Notice2026-03895

Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From India: Preliminary Affirmative Countervailing Duty Determination, Preliminary Affirmative Critical Circumstances Determination, in Part, and Alignment of Final Determination With Final Antidumping Duty Determination

Primary source

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Published
February 26, 2026

Issuing agencies

Commerce DepartmentInternational Trade Administration

Abstract

The U.S. Department of Commerce (Commerce) preliminarily determines that countervailable subsidies are being provided to producers and exporters of crystalline silicon photovoltaic cells, whether or not assembled into modules (solar cells) from India. The period of investigation is April 1, 2024, through March 31, 2025. Interested parties are invited to comment on this preliminary determination.

Full Text

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<title>Federal Register, Volume 91 Issue 38 (Thursday, February 26, 2026)</title>
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[Federal Register Volume 91, Number 38 (Thursday, February 26, 2026)]
[Notices]
[Pages 9555-9559]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-03895]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-533-943]


Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled 
Into Modules, From India: Preliminary Affirmative Countervailing Duty 
Determination, Preliminary Affirmative Critical Circumstances 
Determination, in Part, and Alignment of Final Determination With Final 
Antidumping Duty Determination

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily 
determines that countervailable subsidies are being provided to 
producers and exporters of crystalline silicon photovoltaic cells, 
whether or not assembled into modules (solar cells) from India. The 
period of investigation is April 1, 2024, through March 31, 2025. 
Interested parties are invited to comment on this preliminary 
determination.

DATES: Applicable February 26, 2026.

FOR FURTHER INFORMATION CONTACT: Jinny Ahn or Amber Hodak, AD/CVD 
Operations, Office VI, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-0339 or (202) 482-8034, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    This preliminary determination is made in accordance with section 
703(b) of the Tariff Act of 1930, as amended (the Act). Commerce 
published the notice of initiation of this investigation on August 12, 
2025.\1\ On September 23, 2025, Commerce postponed the preliminary 
determination of this investigation.\2\ Due to the lapse in 
appropriations and Federal Government shutdown, on November 14, 2025, 
Commerce tolled all deadlines in

[[Page 9556]]

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\ Accordingly, the deadline for 
this preliminary determination is now February 20, 2026.
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    \1\ See Crystalline Silicon Photovoltaic Cells, Whether or Not 
Assembled into Modules, from India, Indonesia, and the Lao People's 
Democratic Republic: Initiation of Countervailing Duty 
Investigations, 90 FR 38745 (August 12, 2025) (Initiation Notice).
    \2\ See Crystalline Silicon Photovoltaic Cells, Whether or Not 
Assembled into Modules from India, Indonesia, and the Lao People's 
Democratic Republic: Postponement of Preliminary Determinations in 
the Countervailing Duty Investigations, 90 FR 45728 (September 23, 
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.
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    For a complete description of the events that followed the 
initiation of this investigation, see the Preliminary Decision 
Memorandum.\5\ A list of topics discussed in the Preliminary Decision 
Memorandum is included as Appendix II to this notice. The Preliminary 
Decision Memorandum is a public document and is on file electronically 
via Enforcement and Compliance's 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 Preliminary 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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    \5\ See Memorandum, ``Decision Memorandum for the Preliminary 
Affirmative Determination in the Countervailing Duty Investigation 
of Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled 
into Modules from India,'' dated concurrently with, and hereby 
adopted by this notice (Preliminary Decision Memorandum).
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Scope of the Investigation

    The product covered by this investigation is solar cells from 
India. For a complete description of the scope of this investigation, 
see Appendix I.

Scope Comments

    In accordance with the Preamble to Commerce's regulations,\6\ the 
Initiation Notice set aside a period of time for parties to raise 
issues regarding product coverage, (i.e., scope).\7 \We received 
comments concerning the scope of this investigation, as well as in the 
companion less-than-fair-value (LTFV) and other countervailing duty 
(CVD) investigations of solar cells, as it appeared in the Initiation 
Notice. We intend to issue our preliminary decision regarding the scope 
of the LTFV and CVD investigations in the preliminary determinations of 
the companion LTFV investigations, the current deadline of which is 
April 21, 2026. We will incorporate the scope decisions from the LTFV 
investigations into the scope of the final CVD determination for this 
investigation after considering any relevant comments submitted in 
scope case and rebuttal briefs.\8\
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    \6\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997) (Preamble).
    \7\ See Initiation Notice, 90 FR at 38746.
    \8\ The deadline for interested parties to submit scope case and 
rebuttal briefs will be established in the preliminary scope 
decision memorandum.
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Methodology

    Commerce is conducting this investigation in accordance with 
section 701 of the Act. For each of the subsidy programs found 
countervailable, Commerce preliminarily determines that there is a 
subsidy, i.e., a financial contribution by an ``authority'' that gives 
rise to a benefit to the recipient, and that the subsidy is specific.\9 
\In making these findings, Commerce relied, in part, on facts available 
and, because it finds that one or more respondents did not act to the 
best of its ability to respond to Commerce's requests for information, 
it drew an adverse inference where appropriate in selecting from among 
the facts otherwise available.\10\ For further information, see the 
``Use of Facts Otherwise Available and Adverse Inferences'' section in 
the Preliminary Decision Memorandum.
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    \9\ 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.
    \10\ See sections 776(a) and (b) of the Act.
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Preliminary Affirmative Determination of Critical Circumstances, in 
Part

    In accordance with section 703(e)(1) of the Act, Commerce 
preliminarily determines that critical circumstances exist with respect 
to imports of solar cells from India for Mundra Solar Energy Limited 
(Mundra Solar Energy) and Mundra Solar PV Limited (Mundra Solar PV), 
but that critical circumstances do not exist for all other producers 
and/or exporters. For a full description of the methodology and results 
of Commerce's analysis, see the Preliminary Decision Memorandum.

Alignment

    In accordance with section 705(a)(1) of the Act and 19 CFR 
351.210(b)(4), Commerce is aligning the final CVD determination in this 
investigation with the final determination in the companion LTFV 
investigation of solar cells from India based on a request made by the 
Alliance for American Solar Manufacturing and Trade (the 
petitioner).\11\ Consequently, the final CVD determination will be 
issued on the same date as the final LTFV determination, which is 
currently scheduled to be issued no later than July 6, 2026, unless 
postponed.\12\
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    \11\ See Petitioner's Letter, ``Request to Align Countervailing 
Duty Investigation Final Determinations with Antidumping Duty 
Investigation Final Determinations,'' dated February 5, 2026.
    \12\ Because the deadline falls on a weekend (i.e. July 5, 
2026), such deadlines become the next business day (i.e., July 6, 
2026). 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, 2025); see 
also See Crystalline Silicon Photovoltaic Cells, Whether or Not 
Assembled Into Modules, from India, Indonesia, and the Lao People's 
Democratic Republic: Postponement of Preliminary Determinations in 
the Less-Than-Fair-Value Investigations, 91 FR 7960 (February 19, 
2026).
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All-Others Rate

    Section 703(d) and 705(c)(5)(A) of the Act state that in the 
preliminary determination, Commerce shall determine an estimated all-
others rate for companies not individually examined. This rate shall be 
an amount equal to the weighted average of the estimated subsidy rates 
established for those companies individually examined, excluding any 
zero and de minimis rates and any rates based entirely under section 
776 of the Act. Pursuant to section 705(c)(5)(A)(ii) of the Act, if the 
individual estimated countervailable subsidy rates established for all 
exporters and producers individually examined are zero, de minimis, or 
determined based entirely on facts otherwise available, Commerce may 
use any reasonable method to establish the estimated subsidy rate for 
all other producers or exporters.
    Commerce has preliminarily determined the individually estimated 
subsidy rate for the individually examined respondents under section 
776 of the Act. Consequently, as a reasonable method, Commerce is 
determining the all-others rate based on the rate determined for Mundra 
Solar Energy and Mundra Solar PV, the mandatory respondents under 
investigation, as determined under section 776 of the Act, as this is 
the only rate available in this proceeding.\13\ For a full description 
of the methodology underlying Commerce's analysis, see the Preliminary 
Decision Memorandum.
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    \13\ See, e.g., Melamine from Germany: Final Affirmative 
Countervailing Duty Determination, 89 FR 97586 (December 9, 2024); 
see also Overhead Door Counterbalance Torsion Springs from the 
People's Republic of China: Final Affirmative Countervailing Duty 
Determination and Final Affirmative Critical Circumstances 
Determination in Part, 90 FR 39374 (August 15, 2025).

