notice Published 2026-03-30

Certain TOPCon Solar Cells, Modules, Panels, Components Thereof, and Products Containing Same; Institution of Investigation

📌 ETDETA brief — importer impact summary (educational)

Brief takeaway: The ITC has opened a Section 337 patent investigation into certain TOPCon solar cells and related products, which could eventually lead to import exclusion orders.

What changed: According to the notice, a complaint filed by First Solar, Inc. on February 24, 2026 (supplemented March 10, 2026) alleges Section 337 violations based on importation and sale of certain TOPCon solar cells, modules, panels, components, and products containing them, by reason of infringement of certain claims of U.S. Patent No. 9,130,074. The notice states the complainant requests a general exclusion order, or alternatively a limited exclusion order, plus cease and desist orders.

Who's affected: The notice names TOPCon solar cells, modules, panels, components thereof, and products containing same. No specific HTS codes or countries of origin are named in the notice text provided.

What to review:
- Review whether any solar products you import could fall within the described TOPCon solar cells, modules, panels, or components category.
- Check with your broker or counsel whether the '074 patent claims may be relevant to your sourced products.
- Confirm the current status of the investigation, as no exclusion order has been issued at institution.
- Review your supply chain for potential exposure if a general exclusion order is later requested, since such orders can reach goods regardless of manufacturer.

This is general information, not legal advice and not a compliance determination — confirm specifics with a licensed customs broker or trade counsel.

Official notice

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.

Source: Federal Register · International Trade Commission · Read the official notice ↗

Check how this affects your product

Run a U.S. import compliance self-check → Check an HTS classification → Estimate duty & landed cost →

Need help moving this shipment?

ETDETA coordinates the logistics side of your U.S. import — booking, ocean freight, inland transportation, and customs-clearance coordination through licensed customs brokers.

Get a Full Freight Quote →

Related updates

This update is a general educational summary based on public CBP CSMS / Federal Register information. It is not legal advice, customs broker advice, a final classification, duty determination, entry instruction, or compliance determination. Importers should confirm applicability, effective dates, HTSUS/Chapter 99 reporting, rates, refunds, PSC procedures, and filing instructions with their licensed customs broker, trade counsel, and/or CBP.