Notice2026-01603
Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People's Republic of China: Final Results of Countervailing Duty Administrative Review; 2022
Primary source
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Published
January 27, 2026
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that countervailable subsidies are being provided to producers/exporters of crystalline silicon photovoltaic cells, whether or not assembled into modules (solar cells), from the People's Republic of China (China) during the period of review (POR) January 1, 2022, through December 31, 2022.
Full Text
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<title>Federal Register, Volume 91 Issue 17 (Tuesday, January 27, 2026)</title>
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[Federal Register Volume 91, Number 17 (Tuesday, January 27, 2026)]
[Notices]
[Pages 3419-3421]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-01603]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-980]
Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled
Into Modules, From the People's Republic of China: Final Results of
Countervailing Duty Administrative Review; 2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
countervailable subsidies are being provided to producers/exporters of
crystalline silicon photovoltaic cells, whether or not assembled into
modules (solar cells), from the People's Republic of China (China)
during the period of review (POR) January 1, 2022, through December 31,
2022.
DATES: Applicable January 27, 2026.
FOR FURTHER INFORMATION CONTACT: Jose Rivera, AD/CVD Operations, Office
VII, Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482-0842.
SUPPLEMENTARY INFORMATION:
Background
On April 21, 2025, Commerce published the Preliminary Results of
this administrative review, and invited interested parties to
comment.\1\ On August 1, 2025, Commerce extended the deadline for these
final results to no later than October 20, 2025.\2\ Due to the lapse in
appropriations and Federal Government shutdown, on November 14, 2025,
Commerce tolled all deadlines in administrative proceedings by 47
days.\3\ Additionally, due to a backlog of documents that were
electronically filed via Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System (ACCESS)
during the Federal Government shutdown, on November 24, 2025, Commerce
tolled all deadlines in administrative proceedings by an additional 21
days.\4\ The current deadline is December 29, 2025.\5\ For a
description of the events that occurred since the Preliminary Results,
see the Issues and Decision Memorandum.\6\
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\1\ See Crystalline Silicon Photovoltaic Cells, Whether or Not
Assembled Into Modules, From the People's Republic of China:
Preliminary Results of Countervailing Duty Administrative Review,
and Rescission in Part; 2022, 90 FR 16666 (April 21, 2025)
(Preliminary Results).
\2\ See Memorandum, ``Extension of Deadline for Final Results of
Countervailing Duty Administrative Review,'' dated August 1, 2025.
\3\ See Memorandum, ``Deadlines Affected by the Shutdown of the
Federal Government,'' dated November 14, 2025.
\4\ See Memorandum, ``Tolling of all Case Deadlines,'' dated
November 24, 2025.
\5\ Because the new deadline falls on a holiday (i.e., December
25, 2025), the deadline becomes the next business day (i.e.,
December 29, 2025). See Notice of Clarification: Application of
``Next Business Day'' Rule for Administrative Determination
Deadlines Pursuant to the Tariff Act of 1930, As Amended, 70 FR
24533 (May 10, 2005).
\6\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Administrative Review of the Countervailing
Duty Order on Crystalline Silicon Photovoltaic Cells, Whether or Not
Assembled into Modules, from the People's Republic of China; 2022,''
dated concurrently with, and hereby adopted by, this notice (Issues
and Decision Memorandum).
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Scope of the Order
The products covered by the order are solar cells from China. For a
full
[[Page 3420]]
description of the scope of the Order, see the Issues and Decision
Memorandum.
Analysis of Comments Received
All issues raised in the parties' briefs are addressed in the
Issues and Decision Memorandum accompanying this notice. A list of the
issues addressed is attached to this notice at Appendix I. The Issues
and Decision Memorandum is a public document and is on file
electronically via Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System (ACCESS).
ACCESS is available to registered users at <a href="https://access.trade.gov">https://access.trade.gov</a>. In
addition, a complete version of the Issues and Decision Memorandum can
be accessed directly at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
Methodology
Commerce conducted this administrative review in accordance with
section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act).
