act of 1930, as amended, on behalf of First Solar, Inc. of Phoenix, Arizona. The complaint was supplemented on March 10, 2026. The complaint, as supplemented, alleges violations of section 337 based upon the importation into the United States, the sale for importation, and the sale within the United States after importation of certain TOPCon solar cells, modules, panels, components thereof, and products containing same by reason of the infringement of certain claims of U.S. Patent No. 9,130,074 ("the '074 patent"). The complaint, as supplemented, further alleges that an industry in the United States exists or is in the process of being established as required by the applicable Federal Statute. The complainant requests that the Commission institute an investigation and, after the investigation, issue a general exclusion order, or in the alternative a limited exclusion order, and cease and desist orders.
Full Text
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<title>Federal Register, Volume 91 Issue 60 (Monday, March 30, 2026)</title>
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[Federal Register Volume 91, Number 60 (Monday, March 30, 2026)]
[Notices]
[Pages 15632-15634]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-06121]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1494]
Certain TOPCon Solar Cells, Modules, Panels, Components Thereof,
and Products Containing Same; Institution of Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
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SUMMARY: Notice is hereby given that a complaint was filed with the
U.S. International Trade Commission on February 24, 2026, under section
337 of the Tariff Act of 1930, as amended, on behalf of First Solar,
Inc. of Phoenix, Arizona. The complaint was supplemented on March 10,
2026. The complaint, as supplemented, alleges violations of section 337
based upon the importation into the United States, the sale for
importation, and the sale within the United States after importation of
certain TOPCon solar cells, modules, panels, components thereof, and
products containing same by reason of the infringement of certain
claims of U.S. Patent No. 9,130,074 (``the '074 patent''). The
complaint, as supplemented, further alleges that an industry in the
United States exists or is in the process of being established as
required by the applicable Federal Statute. The complainant requests
that the Commission institute an investigation and, after the
investigation, issue a general exclusion order, or in the alternative a
limited exclusion order, and cease and desist orders.
ADDRESSES: The complaint, except for any confidential information
contained therein, may be viewed on the Commission's electronic docket
(EDIS) at <a href="https://edis.usitc.gov">https://edis.usitc.gov</a>. For help accessing EDIS, please email
<a href="/cdn-cgi/l/email-protection#4d0809041e7e0528213d0d383e24392e632a223b"><span class="__cf_email__" data-cfemail="61242528325229040d112114120815024f060e17">[email protected]</span></a>. Hearing impaired individuals are advised that
information on this matter can be obtained by contacting the
Commission's TDD terminal on (202) 205-1810. Persons with mobility
impairments who will need special assistance in gaining access to the
Commission should contact the Office of the Secretary at (202) 205-
2000. General information concerning the Commission may also be
obtained by accessing its internet server at <a href="https://www.usitc.gov">https://www.usitc.gov</a>.
FOR FURTHER INFORMATION CONTACT: Pathenia M. Proctor, The Office of
Unfair Import Investigations, U.S. International Trade Commission,
telephone 205-2560.
SUPPLEMENTARY INFORMATION:
Authority: The authority for institution of this investigation is
contained in section 337 of the Tariff Act of 1930, as amended, 19
U.S.C. 1337, and in section 210.10 of the Commission's Rules of
Practice and Procedure, 19 CFR 210.10 (2025).
Scope of Investigation: Having considered the complaint, the U.S.
International Trade Commission, on March 25, 2026, ordered that--
(1) Pursuant to subsection (b) of section 337 of the Tariff Act of
1930, as amended, an investigation be instituted to determine whether
there is a violation of subsection (a)(1)(B) of section 337 in the
importation into the United States, the sale for importation, or the
sale within the United States after importation of certain products
identified in paragraph (2) by reason of infringement of one or more of
claims 1, 2, 4, and 8 of the '074 patent, and whether an industry in
the United States exists or is in the process of being
[[Page 15633]]
established as required by subsection (a)(2) of section 337;
(2) Pursuant to section 210.10(b)(1) of the Commission's Rules of
Practice and Procedure, 19 CFR 210.10(b)(1), the plain language
description of the accused products or category of accused products,
which defines the scope of the investigation, is ``Tunnel Oxide
Passivated Contact (`TOPCon') solar cells, as well as solar modules and
solar panels that include TOPCon solar cells'';
(3) Pursuant to Commission Rule 210.50(b)(l), 19 CFR 210.50(b)(1),
the presiding administrative law judge shall take evidence or other
information and hear arguments from the parties or other interested
persons with respect to the public interest in this investigation, as
appropriate, and provide the Commission with findings of fact and a
recommended determination on this issue, which shall be limited to the
statutory public interest factors set forth in 19 U.S.C. l337(d)(l),
(f)(1), (g)(1);
(3) For the purpose of the investigation so instituted, the
following are hereby named as parties upon which this notice of
investigation shall be served:
(a) The complainant is:
First Solar, Inc., 4300 E. Camelback Road, Suite 220, Phoenix, Arizona
85018
(b) The respondents are the following entities alleged to be in
violation of section 337, and are the parties upon which the complaint
is to be served:
AXITEC, LLC, 150 N. Radnor Chester Road, Suite F-200, Radnor, PA 19087.
