ITC Investigation Instituted: TOPCon Solar Cells, Modules, and Panels — Patent Infringement Complaint by First Solar
AI-generated summary for informational purposes only. Not legal advice. See the original source for the authoritative text.
The U.S. International Trade Commission (ITC) has instituted an investigation under Section 337 of the Tariff Act of 1930 following a complaint filed on February 24, 2026, and supplemented on March 10, 2026, by First Solar, Inc. of Phoenix, Arizona. The complaint targets the importation, sale for importation, and domestic sale after importation of certain TOPCon (Tunnel Oxide Passivated Contact) solar cells, modules, panels, components, and downstream products alleged to infringe claims of U.S. Patent No. 9,130,074. TOPCon is a high-efficiency solar cell technology widely manufactured in China and exported globally, including to the United States. First Solar, the largest U.S.-based solar panel manufacturer, is seeking trade remedies that could significantly restrict the entry of competing TOPCon products into the American market. First Solar requests either a general exclusion order (barring all infringing imports regardless of source) or, alternatively, a limited exclusion order targeting specific respondents, along with cease and desist orders against domestic sellers. The complaint also asserts that a domestic industry exists or is being established in the U.S., satisfying a statutory requirement for Section 337 relief. If the ITC finds a violation, the resulting exclusion orders would be enforced at U.S. ports of entry by Customs and Border Protection, potentially cutting off a large segment of the solar panel import market and reshaping U.S. solar supply chains.
AI-generated summary. May contain errors. Refer to official sources for legal decisions.
Key Changes
- ITC formally instituted a Section 337 investigation on TOPCon solar cells, modules, panels, and components as of the notice date (March 30, 2026)
- Complaint originally filed February 24, 2026, supplemented March 10, 2026, by First Solar, Inc. (Phoenix, AZ)
- Patent at issue: U.S. Patent No. 9,130,074 — covers TOPCon solar cell technology
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Obligations
What this law requires
Importers and sellers of TOPCon solar cells, modules, panels, components, and downstream products must cease importation into the United States if an ITC violation is found and a general or limited exclusion order is issued
U.S. Customs and Border Protection must enforce exclusion orders at all U.S. ports of entry by preventing entry of infringing TOPCon solar cell, module, and panel shipments
Domestic sellers of TOPCon solar products must comply with cease and desist orders if issued by the ITC, halting sales of allegedly infringing products
Respondent manufacturers and importers of TOPCon solar products must participate in the ITC Section 337 investigation by responding to discovery requests and appearing at hearings
First Solar must demonstrate and maintain evidence that a domestic industry in TOPCon solar products exists or is being established in the United States as a condition for ITC relief