For each subsidy program found countervailable, Commerce finds that
there is a subsidy, i.e., a government-provided financial contribution
that gives rise to a benefit to the recipient, and that the subsidy is
specific.\7\ For a description of the methodology underlying all of
Commerce's conclusions, including any determination that relied upon
the use of adverse facts available pursuant to section 776(a) and (b)
of the Act, see the Issues and Decision Memorandum.
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\7\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; section 771(5)(E) of the Act regarding
benefit; and section 771(5A) of the Act regarding specificity.
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Changes Since the Preliminary Results
Based on a comment received from Changzhou Zhaojing Light Energy
Co., Ltd. (Light Energy) and record information, Commerce is replacing
one of the previously selected mandatory respondents, Light Energy,
with its unaffiliated exporter, Yingli Energy (China) Company Limited
(Yingli China). In addition, for these final results, we revised the
total AFA rate and revised the subsidy rate for Yingli China to match
the revised total AFA rate being applied to Yangzhou Jinghua New Energy
Technology Co., Ltd. and Jiangsu Highhope International Group
Corporation (High Hope). These changes are explained in the Issues and
Decision Memorandum.
Rate for Non-Selected Companies Under Review
There are six companies for which a review was requested and not
rescinded, which had reviewable entries, and which were not selected as
mandatory respondents or found to be cross-owned with a mandatory
respondent. See Appendix II. The Act and Commerce's regulations do not
directly address the establishment of a rate to be applied to companies
not selected for individual examination when Commerce limits its
examination in an administrative review pursuant to section 777A(e)(2)
of the Act. However, Commerce normally determines the rates for non-
selected companies in reviews in a manner that is consistent with
section 705(c)(5) of the Act, which provides instructions for
calculating the all-others rate in an investigation. Section
705(c)(5)(A) of the Act states that for companies not investigated, in
general, we will determine an all-others rate by weight averaging the
countervailable subsidy rates established for each of the companies
individually investigated, excluding zero and de minimis rates or any
rates based entirely on facts available.
Accordingly, to determine the rate for companies not selected for
individual examination, Commerce's practice is to weight average the
net subsidy rates for the selected mandatory respondents, excluding
rates that are zero, de minimis, or based entirely on facts
available.\8\ In this administrative review, Commerce assigned a rate
based entirely on facts available to Yingli China and High Hope.
Therefore, we determine that it would not be a ``reasonable method'' to
assign Yingli China's or High Hope's rate as the non-selected rate. For
a further discussion of this issue, see the Issues and Decision
Memorandum. For these final results, in the absence of any other rate
not based entirely on facts available, we continue to resort to an
alternative reasonable method, which is to assign the non-select rate
calculated in the previous review under this proceeding.\9\ Therefore,
for the other companies that remain subject to this review but were not
selected as mandatory respondents, and which we are not finding to be
cross-owned with the mandatory respondents, we calculated the non-
selected rate using the 2021 non-selected rate of 9.07 percent.
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\8\ See, e.g., Certain Pasta from Italy: Final Results of the
13th (2008) Countervailing Duty Administrative Review, 75 FR 37386,
37387 (June 29, 2010).
\9\ See, e.g., Certain Passenger Vehicle and Light Truck Tires
from the People's Republic of China: Final Results of Antidumping
Duty Administrative Review and Final Determination of No Shipments;
2018-2019, 89 FR 33317 (April 29, 2024), and accompanying Issues and
Decision Memorandum (IDM) at Comment 1.
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Final Results of Administrative Review
We determine that, for the period January 1, 2022, through December
31, 2022, the following total net countervailable subsidy rates exist:
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Subsidy rate
Company (percent ad
valorem)
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Yingli Energy (China) Company Limited................... 117.41
Jiangsu Highhope International Group Corporation \10\... 117.41
Yangzhou Jinghua New Energy Technology Co., Ltd......... 117.41
Non-Selected Companies Under Review \11\................ 9.07
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\10\ This rate applies to: Jiangsu Highhope International Group
Corporation and its cross-owned companies: High Hope Zhongtian
Corporation and Jiangsu Suhui Asset Management Co., Ltd.
\11\ See Appendix II of this notice for a list of all companies that
remain under review but were not selected for individual examination
and to which Commerce has assigned the non-selected company rate.
