In the latest arc of a saga that started last July, Maxeon still can’t get its solar panels from Mexico into the United States, and now the company is considering taking its beef with Customs & Border Protection (CBP) to the U.S. Court of International Trade to get it sorted out. The manufacturer argues that CBP’s actions materially impact domestic commerce and hinder President Trump’s aspirations of “energy dominance,” notwithstanding the universal frustration of not having access to one’s stuff. Gabriel Griego 

Meanwhile, Maxeon is reaffirming its intent to manufacture panels at a leased facility in Albuquerque, New Mexico, where the company is setting up a 2 gigawatt (GW) capacity module assembly facility as a panacea to both import headaches and escalating Trump tariffs. The White House indicated Tuesday afternoon that tariffs on imported Chinese goods would increase to 104% on Wednesday, another immeasurably impactful volley in a trade war threatening to upend global economies of scale.

“Maxeon recognizes the importance of continuing the development of our U.S.-based manufacturing facilities,” said George Guo, who was named the CEO of Maxeon last October. “We are committed to continuing to work with the Trump Administration as well as leaders in New Mexico to deliver our cutting-edge, high-efficiency solar products to our residential and utility-scale partners active nationwide.”

“Domestic manufacturing is the right thing to do, regardless of tariffs,” Guo added. “Bringing our unique, patented technology together with a diversified and resilient supply chain is the recipe for Maxeon’s long-term success.”

In late March, Maxeon amended its facility lease to revise timelines for “certain owner-completed construction activities,” some of which are now underway. Maxeon says it has completed early design and layout activities for its initial phase manufacturing. The Albuquerque facility is intended to incorporate next-generation technology developed by Maxeon’s Silicon Valley-based R&D team.

Standoff at the Border

Last month, CBP informed Maxeon that it denied its previous protests on the detained shipments of Maxeon 3, Maxeon 6, and Performance 6 solar panels that started under the Biden Administration in July 2024, resulting in their continued exclusion.

Maxeon asserts that CBP made this decision despite being provided “comprehensive and transparent mapping of its supply chains and submission of thousands of pages of documentation demonstrating full compliance with the Uyghur Forced Labor Prevention Act (UFLPA).”

Maxeon points out that CBP has cited no evidence or even alleged that Maxeon’s products do not comply with the UFLPA. Instead, the decision was based on what it claims was insufficient documentation. Maxeon maintains that CBP’s actions are without merit and is considering exercising its right to contest the decision in the U.S. Court of International Trade to demonstrate that Maxeon’s legacy supply chains are fully UFLPA-compliant.

Maxeon also cites other “inefficient and opaque actions” undertaken by CBP that “create significant uncertainty and disruption for both Maxeon and its clients.”

CBP’s determination implies that future imports of the same Maxeon products using identical supply chain traceability documentation would likely be denied entry, however, CBP cannot prevent Maxeon from making future imports of the same or different solar products with modified supply chain traceability documentation, as each shipment is evaluated independently.

“While (Maxeon) still faces near-term headwinds, we are making progress in strengthening our supply chain versatility and resilience, streamlining operations, increasing efficiency, and reducing cost,” affirmed Guo. “We are confident in the future of solar energy and in Maxeon’s ability to best meet the needs of our growing U.S. partner and IPP network.”

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