ITC Launches Section 337 Probe Into TOPCon Solar Imports Following First Solar Complaint
The US International Trade Commission (ITC) has launched an investigation into tunnel oxide passivated contact (TOPCon) solar products, following a complaint filed by US thin-film module manufacturer First Solar.
The probe will examine imports of “certain TOPCon solar cells, modules, panels, and components thereof,” after First Solar alleged that these products infringe its intellectual property (IP) rights. At the center of the case is US Patent No. 9,130,074—one of several patents obtained by First Solar through its 2013 acquisition of TetraSun.
The investigation will assess whether TOPCon products imported into, sold for importation, or sold within the US after importation violate Section 337 of the Tariff Act of 1930. Specifically, the ITC will determine whether these products infringe First Solar’s patented TOPCon technology.
A total of 47 respondents across 11 countries have been named in the case. These include major Chinese solar manufacturers such as JinkoSolar, JA Solar, Trina Solar and Canadian Solar, as well as US-based silicon module producers including Qcells and T1 Energy. Companies from Germany, India, Southeast Asia and Canada are also involved.
First Solar is the leading producer of cadmium telluride (CdTe) thin-film modules, a technology that competes directly with silicon-based solar products. It is also the largest solar module manufacturer in the US.
The case could present a significant challenge for the expansion of TOPCon manufacturing in the US. Through the investigation, First Solar is seeking general exclusion orders and cease-and-desist orders that would restrict the importation and sale of products using the disputed TOPCon technology.
Unlike traditional trade remedies such as antidumping and countervailing duties (AD/CVD), which focus on product origin and pricing practices, this Section 337 investigation centers on alleged patent infringement tied to a specific technology. As a result, its outcome could have far-reaching implications for the global deployment and supply chain of TOPCon solar products.
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