Disclosure
Commerce intends to disclose the calculations and analysis
performed for these final results of review within five days of the
date of publication of this notice in the Federal Register, in
accordance with 19 CFR 351.224(b).
Assessment Rates
Pursuant to 19 CFR 351.212(b)(2), Commerce has determined, and U.S.
Customs and Border Protection (CBP) shall assess, countervailing duties
on all appropriate entries of subject merchandise in accordance with
the final results of this review, for the above-listed companies at the
applicable ad valorem assessment rates. We intend to issue assessment
instructions to CBP no earlier than 35 days after the date of
publication of these final results of review in the Federal Register.
If a timely summons is filed at the U.S. Court of International Trade,
the assessment instructions will direct CBP not to liquidate relevant
entries until the time for parties to file a request for a statutory
injunction has expired (i.e., within 90 days of publication).
Cash Deposit Requirements
In accordance with section 751(a)(2)(C) of the Act, Commerce also
intends to instruct CBP to collect cash deposits of estimated
countervailing duties in the amounts shown for the companies listed
above on shipments of
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subject merchandise entered, or withdrawn from warehouse, for
consumption on or after the date of publication of the final results of
this administrative review. For all non-reviewed firms, we will
instruct CBP to continue to collect cash deposits of estimated
countervailing duties at the most recent company-specific or all-others
rate applicable to the company, as appropriate. These cash deposit
requirements, effective upon publication of these final results, shall
remain in effect until further notice.
Administrative Protective Order
This notice also serves as a final reminder to parties subject to
the administrative protective order (APO) of their responsibility
concerning the destruction of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of the return or destruction of APO materials or
conversion to judicial protective order is hereby requested. Failure to
comply with the regulations and terms of an APO is a sanctionable
violation.
Notification to Interested Parties
Commerce is issuing the final results and publishing this notice in
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR
351.221(b)(5).
Dated: December 29, 2025.
Christopher Abbott,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Rate for Non-Selected Companies Under Review
V. Use of Facts Available and Application of Adverse Inferences
VI. Changes Since the Preliminary Results
VII. Subsidies Valuation Information
VIII. Discussion of the Issues
Comment 1: Whether Commerce Must Rescind the Review for Light
Energy
Comment 2: Whether Commerce Should Revise its AFA Calculation
Comment 3: Whether Commerce Should Revise the Non-Selected
Companies Rate
Comment 4: Whether Yingli China should Receive the Non-Selected
Companies Under Review Rate
Comment 5: Whether Commerce Should Rescind the Administrative
Review for All BYD Entities
Comment 6: Whether Commerce Should Revise its Liquidation
Instructions to CBP
IX. Recommendation
Appendix II
Non-Selected Companies Under Review
1. Anji Dasol Solar Energy Science & Technology Co., Ltd.
2. BYD (Shangluo) Industrial Co., Ltd.; Shanghai BYD Co., Ltd.; BYD
Company Ltd.
3. Changzhou Trina PV Ribbon Materials Co., Ltd.; Changzhou Trina
Solar Energy Co., Ltd.; Changzhou Trina Solar Yabang Energy Co.,
Ltd.; Hubei Trina Solar Energy Co., Ltd.; Trina Solar (Changzhou)
Science and Technology Co., Ltd.; Trina Solar Co., Ltd.; Turpan
Trina Solar Energy Co., Ltd.; Yancheng Trina Solar Energy Technology
Co., Ltd.
4. Shenzhen Sungold Solar Co., Ltd.
5. Toenergy Technology Hangzhou Co., Ltd.
6. Trina Solar Science & Technology (Thailand) Ltd.\12\
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\12\ In the final results of the 2021 administrative review,
this company was inadvertently grouped with other Trina companies.
Commerce has not made a cross-ownership determination with regards
to Trina Solar Science & Technology (Thailand) Ltd. and any other
company. See Crystalline Silicon Photovoltaic Cells, Whether or Not
Assembled Into Modules, from the People's Republic of China: Final
Results of Countervailing Duty Administrative Review; 2021, 89 FR
51497 (June 18, 2024).
[FR Doc. 2026-01603 Filed 1-26-26; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on January 27, 2026.
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