Certain Crystalline Silicon Photovoltaic Products From the People's Republic of China: Final Results of the Expedited Second Sunset Review of the Countervailing Duty Order
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Issuing agencies
Abstract
The U.S. Department of Commerce (Commerce) finds that revocation of the countervailing duty (CVD) order on certain crystalline silicon photovoltaic products from the People's Republic of China (China) would be likely to lead to continuation or recurrence of countervailable subsidies at the levels indicated in the "Final Results of Sunset Review" section of this notice.
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<title>Federal Register, Volume 91 Issue 27 (Tuesday, February 10, 2026)</title>
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[Federal Register Volume 91, Number 27 (Tuesday, February 10, 2026)]
[Notices]
[Pages 5900-5901]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-02558]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-011]
Certain Crystalline Silicon Photovoltaic Products From the
People's Republic of China: Final Results of the Expedited Second
Sunset Review of the Countervailing Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) finds that
revocation of the countervailing duty (CVD) order on certain
crystalline silicon photovoltaic products from the People's Republic of
China (China) would be likely to lead to continuation or recurrence of
countervailable subsidies at the levels indicated in the ``Final
Results of Sunset Review'' section of this notice.
DATES: Applicable February 10, 2026.
FOR FURTHER INFORMATION CONTACT: David De Falco, Trade Agreements
Policy and Negotiations, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: 202-482-2178.
SUPPLEMENTARY INFORMATION:
Background
On February 18, 2015, Commerce published the Order on certain solar
products from China.\1\ On August 1, 2025, Commerce published the
notice of initiation of the second sunset review of the Order, pursuant
to section 751(c) of the Tariff Act of 1930, as amended (the Act) and
19 CFR 351.218(c).\2\
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\1\ See Certain Crystalline Silicon Photovoltaic Products from
the People's Republic of China: Antidumping Duty Order; and Amended
Final Affirmative Countervailing Duty Determination and
Countervailing Duty Order, 80 FR 8592 (February 18, 2015) (Order).
\2\ See Initiation of Five-Year (Sunset) Reviews, 90 FR 36139
(August 1, 2025).
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On August 15, 2025, Commerce received a notice of intent to
participate in this review from the American Alliance for Solar
Manufacturing \3\ (the domestic interested party), within the deadline
specified in 19 CFR 351.218(d)(1)(i).\4\ The domestic interested party
claims that it has interested party status within the meaning of
section 771(9)(F) of the Act and 19 CFR 351.102(b)(29)(vii) as a trade
or business association a majority of whose members manufacture,
produce, or wholesale a domestic like product in the United States.\5\
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\3\ The American Alliance for Solar Manufacturing consists of
First Solar, Inc., Hanwha Q CELLS USA, Inc., Heliene USA, Inc.,
Suniva, Inc., and Mission Solar Energy LLC.
\4\ See Domestic Interested Party's Letter, ``Crystalline
Silicon Photovoltaic Products from the People's Republic of China:
Notice of Intent to Participate in Sunset Review,'' dated August 15,
2025.
\5\ Id. at 2.
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On September 2, 2025, Commerce received an adequate substantive
response from the domestic interested party, within the 30-day deadline
specified in 19 CFR 351.218(d)(3)(i).\6\ Commerce did not receive a
substantive response from either the Government of China or a
respondent interested party to this proceeding. On September 23, 2025,
Commerce notified the U.S. International Trade Commission (ITC) that it
did not receive an adequate substantive response from respondent
interested parties.\7\ As a result, Commerce conducted an expedited
(120-day) sunset review of the Order, pursuant to section 751(c)(3)(B)
of the Act and 19 CFR 351.218(e)(1)(ii)(B)(2) and (C)(2).
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\6\ See Domestic Interested Party's Letter, ``Crystalline
Silicon Photovoltaic Products from the People's Republic of China:
Substantive Response to Notice of Initiation of Sunset Review,''
dated September 2, 2025.
\7\ See Commerce's Letter, ``Sunset Reviews Initiated on August
1, 2025,'' dated September 23, 2025.
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Due to the lapse in appropriations and Federal Government shutdown,
on November 14, 2025, Commerce tolled
[[Page 5901]]
all deadlines in administrative proceedings by 47 days.\8\
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.\9\
Accordingly, the deadline for these final results is now February 5,
2026.
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\8\ See Memorandum, ``Deadlines Affected by the Shutdown of the
Federal Government,'' dated November 14, 2025.