AXITEC Energy GmbH & Co. KG, Otto-Lilienthal-Strasse 5, D--71034
B[ouml]blingen, Germany
AXITEC SOLAR, LLC, 262 Chapman Road, Suite 240, Newark, DE 19702
Canadian Solar Inc., 4273 King Street East, Suite 102, Kitchener,
Ontario, Canada N2P 2E9
CSI Solar Co., Ltd., 199 Lushan Road, Suzhou National & Hi-Tech
Industrial, Development Zone, Suzhou, Jiangsu Province, China, 215129
Canadian Solar (USA) Inc., 1350 Treat Blvd., Suite 500, Walnut Creek,
CA 94597
Canadian Solar Manufacturing (Thailand) Co., Ltd., 168, Bo Win, Si
Racha District, Chon Buri 20230, Thailand
Canadian Solar US Module Manufacturing Corporation, 3000 Skyline Drive,
Mesquite, TX 75149
Canadian Solar International Ltd., Unit 1520, 15/F, Tower 2, Grand,
Century Place, 193 Prince Edward Road West, Kowloon, Hong Kong
JA Solar Technology Co., Ltd., Bldg. 8, Automobile Museum East Rd.,
Courtyard No. 1 Nord Center, Beijing 100160, China
JA Solar USA, Inc., 2570 North First Street, Suite 360, San Jose, CA
95131
JA Solar AZ, LLC, 1975 South 99th Avenue, Phoenix, AZ 85353
JA Solar International, Ltd., Room D 10/F, Billion Ctr Tower A, 1 Wang
Kwong Road, Kowloon Bay, Kowloon, Hong Kong 999077
JA Solar Vietnam Co., Ltd., Lot G, Quang Chau Industrial Zone, Quang
Chau Ward, Viet Yen, Township, Bac Giang, Vietnam
JinkoSolar Holding Co., Ltd., 1 Yingbin Road, Shangrao Economic
Development Zone, Jiangxi Province, China 334100
Jinko Solar Co., Ltd., 1 Yingbin Road, Shangrao Economic Development
Zone, Jiangxi Province, China 334100
Jinko Solar (Vietnam) Industries Co. Ltd., CN XL 06 11, Song Khoai
Industrial Zone, Song Khoai Ward, Quang Yen Town, Quang Ninh, Vietnam
Jinko Solar Technology Sdn. Bhd., 2522 Lorong Perusahaan 4, 31721,
Kawasan Perusahaan Bebas Perai, 13600 Perai, Pulau Pinang, Malaysia
Zhejiang Jinko Solar Co., Ltd., 58 Yuan Xi Road, Yuan Hua Town,
Haining, Zhejiang Province, China
JinkoSolar (U.S.) Inc., 1901 S. Bascom Avenue, Suite 350, Campbell, CA
95008
JinkoSolar (U.S.) Manufacturing Inc., 8 The Green, Suite A, Dover, DE
19901
JinkoSolar (U.S.) Industries Inc., 4660 POW-MIA Memorial Parkway, Suite
200, Jacksonville, FL 32221
Mundra Solar PV Limited, Survey No. 180/P & Others, Village Tunda
Vandh, Taluka Mundra, Kutch 370 435, Gujarat, India
Mundra Solar Energy Ltd., Adani Corporate House, Shantigram, SG
Highway, Ahmedabad 382421, Gujarat, India
Adani Green Energy Ltd., Adani Corporate House, Shantigram, SG Highway,
Ahmedabad 382421, Gujarat, India
Philadelphia Solar LLC, Al Qastal Industrial Area, Amman, Jordan 11814
Philadelphia Solar USA Inc., 1820 Gateway Drive, Suite 170, San Mateo,
California 94404
Hanwha Q CELLS USA Inc., 300-310 Nexus Drive, Dalton, GA 30721
Hanwha Q CELLS America Inc., 300 Spectrum Center Drive, Suite 500,
Irvine, CA 92618
Hanwha Q CELLS USA Corp., 300 Spectrum Center Drive, Suite 500, Irvine,
CA 92618
Hanwha Solutions Corporation, 24F, 86, Cheonggyecheon-ro, Jung-gu,
Seoul, Korea 04541
Jiangsu Runergy New Energy Technology Co., Ltd., No. 58 Xiangjiang
Road, Economic & Technological, Development Zone, Yancheng City,,
