Waaree Energies US probe flags 4-year origin errors

What the US probe concluded

A final determination by the US Customs and Border Protection (CBP), dated June 23, found Waaree Energies Ltd made false declarations on the country of origin of certain solar modules imported into the United States for nearly four years. CBP said the misreporting may have enabled evasion of applicable anti-dumping and countervailing duty (AD-CVD) requirements. The findings relate to historical shipments and were filed as part of an investigation reviewed by Moneycontrol.

Waaree, in its public communications, said the investigation cleared it of allegations that it used Chinese-made solar cells for exports to the US. CBP’s report, however, recorded that Waaree misreported the origin of solar cells in certain shipments, declaring them as originating from India instead of Vietnam or Malaysia.

Scope and period of investigation

CBP stated the period of investigation (POI) ran from January 1, 2021, through the pendency of the investigation, ending June 23, 2026. CBP said that from 2021 to 2025 Waaree reported India as the country of origin for imports of solar modules into the United States in its entry summary. CBP further noted Waaree sought to notify the US Department of Commerce and CBP about incorrect declarations only after Commerce initiated an investigation into solar cells from India, Indonesia, and Laos in August 2025.

The CBP report described the company’s four-year history of reporting the wrong country of origin as material and false, concluding that substantial evidence indicated covered merchandise was entered through evasion. The report contained redactions for sensitive and confidential information.

How the case started in 2025

The investigation began in September 2025 following allegations by the Alliance for American Solar Manufacturing and Trade (AASMT), described as a coalition of domestic solar producers. The petition alleged Waaree circumvented AD-CVD duties by importing solar cells from China and other Southeast Asian countries, mislabeling their origin, and selling them in the United States.

Separate reporting also described the petitioner as the American Alliance for Solar Manufacturing Trade Committee (AASMTC), a group comprising US-based solar manufacturers that has filed multiple complaints with CBP. Names cited in the broader set of reports include First Solar, Hanwha Qcells, and Mission Solar.

CBP’s finding was limited to some historical entries

CBP declined the petitioner’s request to make an evasion finding covering all of Waaree’s imports. CBP said its determination was limited to a narrow subset of certain historical import entries. One reason recorded was that modules made from Chinese cells were sold to Indian buyers, not exported into the US market.

Waaree’s public statement similarly emphasized that the determination related only to a narrow set of historical entries and does not amount to a final adjudication. The company said its current US operations continue as normal, with no disruption to manufacturing, deliveries, or commercial activity.

Waaree’s position: cleared on Chinese cells

Waaree said CBP found no evidence that it exported solar modules made with Chinese-origin cells to the United States. The company also said CBP conducted a detailed investigation that included an on-site verification of Waaree’s manufacturing facility in India, and that Waaree fully cooperated with information requests. Waaree added that no adverse inference was drawn against it.

The company has also said the investigation has no bearing on its current US operations. In another statement referenced in the provided material, Waaree said its internal assessment indicates no material duty exposure and it continues to engage transparently with CBP.

Rights to administrative and judicial review

CBP noted that its determination is not a final adjudication under applicable US law. Waaree has the right to seek a de novo administrative review and, thereafter, judicial review before the US Court of International Trade.

This review pathway matters because it sets the next procedural steps after CBP’s finding on historical entries, and keeps the dispute within a defined legal framework rather than being treated as a closed enforcement outcome.

Financial disclosures and potential liability provisioning

Waaree disclosed it acknowledged a provision of ₹294.78 crore connected to possible liabilities stemming from the CBP investigation into the source of components used in solar modules produced in India and exported to the United States. The company also said no formal demand has been issued by CBP in relation to the matter.

The same disclosure indicated CBP permitted Waaree to refine earlier disclosures and proceed with payments based on its assessment while the investigation is still in progress.

Operations and investment plans in the US

Waaree said the probe will not affect its investment plans in the United States. The company referenced expansion of its Texas plant from 1.6 GW to 3.2 GW, stating the expansion was already underway. Waaree also indicated it is exploring setting up solar cell manufacturing capability in the US market as part of longer-term localisation.

The company has maintained that there has been no operational disruption, and that US manufacturing operations and customer deliveries continue as planned.

Broader context: trade actions and supply chain scrutiny

The case sits within a wider US trade enforcement environment for solar products. The Department of Commerce initiated an AD-CVD inquiry in August 2025 into crystalline silicon solar cells imported from India, Indonesia, and Laos. CBP’s probe was pursued under the Facilitation and Trade Enforcement Act of 2015 through the Enforce and Protect Act (EAPA) mechanism.

Allegations referenced in the broader material included claims that Waaree exported more than 5.4 million kilograms of crystalline silicon modules to the US in 2024, while allegedly claiming India manufacturing even though products allegedly originated in China. The same material also cited claims that India’s imports of solar cells from China increased by over 600% between 2022 and 2024, during a period when Waaree’s cell manufacturing capability in India was described as coming online toward the end of 2024.

Key facts at a glance

Why this matters for investors and the solar manufacturing sector

For Indian solar manufacturers selling into the US, origin declarations and documentation can directly affect duty exposure under AD-CVD frameworks. CBP’s language about “material and false” reporting highlights that enforcement can focus not only on whether Chinese-origin components entered the US, but also on accuracy of declared origin across supply chains spanning multiple Asian manufacturing locations.

At the same time, CBP’s decision to limit its determination to a narrow subset of historical entries, and its refusal to extend an evasion finding across all imports, shows outcomes can be case-specific. Waaree’s statement that current operations and deliveries are unaffected, along with its plan to expand US manufacturing capacity, signals the company is seeking operational continuity while pursuing available review options.

Conclusion

CBP’s June 23 finding said Waaree misreported the country of origin for certain historical solar module entries into the US from 2021 onward, while Waaree says it was cleared of exporting modules made with Chinese-origin cells to the United States. CBP limited the finding to a narrow set of historical entries and noted the outcome is not a final adjudication. The next steps may include a de novo administrative review and possible judicial review at the US Court of International Trade, if Waaree chooses to pursue them.