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[[Page 9557]]

Preliminary Determination

    Commerce preliminarily determines that the following estimated 
countervailable subsidy rates exist:

------------------------------------------------------------------------
                                                           Subsidy rate
                         Company                            (percent ad
                                                             valorem)
------------------------------------------------------------------------
Mundra Solar Energy Limited.............................        * 125.87
Mundra Solar PV Limited.................................        * 125.87
All-Others..............................................          125.87
------------------------------------------------------------------------
* Rate based on facts available with adverse inferences.

Suspension of Liquidation

    In accordance with section 703(d)(2) of the Act, Commerce will 
direct U.S. Customs and Border Protection (CBP) to suspend liquidation 
of entries of subject merchandise as described in the scope of the 
investigation section entered, or withdrawn from warehouse, for 
consumption on or after the date of publication of this notice in the 
Federal Register. Further, pursuant to section 703(d)(1)(B) of the Act 
and 19 CFR 351.107(e), Commerce will instruct CBP to require a cash 
deposit equal to the estimated company-specific countervailable subsidy 
rate or the estimated all-others rate, as follows: (1) the cash deposit 
rate for the respondents listed above will be equal to the company-
specific estimated individual countervailable subsidy rates determined 
in this preliminary determination; (2) if both the producer and 
exporter of the subject merchandise have company-specific estimated 
subsidy rates determined in this preliminary determination, and their 
rates differ, then the applicable cash deposit rate will be the higher 
of these two rates; (3) if either the producer or the exporter, but not 
both, of the subject merchandise have a company-specific estimated 
subsidy rate determined in this preliminary determination, the 
applicable cash deposit rate will be that company's company-specific 
rate; and (4) the cash deposit rate for all other producers and 
exporters will be equal to the estimated all-others subsidy rate.
    Section 703(e)(2) of the Act provides that, given an affirmative 
determination of critical circumstances, any suspension of liquidation 
shall apply to unliquidated entries of merchandise entered, or 
withdrawn from warehouse, for consumption on or after the later of: (a) 
the date which is 90 days before the date on which the suspension of 
liquidation was first ordered; or (b) the date on which notice of 
initiation of the investigation was published. Commerce preliminarily 
finds that critical circumstances exist for imports of subject 
merchandise produced and/or exported by Mundra Solar Energy and Mundra 
Solar PV. In accordance with section 703(e)(2)(A) of the Act, the 
suspension of liquidation shall apply to unliquidated entries of 
merchandise from the exporters/producers identified in this paragraph 
that were entered, or withdrawn from warehouse, for consumption on or 
after the date which is 90 days before the publication of this notice.

Disclosure

    Commerce intends to disclose its calculations and analysis 
performed to interested parties in this preliminary determination 
within five days of its public announcement, or if there is no public 
announcement, within five days of the date of this notice in accordance 
with 19 CFR 351.224(b).
    Consistent with 19 CFR 351.224(e), Commerce will analyze and, if 
appropriate, correct any timely allegations of significant ministerial 
errors by amending the preliminary determination. However, consistent 
with 19 CFR 351.224(d), Commerce will not consider incomplete 
allegations that do not address the significance standard under 19 CFR 
351.224(g) following the preliminary determination. Instead, Commerce 
will address such allegations in the final determination together with 
issues raised in the case briefs or other written comments.

Verification

    Because the examined respondents in this investigation did not 
provide information requested by Commerce and Commerce preliminarily 
determines each of the examined respondents to have been uncooperative, 
it will not conduct verification.

