Maxeon Americas, Inc. v. United States...what's next?
- Lyall Burgess
- 3 days ago
- 3 min read
Rather than adding an update onto the end of our original blog post we wanted to start a fresh blog post as there is now a proposed timeline (scheduling order) to resolve this case. To read our earlier blog post regarding Maxeon Americas, Inc. v. United States click the button below:
As a quick reminder Maxeon has had 156 containers full of solar panels (including 470W & 475W) detained by CBP since June 2024 and they have to prove forced labor in China was not used in the production of the raw materials (silica, quartz) in the solar cells.
Scheduling Order - Document 20
Judge: Claire R. Kelly | Court No. 25-00074
Case 1:25-cv-00074-CRK | Filed 12/23/25
The parties have conferred and on review and consideration of the parties’ proposed scheduling order, it is hereby ordered that the Scheduling Order be issued as follows:
January 5, 2026 - Initial disclosures required by USCIT Rule 26(a)(1) shall be filed
January 22, 2026 - latest date to submit any motions regarding the pleadings or other preliminary matters
June 22, 2026 - Fact discovery shall be completed
July 20, 2026 - Any motions regarding discovery shall be filed
July 22, 2026 - Expert witness reports, if any, shall be exchanged
August 12, 2026 - Expert witness depositions, if any, shall be completed
August 26, 2026 - Expert rebuttal reports, if any, shall be exchanged
September 11, 2026 - Dispositive motions, if any, shall be filed. A brief in response to a dispositive motion may include a dispositive cross-motion
September 18th, 2026 - If no dispositive motions are filed, a request for trial shall be filed, and shall be accompanied by a proposed order governing preparation for trial
If necessary, trial will begin at a time and place as ordered by the Court
On January 5th, 2026 the defendant, United States, filed initial disclosures, documents that disclosed individuals to support its claims in this case.
The United States reserves the right to supplement this disclosure throughout the discovery period.
On January 5th, 2026 the plaintiff, Maxeon Americas Inc., filed initial disclosures; further documents that disclosed individuals to have information to support its claims in this case. It also submitted evidence to support a clean & complete supply chain including certificates of analysis & certificates of origin for the polysilicon used in the solar modules at issue.
Maxeon discloses that it is not seeking damages in this matter
Maxeon discloses that it is not seeking damages in this matter. Maxeon is seeking a judgment that the entry is admissible and not subject to exclusion under the Uyghur Forced Labor Prevention Act and 19 U.S.C. § 1307 and directing Defendant to allow entry of the solar modules at issue. In addition, Maxeon is seeking costs and interest, including attorney’s fees, as allowed by law.
Summary
It's good news to see a timeline and maybe a little light at the end of the tunnel, but we are now in the 'period of fact discovery' until June 22, 2026 and so it's still many, many months until we might see the release of the detained Maxeon 470W & 475W solar panels. Maybe by September 2026 they are released?
As an aside it will be worth keeping an eye on the timeline for the new Maxeon factory in Albuquerque, NM. Maybe there will be Maxeon solar panels assembled in the USA before too long?
We will keep you as updated as we can and as always if you have any questions about going solar with Maxeon don't hesitate to get in touch with us:
