India’s Solar Exports Under U.S. Scrutiny Amid Patent Row and Dumping Allegations

New Delhi – India, known as a solar powerhouse, is in the global spotlight for all the wrong reasons. Alliance for American Solar Manufacturing and Trade — a coalition including First Solar, Qcells, and Mission Solar Energy — has filed petitions in the US court accusing the manufacturers in India, Indonesia and Laos of benefiting from China’s export led manipulations of global solar prices, undermining fair market competition in the United States. 

The Gujarat-based solar PV giant, Waaree Energies, a part of Waaree group, is already facing a U.S. patent infringement lawsuit by JinkoSolar.

The petition alleges that China has shifted its production to countries like India and Indonesia to circumvent existing tariffs, continuing to dump solar modules into the U.S. market. This backdoor dumping destroys American solar jobs.

This development comes just months after JinkoSolar filed a high-profile patent infringement case against Waaree Energies and its U.S. arm, Waaree Solar Americas, in a Texas federal court. The lawsuit accuses Waaree of violating its n-type TOPCon patent (US11,824,136B2) — a critical solar cell innovation protected across several global jurisdictions.

Founded in 1989, Waaree Energies is India’s largest solar module manufacturer, operating four manufacturing facilities in Gujarat with a combined capacity of 12 GW. In late 2024, Waaree launched its U.S. manufacturing unit in Brookshire, Texas, with a 1.6 GW annual output. However, reports indicate that modules continue to be exported from India, raising red flags in light of the ongoing trade and IP violations.

Solar analysts believe the double whammy of trade and IP challenges could seriously damage Waaree’s standing in the U.S. market. “If both the patent infringement and anti-dumping claims are upheld, Waaree could face crippling tariffs and a loss of access to one of the most lucrative solar markets,” said energy analyst.

As of now, Waaree is yet to comment, despite repeated media queries.

The U.S. Department of Commerce is expected to begin investigations, and the International Trade Commission will assess if American solar companies have been injured. If the verdicts go in the negative, it could lead to significant new duties, further straining India–U.S. solar trade relations.