Public Comment

    All interested parties will have the opportunity to submit scope 
case and rebuttal briefs on the preliminary decision regarding the 
scope of the LTFV and CVD investigations. The deadlines to submit scope 
case and rebuttal briefs will be provided in the preliminary scope 
decision memorandum. For all scope case and rebuttal briefs, parties 
must file identical documents simultaneously on the records of the 
ongoing LTFV and CVD investigations. No new factual information or 
business proprietary information may be included in either scope case 
or rebuttal briefs.
    Non-scope related case briefs or other written comments may be 
submitted to the Assistant Secretary for Enforcement and Compliance no 
later than 30 days after the date of publication of the preliminary 
determination. Rebuttal briefs, limited to issues raised in the case 
briefs, may be filed not later than five days after the date for filing 
case briefs.\14\ Interested parties who submit case briefs or rebuttal 
briefs in this proceeding must submit: (1) a table of contents listing 
each issue; and (2) a table of authorities.\15\
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    \14\ See 19 CFR 351.309(d); see also Administrative Protective 
Order, Service, and Other Procedures in Antidumping and 
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29, 
2023) (APO and Service Final Rule).
    \15\ See 19 CFR 351.309(c)(2) and (d)(2).
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    As provided under 19 CFR 351.309(c)(2)(iii) and (d)(2)(iii), we 
request that interested parties provide at the beginning of their 
briefs a public, executive summary for each issue raised in their 
briefs.\16\ Further, interested parties should limit their executive 
summary of each issue to no more than 450 words, not including 
citations. We intend to use the executive summaries as the basis of the 
comment summaries included in the issues and decision memorandum that 
will accompany the final determination in this investigation. We 
request that interested parties include footnotes for relevant 
citations in the executive summary of each issue. Note that Commerce 
has amended certain of its requirements pertaining to the service of 
documents in 19 CFR 351.303(f).\17\
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    \16\ We use the term ``issue'' here to describe an argument that 
Commerce would normally address in a comment of the Issues and 
Decision Memorandum.
    \17\ See APO and Service Final Rule.
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, limited to issues raised in the case and rebuttal 
briefs, must submit a written request to the Assistant Secretary for 
Enforcement and Compliance, U.S. Department of Commerce within 30 days 
after the date of publication of this notice. Requests should contain: 
(1) the party's name, address, and telephone number; (2) the number of 
participants and whether any participant is a foreign national; and (3) 
a list of the issues to be discussed. If a request for a hearing is 
made, Commerce intends to hold the hearing at a time and date to be 
determined. Parties should confirm by telephone the date, time, and 
location of the hearing two days before the scheduled date.

U.S. International Trade Commission (ITC) Notification

    In accordance with section 703(f) of the Act, Commerce will notify 
the ITC of its determination. If the final determination is 
affirmative, the ITC will determine before the later of 120 days after 
the date of this preliminary determination or 45 days after the final

[[Page 9558]]

determination whether imports of solar cells from India are materially 
injuring, or threaten material injury to, the U.S. industry.

Notification to Interested Parties

    This determination is issued and published pursuant to sections 
703(f) and 777(i) of the Act, and 19 CFR 351.205(c).

    Dated: February 20, 2026.
Scot Fullerton,
Acting Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations.

