U.S. International Trade Commission Allows BYD America LLC to Join Solar Cells Investigation
Estimated reading time: 3–5 minutes
The U.S. International Trade Commission (ITC) has decided not to review a decision, which is called an Initial Determination. This decision was made by an Administrative Law Judge who allowed the non-party, BYD America LLC, to join an ongoing investigation. This investigation is about certain types of solar products called TOPCon solar cells and their parts.
The investigation started on March 30, 2026. It is based on a complaint made by First Solar, Inc. from Phoenix, Arizona. This company accused other companies of breaking U.S. trade laws. They said these companies imported and sold TOPCon solar cells and related products in the U.S. This allegedly violated certain U.S. patent laws.
This specific patent, known as the ‘074 patent, is at the heart of the issue. First Solar claims that the patent was infringed upon. The company also says that an industry in the U.S. is in the process of being formed or is already formed around this technology.
Many companies have been named in this investigation. These companies are located in various countries, including the United States, Germany, Canada, China, Thailand, India, Jordan, Korea, Vietnam, Malaysia, and Japan. The Office of Unfair Import Investigations is also involved in the investigation.
BYD America LLC wanted to become part of this case as a respondent. BYD asked to join the case through a motion on April 14, 2026. A motion is like a formal request. Some companies that are already part of this investigation said they do not oppose BYD’s request. First Solar also said they do not oppose it.
After reviewing these requests, the Administrative Law Judge approved BYD’s request on April 27, 2026, which is called Order No. 7. Since no one disagreed with this approval, the ITC decided on May 27, 2026, not to review it any further. This decision means BYD America LLC can officially take part in the investigation.
The ITC’s decision is supported by laws outlined in Section 337 of the Tariff Act of 1930 and additional rules the ITC follows.
This entire process showcases the legal and regulatory steps involved in dealing with patent and trade violations involving international companies and U.S. industries.
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