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What Is US Customs Accusing Waaree of? 10 Things To Know Photograph: (AI)
This week, India’s leading solar module and cell manufacturer, Waaree Energies, found itself in the spotlight after the US Customs and Border Protection (CBP) accused the company of evading certain duties in connection with its business operations in the United States. The listed company quickly responded to the allegations, presenting its version of events and asserting that there would be no adverse impact on its business. Waaree also maintained that it had committed no wrongdoing.
CBP has now made its order public, providing stakeholders with greater clarity on the matter after the details had largely remained shielded from public scrutiny. Based on the order, here are the key details that investors and other stakeholders should know about the case.
The US Customs and Border Protection (CBP), in its latest order determined that there is “substantial evidence” that Indian solar manufacturer Waaree Energies evaded certain antidumping (AD) and countervailing duty (CVD) orders on solar products from Vietnam and Malaysia, triggering the continuation of suspension of affected entries and potential additional enforcement actions. 
“CBP determined there is substantial evidence that Waaree entered covered merchandise into the customs territory of the United States through evasion by failing to declare the merchandise as subject to the Vietnam Circumvention Determination, Malaysia and Vietnam AD/CVD Orders. As a result, no cash deposits were applied to the merchandise at the time of entry,” the order said. 
However, the agency’s findings are more nuanced than a simple allegation of Chinese solar cells being routed through India. Here are 10 key things to know.
In its June 23, 2026 determination, CBP said there is “substantial evidence” that Waaree “evaded the antidumping (AD) and countervailing (CVD) duty orders on crystalline silicon photovoltaic cells” from Vietnam and Malaysia.  The agency further stated that Waaree “entered covered merchandise into the customs territory of the United States through evasion by failing to declare the merchandise” as subject to the relevant duty orders. 
“The evidence on the administrative record establishes that there is substantial evidence that Waaree entered merchandise covered by the circumvention determination (A–570–979, C–570– 980), AD order A-552-841, and CVD order C-552-842 on solar cells from Vietnam into the United States without declaring the merchandise as subject to AD/CVD orders and paying the requisite AD/CVD duties. Therefore, CBP determines that Waaree evaded the Vietnam Circumvention Determination, Malaysia and Vietnam AD/CVD Orders,” the order from CBP read. 
The investigation was initiated after the American Alliance for Solar Manufacturing Trade Committee filed allegations in January 2025, claiming that Waaree and other importers had evaded US trade duties on solar products. The petitioners alleged that solar cells produced in China or Southeast Asia were being assembled into modules in India and exported to the United States without appropriate declarations.
The peitioner in the case alleged that Waaree bypassed anti-circumvention measures covering Cambodia, Malaysia, Thailand and Vietnam by importing solar cells manufactured in China and other Southeast Asian countries into India, assembling them into modules, and subsequently exporting the products to the U.S. without declaring them as subject to applicable AD/CVD duties.
This is perhaps the most significant aspect of the ruling. Following on-site verification and traceability exercises, CBP stated that it found “all sales of solar modules with Chinese-origin solar cells were made to Indian companies.”  The agency further noted that Waaree demonstrated that it “assembled more solar modules from non-Chinese solar cells than what it exported to the United States.” 
According to CBP, Waaree reported India as the country of origin for imports into the United States from 2021 onwards and did not properly report the actual country of origin of the underlying solar cells.  The agency concluded that Waaree’s “four year history of reporting the wrong country of origin is not [an error] but an act that is material and false.” 
CBP rejected requests from the petitioners to apply adverse inferences against Waaree. The agency said that “application of adverse inferences… is not warranted because Waaree cooperated and complied with requests for information made by CBP.” 
CBP officials visited Waaree’s Chikhli manufacturing facility in Gujarat in March 2026 and reviewed contracts, invoices, production records, bank transactions and the company’s SAP traceability system.  The agency also conducted forward and backward tracing exercises to establish the origin of solar cells and the destination of finished modules.
CBP reiterated that solar modules assembled in a non-inquiry country such as India using Southeast Asian solar cells are generally not covered by the earlier circumvention determinations. 
The determination states: “Solar modules assembled in a non-inquiry country, i.e., India, using solar cells from Southeast Asia are not subject to the circumvention determinations during the effective date.” 
CBP said that some entries imported during the effective periods of the Malaysia and Vietnam AD/CVD orders remained subject to duties. The agency’s affirmative finding therefore pertains to specific covered merchandise and declarations rather than all of Waaree’s exports to the United States.
The determination cites duty rates that could apply to covered merchandise, including:
* China-wide AD rate: 238.95%
* China CVD rate: 15.24%
* Vietnam AD rate: 271.28%
* Vietnam CVD rate: 124.57%
* Malaysia AD rate: 1.92%
* Malaysia CVD rate: 34.09%. 
Following the affirmative determination, CBP said it “will suspend or continue to suspend the liquidation for all entries imported by Waaree that are subject to EAPA consolidated investigation 8163.”  The agency added that it may also review Waaree’s continuous bonds, require single-transaction bonds and pursue additional enforcement actions or penalties. 
“In light of CBP’s determination that Waaree entered merchandise into the customs territory of the United States through evasion, and pursuant to 19 U.S.C. § 1517(d) and 19 C.F.R. § 165.28, CBP will 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…”the order read.  
The Waaree case underscores the growing scrutiny by US authorities over solar supply chains, particularly around cell-level traceability and country-of-origin declarations. While CBP’s determination found evasion with respect to certain imports and reporting practices, the agency also acknowledged that its verification found that Waaree “did not import into the United States solar modules manufactured with Chinese-origin solar cells.” 
For Indian manufacturers increasingly serving the US market, the case serves as a reminder that compliance and documentation requirements are becoming just as important as manufacturing capabilities and market access.
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