Appendix

Scope of the Investigation

    The merchandise covered by this investigation is crystalline 
silicon photovoltaic cells, and modules, laminates, and panels, 
consisting of crystalline silicon photovoltaic cells, whether or not 
partially or fully assembled into other products, including, but not 
limited to, modules, laminates, panels and building integrated 
materials.
    This investigation covers crystalline silicon photovoltaic cells 
of thickness equal to or greater than 20 micrometers, having a p/n 
junction formed by any means, whether or not the cell has undergone 
other processing, including, but not limited to, cleaning, etching, 
coating, and/or addition of materials (including, but not limited 
to, metallization and conductor patterns) to collect and forward the 
electricity that is generated by the cell.
    Merchandise under consideration may be described at the time of 
importation as parts for final finished products that are assembled 
after importation, including, but not limited to, modules, 
laminates, panels, building-integrated modules, building integrated 
panels, or other finished goods kits. Such parts that otherwise meet 
the definition of merchandise under consideration are included in 
the scope of the investigation.
    Excluded from the scope of the investigation are thin film 
photovoltaic products produced from amorphous silicon (a-Si), 
cadmium telluride (CdTe), or copper indium gallium selenide (CIGS).
    Also excluded from the scope of the investigation are 
crystalline silicon photovoltaic cells, not exceeding 10,000 mm\2\ 
in surface area, that are permanently integrated into a consumer 
good whose function is other than power generation and that consumes 
the electricity generated by the integrated crystalline silicon 
photovoltaic cell. Where more than one cell is permanently 
integrated into a consumer good, the surface area for purposes of 
this exclusion shall be the total combined surface area of all cells 
that are integrated into the consumer good.
    Additionally, excluded from the scope of the investigation are 
panels with surface area from 3,450 mm\2\ to 33,782 mm\2\ with one 
black wire and one red wire (each of type 22 AWG or 24 AWG not more 
than 206 mm in length when measured from panel extrusion), and not 
exceeding 2.9 volts, 1.1 amps, and 3.19 watts. For the purposes of 
this exclusion, no panel shall contain an internal battery or 
external computer peripheral ports.
    Also excluded from the scope of the investigation are:
    (1) Off grid CSPV panels in rigid form with a glass cover, with 
the following characteristics: (A) a total power output of 100 watts 
or less per panel; (B) a maximum surface area of 8,000 cm\2\ per 
panel; (C) do not include a built-in inverter; (D) must include a 
permanently connected wire that terminates in either an 8 mm male 
barrel connector, or a two-port rectangular connector with two pins 
in square housings of different colors; (E) must include visible 
parallel grid collector metallic wire lines every 1-4 millimeters 
across each solar cell; and (F) must be in individual retail 
packaging (for purposes of this provision, retail packaging 
typically includes graphics, the product name, its description and/
or features, and foam for transport); and
    (2) Off grid CSPV panels without a glass cover, with the 
following characteristics: (A) a total power output of 100 watts or 
less per panel; (B) a maximum surface area of 8,000 cm\2\ per panel; 
(C) do not include a built-in inverter; (D) must include visible 
parallel grid collector metallic wire lines every 1-4 millimeters 
across each solar cell; and (E) each panel is (1) permanently 
integrated into a consumer good; (2) encased in a laminated material 
without stitching, or (3) has all of the following characteristics: 
(i) the panel is encased in sewn fabric with visible stitching, (ii) 
includes a mesh zippered storage pocket, and (iii) includes a 
permanently attached wire that terminates in a female USB-A 
connector.
    In addition, the following CSPV panels are excluded from the 
scope of the investigation: off-grid CSPV panels in rigid form with 
a glass cover, with each of the following physical characteristics, 
whether or not assembled into a fully completed off-grid hydropanel 
whose function is conversion of water vapor into liquid water: (A) a 
total power output of no more than 80 watts per panel; (B) a surface 
