ITC Section 337 ruling on PV cable assemblies: remedy phase begins
The U.S. International Trade Commission has determined to review an ALJ's finding that certain photovoltaic trunk bus cable assemblies and components violate Section 337 of the Tariff Act (intellectual property or unfair trade practice). The Commission is now in the remedy phase and is requesting written submissions from parties and interested persons on remedies, public interest considerations, and bonding requirements. Importers of these cable assemblies should monitor the final determination, which may result in exclusion orders or cease-and-desist orders affecting future shipments.
Photo: www.kaboompics.com / PexelsOn May 6, 2026, the U.S. International Trade Commission announced that it has determined to review in part a final initial determination (FID) by the presiding administrative law judge finding a violation of Section 337 of the Tariff Act concerning certain photovoltaic trunk bus cable assemblies and components thereof.
What is Section 337?
Section 337 cases cover alleged unfair methods of competition and unfair acts in the importation of articles or in their sale by the owner, importer, or seller. These typically involve intellectual property infringement (patents, trademarks, design patents, trade secrets) or other violations that harm domestic industry.
Next Steps: Remedy Phase
The Commission has entered the remedy phase of the investigation and is soliciting written submissions from all parties, interested government agencies, and the public on three key issues:
- Remedy: What trade remedies should be imposed (exclusion orders, cease-and-desist orders, or both)?
- Public Interest: Whether the proposed remedy serves the public interest or could harm consumers, related industries, or competition.
- Bonding: Whether respondents should post a bond during the remedy period and in what amount.
These submissions will inform the Commission's final determination, which typically results in either an exclusion order (preventing entry of infringing articles) or an order requiring importers to cease violating activities.
Who Is Affected
Importers, manufacturers, and distributors of photovoltaic trunk bus cable assemblies (components used in solar panel systems) should be aware that a final determination could:
- Exclude these products from U.S. import channels.
- Require redesign or re-sourcing of cable assemblies to avoid the infringement finding.
- Impose tariff-like duties or other remedies on future shipments.
Freight forwarders and logistics providers handling solar equipment should monitor this case as it may affect supply chains for renewable energy projects.
What this means for shippers
If you import photovoltaic cable assemblies, you must track this Section 337 determination closely. A final exclusion order will halt imports of the infringing product at the border. Review your bill of materials now and prepare alternative suppliers or designs before a remedy order takes effect. Failure to comply with a final exclusion order carries the cost of seizure and forfeiture of goods. Check the HS classification and country of origin of your cable assemblies, and cross-reference any ongoing tariff or anti-dumping exposure. /hs-codes/search
