A recent story in pv magazine USA detailed the findings in a Notice of Determination as to Evasion produced by the United States Customs and Border Protection agency (CBP) on June 23, 2026 in the matter of Enforce and Protect Act (EAPA) case number 8163.
The case, which was brought about by a 2025 petition from the American Alliance for Solar Manufacturing Trade Committee, dealt with whether certain imports into the United States by Waaree Energies should have been subject to tariffs on solar cells from Vietnam and Malaysia levied in previous anti-dumping and countervailing duties (AD/CVD) Orders.
The judge’s determination in the Waaree case found that there was “substantial evidence that Waaree entered merchandise covered by the circumvention determination,” and stated that CBP would “suspend or continue to suspend the liquidation for all entries imported by Waaree that are subject to EAPA consolidated investigation 8163 and continue suspension until instructed to liquidate these entries.”
However, despite providing a record of determination that Waaree evaded tariffs on some imports, the redacted public version of the Notice of Determination did not contain specific information about which of Waaree’s imported products were found to be be the subject of the evasion findings.
Now, Waaree has provided a statement to pv magazine USA that details its assertions about the detentions. The statement, attributed to Waaree Energies Limited whole-time director and CEO Jignesh Rathod, reads as follows:
Waaree Energies Limited (“Waaree” or the “Company”) wishes to clarify recent media reports regarding the determination issued by the U.S. Customs and Border Protection (“CBP”) in EAPA Consolidated Investigation No. 8163.
Following a detailed investigation, including an on-site verification of Waaree’s manufacturing facility in India, CBP expressly confirmed that:
– Waaree did not export to the United States solar modules manufactured using Chinese-origin solar cells;
– Waaree fully cooperated throughout the investigation;
– CBP drew no adverse inference against the Company; and
– CBP declined the petitioner’s request to make an evasion finding covering all of Waaree’s imports.
CBP’s determination is limited to a narrow subset of certain historical import entries.
Importantly, the determination is not a final adjudication. Under applicable U.S. law, Waaree has the right to seek a de novo administrative review and, thereafter, judicial review before the U.S. Court of International Trade. The Company is currently evaluating all available legal remedies with its U.S. trade counsel.
Waaree remains committed to the highest standards of regulatory compliance, transparency, and governance. The Company’s U.S. business continues to operate normally, and there is no impact on ongoing manufacturing, customer deliveries, or commercial operations.
Waaree will continue to cooperate with the relevant authorities and will provide appropriate updates as and when required in accordance with applicable laws and regulatory requirements.
Updates to this developing story will be covered in future pv magazine USA articles.
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