area of less than 5,000 square centimeters (cm\2\) per panel; (C) do 
not include a built-in inverter; (D) do not have a frame around the 
edges of the panel; (E) include a clear glass back panel; and (F) 
must include a permanently connected wire that terminates in a 
twoport rectangular connector.
    Additionally excluded from the scope of this investigation are 
off-grid small portable crystalline silicon photovoltaic panels, 
with or without a glass cover, with the following characteristics: 
(1) a total power output of 200 watts or less per panel; (2) a 
maximum surface area of 16,000 cm\2\ per panel; (3) no built-in 
inverter; (4) an integrated handle or a handle attached to the 
package for ease of carry; (5) one or more integrated kickstands for 
easy installation or angle adjustment; and (6) a wire of not less 
than 3 meters either permanently connected or attached to the 
package that terminates in an 8 mm diameter male barrel connector.
    Also excluded from the scope of this investigation are off-grid 
crystalline silicon photovoltaic panels in rigid form with a glass 
cover, with each of the following physical characteristics, whether 
or not assembled into a fully completed off-grid hydropanel whose 
function is conversion of water vapor into liquid water: (A) a total 
power output of no more than 180 watts per panel at 155 degrees 
Celsius; (B) a surface area of less than 16,000 square centimeters 
(cm\2\) per panel; (C) include a keep-out area of approximately 
1,200 cm\2\ around the edges of the panel that does not contain 
solar cells; (D) do not include a built-in inverter; (E) do not have 
a frame around the edges of the panel; (F) include a clear glass 
back panel; (G) must include a permanently connected wire that 
terminates in a two-port rounded rectangular, sealed connector; (H) 
include a thermistor installed into the permanently connected wire 
before the twoport connector; and (I) include exposed positive and 
negative terminals at opposite ends of the panel, not enclosed in a 
junction box.
    Further excluded from the scope of the investigation are:
    (1) Off grid rigid CSPV panels with a glass cover, with the 
following characteristics: (A) a total power output of 200 watts or 
less per panel, (B) a maximum surface area of 10,500 cm\2\ per 
panel, (C) do not include a built-in inverter, (D) must include a 
permanently connected wire that terminates in waterproof connector 
with a cylindrical positive electrode and a rectangular negative 
electrode with the positive and negative electrodes having an 
interlocking structure, (E) must include visible parallel grid 
collector metallic wire lines every 1-4 millimeters across each 
solar cell, and (F) must be in individual retail packaging (for 
purposes of this provision, retail packaging typically includes 
graphics, the product name, its description and/or features); and
    (2) Off-grid small portable crystalline silicon photovoltaic 
panels, with or without a glass cover, with the following 
characteristics: (A) a total power output of 200 watts or less per 
panel, (B) a maximum surface area of 16,000 cm\2\ per panel, (C) no 
built-in inverter, (D) an integrated handle or a handle attached to 
the package for ease of carry, (E) one or more integrated kickstands 
for easy installation or angle adjustment, and (F) a wire either 
permanently connected or attached to the package terminates in 
waterproof connector with a cylindrical positive electrode and a 
rectangular negative electrode with the positive and negative 
electrodes having an interlocking structure.
    Also excluded from the scope of the investigation are:
    (1) Off grid rigid CSPV panels with a glass cover, with the 
following characteristics: (A) a total power output of 200 watts or 
less per panel, (B) a maximum surface area of 10,500 cm\2\ per 
panel, (C) do not include a built-in inverter, (D) must include a 
permanently connected wire that terminates in waterproof connector 
with a cylindrical positive electrode and a rectangular negative 
electrode with the positive and negative electrodes having an 
interlocking structure, (E) must include visible parallel grid 
collector metallic wire lines every 1-4 millimeters across each 
solar cell, and (F) must be in individual retail packaging (for 
purposes of this provision, retail packaging typically includes 
graphics, the product name, its description and/or features); and

