The US Customs and Border Protection (CBP) has upheld a duty evasion finding against Waaree Energies Ltd in connection with a limited number of historical solar module shipments, according to a regulatory filing by the company.
The decision, dated October 29, was issued by CBP’s Office of Trade, Regulations and Rulings following an administrative review sought by Waaree on August 5. The review was limited to the company’s contention that a subset of shipments imported into the US during 2024 had entered the country before preliminary anti-dumping and countervailing duty (AD/CVD) determinations on solar cells from Vietnam came into effect. The US Department of Commerce had issued its preliminary countervailing duty determination on October 4, 2024, followed by its preliminary anti-dumping duty determination on December 4, 2024.
However, CBP upheld the earlier determination of evasion, stating that the administrative review was limited to deciding whether evasion had occurred and could not determine the duty liability of individual shipments. The authority said the appropriate route to challenge duty assessments on specific shipments would be through a separate customs protest under Section 1514 of US law.
Waaree said the latest decision does not expand the scope of the original June 23 determination, which remains restricted to a small subset of historical import entries. The company also reiterated that it had not exported any solar modules manufactured using Chinese-origin solar cells to the US. If the determination is sustained through the remaining legal remedies, the company could face anti-dumping and countervailing duties, along with interest, on the affected shipments. It may also be required to provide additional customs bonds or cash deposits in the US.
Waaree said the potential exposure the potential exposure had been assessed in consultation with its US trade counsel and was already reflected in its financial statements under Ind AS 37. The latest decision does not alter that assessment and is not expected to have a material adverse impact on the company’s overall operations or financial position. The company is evaluating the option of seeking judicial review before the US Court of International Trade within 30 US business days of the decision. Waaree added that its US operations continue in the ordinary course, with no impact on manufacturing, customer deliveries or commercial operations.
The decision is not a final adjudication of the matter. The company is entitled to seek judicial review of the decision before the U.S. Court of International Trade within thirty (30) U.S. business days of the decision and independently retains the right to protest any entry-specific assessment of duties,” the company stated in its filing.
The development comes amid wider challenges for the company’s US export business following changes in American trade regulations. Waaree has removed around 3 GW of export orders from its order book, citing concerns over its ability to service certain contracts under the changed US trade regime.
Abhishek Pareek, chief Financial Officer of Waaree Energies, told businessline recently that these orders had not necessarily been cancelled by customers. Instead, the company proactively removed them from its order book because of uncertainty over whether it could fulfil the contracts under the revised US trade rules.
Published on November 3, 2026