\9\ See Memorandum, ``Tolling of all Case Deadlines,'' dated
November 24, 2025.
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Scope of the Order
The product covered by this Order is certain crystalline silicon
photovoltaic products from China. For the full description of the scope
of the Order, see the Issues and Decisions Memorandum.\10\
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\10\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Expedited Second Sunset Review of the
Countervailing Duty Order on Certain Crystalline Silicon
Photovoltaic Products from the People's Republic of China,'' dated
concurrently with, and hereby adopted by, this notice.
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Analysis of Comments Received
A complete discussion of all issues raised in this sunset review,
including the likelihood of continuation or recurrence of subsidization
and the countervailable subsidy rates likely to prevail if the Order
were to be revoked, is contained in the accompanying Issues and
Decision Memorandum.\11\ A list of the topics discussed in the Issues
and Decision Memorandum is attached as an appendix to this notice. The
Issues and Decision Memorandum is a public document and is on file
electronically via ACCESS, which is available to registered users at
<a href="https://access.trade.gov">https://access.trade.gov</a>. In addition, complete versions 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>.
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\11\ Id.
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Final Results of Sunset Review
Pursuant to sections 751(c) and 752(b) of the Act, Commerce
determines that revocation of the Order would be likely to lead to
continuation or recurrence of countervailable subsidies at the
following net countervailable subsidy rates: \12\
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\12\ See Certain Crystalline Silicon Photovoltaic Products from
the People's Republic of China: Notice of Court Decision Not in
Harmony with Amended Final Affirmative Countervailing Duty
Determination, 82 FR 52276 (November 13, 2017) (Final Determination
Timken Notice); ``Changzhou Trina Solar Energy Co., Ltd., et al, v.
United States: Final Results of Redetermination Pursuant to Court
Remand,'' dated May 1, 2017 (Final Remand); and Certain Crystalline
Silicon Photovoltaic Products from the People's Republic of China:
Final Results of the Expedited Sunset Review of the Countervailing
Duty Order, 85 FR 26929 (May 6, 2020) (First Sunset Review), and
accompanying IDM. In the Final Determination Timken Notice, the
subsidy rate likely to prevail for Changzhou Trina Solar Energy Co.,
Ltd. and its cross-owned affiliates (Trina Solar) was reported as
both 33.50 percent ad valorem and 39.50 percent ad valorem. In the
Final Remand, the calculated amended subsidy rate for Trina Solar
was 39.50 percent ad valorem. The 33.50 percent ad valorem rate
reported in the Final Determination Timken Notice was a
typographical error and was incorrectly identified as the rate
likely to prevail in the First Sunset Review. Accordingly, this
sunset review applies the 39.50 percent ad valorem subsidy rate,
plus additional subsidies found to be countervailable in the issues
and decision memorandum adopted by this notice.
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Net
countervailable
Company subsidy rate
(percent ad
valorem)
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Changzhou Trina Solar Energy Co., Ltd and its cross- 41.57
owned affiliates \13\...............................
Wuxi Suntech Power Co., Ltd.......................... 29.72
All Others........................................... 35.65
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Notification Regarding Administrative Protective Orders
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\13\ Cross-owned affiliates are: Trina Solar Limited; Trina
Solar (Changzhou) Science & Technology Co., Ltd.; Yancheng Trina
Solar Energy Technology Co., Ltd.; Changzhou Trina Solar Yabang
Energy Co., Ltd.; Hubei Trina Solar Energy Co., Ltd.; Turpan Trina
Solar Energy Co., Ltd.; and Changzhou Trina PV Ribbon Materials Co.,
Ltd.
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This notice also serves as the only reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305. Timely
notification of the return or destruction of APO materials, or
conversion to judicial protective, orders is hereby requested. Failure
to comply with the regulations and terms of an APO is a violation which
is subject to sanction.
Notification to Interested Parties
We are issuing and publishing these final results in accordance
with sections 751(c), 752(b), and 777(i)(1) of the Act, and 19 CFR
351.221(c)(5)(ii).
Dated: February 4, 2026.
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
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. History of the Order
V. Legal Framework
VI. Discussion of the Issues
1. Likelihood of Continuation or Recurrence of a Countervailable
Subsidy
2. Net Countervailable Subsidy Rates Likely to Prevail
3. Nature of the Subsidies
VII. Final Results of Sunset Review
VIII. Recommendation
[FR Doc. 2026-02558 Filed 2-9-26; 8:45 am]
BILLING CODE 3510-DS-P
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