[[Page 9559]]

    (2) Small off-grid panels with glass cover, with the following 
characteristics: (A) surface area from 3,450 mm\2\ to 33,782 mm\2\, 
(B) with one black wire and one red wire (each of type 22AWG or 28 
AWG not more than 350 mm in length when measured from panel 
extrusion), (C) not exceeding 10 volts, (D) not exceeding 1.1 amps, 
(E) not exceeding 6 watts, and (F) for the purposes of this 
exclusion, no panel shall contain an internal battery or external 
computer peripheral ports.
    Additionally excluded from the scope of the investigation are:
    (1) Off grid rigid CSPV panels with a glass cover, with the 
following characteristics: (A) a total power output of 175 watts or 
less per panel, (B) a maximum surface area of 9,000 cm\2\ per panel, 
(C) do not include a built-in inverter, (D) must include a 
permanently connected wire that terminates in waterproof connector 
with a cylindrical positive electrode and a rectangular negative 
electrode with the positive and negative electrodes having an 
interlocking structure; (E) must include visible parallel grid 
collector metallic wire lines every 1-4 millimeters across each 
solar cell, and (F) must be in individual retail packaging (for 
purposes of this provision, retail packaging typically includes 
graphics, the product name, its description and/or features); and
    (2) Off grid CSPV panels without a glass cover, with the 
following characteristics, (A) a total power output of 220 watts or 
less per panel, (B) a maximum surface area of 16,000 cm\2\ per 
panel, (C) do not include a built-in inverter, (D) must include 
visible parallel grid collector metallic wire lines every 1-4 
millimeters across each solar cell, and (E) each panel is encased in 
a laminated material without stitching.
    Also excluded from the scope of this investigation are off-grid 
CSPV panels in rigid form, with or without a glass cover, 
permanently attached to an aluminum extrusion that is an integral 
component of an automation device that controls natural light, 
whether or not assembled into a fully completed automation device 
that controls natural light, with the following characteristics:
    (1) a total power output of 20 watts or less per panel;
    (2) a maximum surface area of 1,000 cm\2\ per panel;
    (3) does not include a built-in inverter for powering third 
party devices.
    Modules, laminates, and panels produced in a third-country from 
cells produced in a subject country are covered by the 
investigation; however, modules, laminates, and panels produced in a 
subject country from cells produced in a third-country are not 
covered by the investigation.
    Also excluded from the scope of this investigation are all 
products covered by the scope of the antidumping and countervailing 
duty orders on Crystalline Silicon Photovoltaic Cells, Whether or 
Not Assembled into Modules, from the People's Republic of China: 
Amended Final Determination of Sales at Less Than Fair Value, and 
Antidumping Order, 77 FR 73018 (December 7, 2012); and Crystalline 
Silicon Photovoltaic Cells, Whether or Not Assembled into Modules, 
from the People's Republic of China: Countervailing Duty Order, 77 
FR 73017 (December 7, 2012).
    Also excluded from the scope of this investigation are all 
products covered by the scope of the antidumping and countervailing 
duty orders on Crystalline Silicon Photovoltaic Cells, Whether or 
Not Assembled into Modules from the Socialist Republic of Vietnam: 
Amended Final Antidumping Duty Determination; Crystalline Silicon 
Photovoltaic Cells, Whether or Not Assembled into Modules from 
Cambodia, Malaysia, Thailand, and the Socialist Republic of Vietnam: 
Antidumping duty Orders, 90 FR 26786 (June 24, 2025); Crystalline 
Silicon Photovoltaic Cells, Whether or Not Assembled into Modules 
from the Socialist Republic of Vietnam: Amended Final Antidumping 
Duty Determination; Crystalline Silicon Photovoltaic Cells, Whether 
or Not Assembled into Modules from Cambodia, Malaysia, Thailand, and 
the Socialist Republic of Vietnam: Antidumping Duty Orders; 
Correction, 90 FR 29843 (July 7, 2025); and Crystalline Silicon 
Photovoltaic Cells, Whether or Not Assembled into Modules, from 
Malaysia and Thailand: Amended Final Countervailing Duty 
Determinations; Crystalline Silicon Photovoltaic Cells, Whether or 
Not Assembled into Modules, from Cambodia, Malaysia, Thailand, and 
the Socialist Republic of Vietnam: Countervailing Duty Orders, 90 FR 
26791 (June 24, 2025).
    Merchandise covered by the investigation is currently classified 
in the Harmonized Tariff System of the United States (HTSUS) under 
subheadings 8541.42.0010 and 8541.43.0010. Imports of the subject 
merchandise may enter under HTSUS subheadings 8501.71.0000, 
8501.72.1000, 8501.72.2000, 8501.72.3000, 8501.72.9000, 
8501.80.1000, 8501.80.2000, 8501.80.3000, 8501.80.9000, 
8507.20.8010, 8507.20.8031, 8507.20.8041, 8507.20.8061, and 
8507.20.8091. These HTSUS subheadings are provided for convenience 
and customs purposes; the written description of the scope of the 
investigation is dispositive.

Appendix II

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Injury Test
IV. Diversification of India's Economy
V. Preliminary Affirmative Determination of Critical Circumstances, 
In Part
VI. Use of Facts Otherwise Available and Adverse Inferences
VII. Analysis of Programs
VIII. Recommendation

[FR Doc. 2026-03895 Filed 2-25-26; 8:45 am]
BILLING CODE 3510-DS-P


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Indexed from Federal Register on February 26, 2026.

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