The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain silicon photovoltaic cells and modules with nanostructures, and products containing the same. The products at issue in the investigation are described in the Commission’s notice of investigation.
The investigation is based on a complaint filed by Advanced Silicon Group Technologies, LLC, of Lowell, MA, on June 11, 2021. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain silicon photovoltaic cells and modules with nanostructures, and products containing the same that infringe patents asserted by the complainant. The complainant requests that the USITC issue a limited exclusion order and cease and desist orders.
The USITC has identified the following as respondents in this investigation:
Canadian Solar, Inc., of Guelph, Ontario, Canada;
Canadian Solar International Limited of Kowloon, Hong Kong, China;
Canadian Solar Manufacturing (Changshu) Co. Inc., of Changshu, Jiangsu, China;
Canadian Solar Manufacturing (Luoyang) Inc. of Luoyang, Henan Province, China;
Canadian Solar Manufacturing (Thailand) Co. Ltd. of Chon Buri, Thailand;
Canadian Solar Manufacturing Vietnam Co. Ltd. of Hai Phong City, Vietnam;
Canadian Solar Solutions, Inc., of Guelph, Ontario, Canada;
Canadian Solar Construction (USA) LLC of Walnut Creek, CA;
Canadian Solar (USA) Inc. of Walnut Creek, CA;
Recurrent Energy Group, Inc., of San Francisco, CA;
Recurrent Energy LLC of Walnut Creek, CA;
Recurrent Energy SH Proco LLC of Walnut Creek, CA;
Hanwha Q CELLS & Advanced Materials Corp. of Seoul, Republic of Korea;
Hanwha Q Cells GmbH of Bitterfeld-Wolfen, Germany;
Hanwha Q Cells Malaysia Sdn. Bhd. of Cyberjaya, Selangor, Malaysia;
Hanwha Q Cells (Qidong) Co., Ltd., of Qidong Jiangsu, China;
Hanwha Solutions Corporation of Seoul, Republic of Korea;
Hanwha Energy USA Holdings Corp. (dba 174 Power Global Corporation) of Irvine, CA;
Hanwha Q Cell EPC USA LLC of Irvine, CA;
Hanwha Q Cells America Inc. of Irvine, CA;
Hanwha Q Cells USA Corp. of Irvine, CA;
Hanwha Q Cells USA Inc. of Dalton, GA;
HQC Rock River Solar Holdings LLC of Irvine, CA;
HQC Rock River Solar Power Generation Station, LLC, of Beloit, WI;
Boviet Solar Technology Co., Ltd., of Noi Hoang District, Bac Giang Province, Vietnam;
Ningbo Boway Alloy Material Co., Ltd., of Ningbo City, Zhejiang Province, China;
Boviet Renewable Power LLC of San Jose, CA; and
Boviet Solar USA Ltd. of San Jose, CA.
By instituting this investigation (337-TA-1271), 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.