The case hinges on whether SolarCity’s cells – based on technology it acquired when it bought Silevo in 2014 – are thin-film or crystalline silicon (c-Si).

Two years earlier, DOC imposed significant anti-dumping and countervailing duties on Chinese c-Si cells and modules, but thin-film PV products made in China are exempt.

Last September, SolarCity had requested an exemption from the duties arguing that even though Silevo’s cells use a c-Si substrate, it then adds amorphous silicon thin-film layers to the product.

“SolarCity