Jiangsu Province, China 22400
Runergy USA Inc., 6200 Stoneridge Mall Road, Suite 300, Pleasanton, CA
94588
Runergy Alabama Inc., 4905 Moores Mill Road, Huntsville, AL 35811
Runergy USA Trading LLC, 8 The Green, Dover, DE 19901
Runergy PV Technology (Thailand) Co., Ltd., 7/559 M.6, Mapyangpho,
Pluak Daeng, Rayong, 21140, Thailand
Trina Solar Co., Ltd., No. 2 Tianhe Road, Trina PV Industrial Park,
Xinbei District, Jiangsu Province,, China, 213031
Trina Solar (U.S.), Inc., 7100 Stevenson Blvd., Fremont, CA 94538
Trina Solar Energy Development Co., Ltd., Lot Cn 14, Yen Binh
Industrial Zone Hong Tien Commune,, Pho Yen Town, Thai Nguyen Province,
Vietnam
Changzhou Trina Solar Energy Co., Ltd., 801 Longqi Road, Suxi Town,
Yiwu, Zhejiang, China 322009
Trina Solar Yiwu Technology Co., Ltd., 801 Longqi Road, Suxi Town,
Yiwu, Zhejiang, China 322009
T1 Energy, Inc., 1211 E 4th Street, Austin, TX 78702
T1 G1 Dallas Solar Module LLC, Tradepoint 45 West, 1200 Sunrise Road,
Wilmer, TX 75172
Vietnam Sunergy Joint Stock Company, Lot III--Dong Vang, Dinh Tram
Industrial Park, Nenh Ward, Viet Yen Town, Bac Giang Province, Vietnam
VSUN Solar USA Inc., 909 Corporate Way, Fremont, CA 94539
Toyo Co., Ltd., Tennoz First Tower 16F, 2-2-4,, Higashi-shinagawa,
Shinagawa-ku, Tokyo, Japan 140-0002
Toyo Solar Texas, LLC, 6115 Greens Rd, Humble, TX 77396
(c) The Office of Unfair Import Investigations, U.S. International
Trade Commission, 500 E Street SW, Suite 401, Washington, DC 20436; and
(4) For the investigation so instituted, the Chief Administrative
Law Judge, U.S. International Trade Commission, shall designate the
presiding Administrative Law Judge.
Responses to the complaint and the notice of investigation must be
submitted by the named respondents in accordance with section 210.13 of
the Commission's Rules of Practice and Procedure, 19 CFR 210.13.
Pursuant to
[[Page 15634]]
19 CFR 201.16(e) and 210.13(a), such responses will be considered by
the Commission if received not later than 20 days after the date of
service by the Commission of the complaint and the notice of
investigation. Extensions of time for submitting responses to the
complaint and the notice of investigation will not be granted unless
good cause therefor is shown.
Failure of a respondent to file a timely response to each
allegation in the complaint and in this notice may be deemed to
constitute a waiver of the right to appear and contest the allegations
of the complaint and this notice, and to authorize the administrative
law judge and the Commission, without further notice to the respondent,
to find the facts to be as alleged in the complaint and this notice and
to enter an initial determination and a final determination containing
such findings, and may result in the issuance of an exclusion order or
a cease and desist order or both directed against the respondent.
By order of the Commission.
Issued: March 26, 2026.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2026-06121 Filed 3-27-26; 8:45 am]
BILLING CODE 7020-02-P
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