Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules From the Lao People's Democratic Republic: Preliminary Affirmative Countervailing Duty Determination, Preliminary Negative Critical Circumstances Determination, and Alignment of Final Determination With Final Antidumping Duty Determination
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Issuing agencies
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 the Lao People's Democratic Republic (Laos). The period of investigation (POI) is January 1, 2024, through December 31, 2024. Interested parties are invited to comment on this preliminary determination.
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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 9568-9572]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-03897]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-553-004]
Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled
Into Modules From the Lao People's Democratic Republic: Preliminary
Affirmative Countervailing Duty Determination, Preliminary Negative
Critical Circumstances Determination, 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 the Lao
People's Democratic Republic (Laos). The period of investigation (POI)
is January 1, 2024, through December 31, 2024. Interested parties are
invited to comment on this preliminary determination.
DATES: Applicable February 26, 2026.
FOR FURTHER INFORMATION CONTACT: Shane Subler or Laurel Smalley, AD/CVD
Operations, Office VIII, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-6241 or (202)
482-3456, respectively.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is made in accordance with section
703(b)
[[Page 9569]]
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 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 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 and Preliminary Negative Critical
Circumstances Determination in the Countervailing Duty Investigation
of Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled
Into Modules from the Lao People's Democratic Republic,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
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Scope of the Investigation
The products covered by this investigation are solar cells from
Laos. 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 to be
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 its determination, Commerce relied, in part, on
facts otherwise available. Further, because Commerce found that the
Government of Laos did not act to the best of its ability to respond to
certain requests for information, Commerce has drawn 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 Negative Determination of Critical Circumstances
In accordance with section 703(e)(1), Commerce preliminary
determines that critical circumstances do not exist. 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 Laos based on a request made by the
petitioner.\11\ Consequently, the final CVD determination will be
issued on the same date as the final antidumping duty 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\ Should the deadline fall 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
Sections 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. Section
705(c)(5)(A)(i) of the Act states that for companies not individually
investigated, Commerce will determine an ``all-others'' rate equal to
the weighted average countervailable subsidy rates established for
exporters and producers individually investigated, excluding any zero
and de minimis countervailable subsidy rates, and any rates determined
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 and/or exporters.
Commerce has preliminarily calculated an individual estimated
countervailable subsidy rate for Solarspace Technology Sole CO LTD
(Solarspace Laos), the only individually examined Laotian producer/
exporter in this investigation. Because the only
[[Page 9570]]
individually calculated rate is not zero, de minimis, or based entirely
on facts otherwise available, we are preliminarily assigning the
estimated weighted-average rate calculated for Solarspace Laos to all
other Laotian producers and exporters, pursuant to section
705(c)(5)(A)(i) of the Act.\13\
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\13\ Vietnam Sunergy Joint Stock Company (VSUN), the second
selected mandatory respondent, reported that it used Lao-origin
solar cells in the assembly of solar modules that VSUN exported from
Vietnam to the United States. See VSUN's Letter, ``VSUN Response to
Section III Identifying Affiliated Companies,'' dated September 24,
2025 (public version), at 2. For a discussion of the determination
of VSUN's preliminary subsidy rate, see the Preliminary
Determination section below; see also the Preliminary Decision
Memorandum at 23-25.
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For a full description of the methodology underlying Commerce's
analysis, see the Preliminary Decision Memorandum.
Preliminary Determination
Commerce preliminarily determines that the following estimated
countervailable subsidy rates exist:
------------------------------------------------------------------------
Subsidy rate
Company (percent ad
valorem)
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Solarspace Technology Sole CO LTD....................... 80.67
Vietnam Sunergy Joint Stock Company \14\................ 80.67
All Others.............................................. 80.67
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Suspension of Liquidation
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\14\ We are preliminarily treating VSUN as a trading company
that exports subject merchandise, pursuant to 19 CFR 351.525(c).
This subsidy rate applies to merchandise covered by the scope of
this investigation and exported by VSUN. However, this rate does
not, for example, apply to merchandise covered by the scope of the
CVD orders in 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). See
Appendix I, which identifies the merchandise covered by the scope of
this investigation and merchandise excluded from the scope of this
investigation; see also the Preliminary Decision Memorandum at 23-
25.
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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 has 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.
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
As provided in section 782(i)(1) of the Act, Commerce intends to
verify the information relied upon in making its final determination.
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 seven days after the date on which the last verification
report is issued in this investigation.\15\ A timeline for the
submission of case briefs and written comments will be notified to
interested parties at a later date. 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.\16\ 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.\17\
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\15\ See 19 CFR 351.309(c)(1)(i); see also 19 CFR 351.303 (for
general filing requirements).
\16\ 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).
\17\ 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.\18\ Further, we request that interested parties limit their
public, executive summary of each issue to no more than 450 words, not
including citations. We intend to use the public, 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 public, 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).\19\
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\18\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\19\ 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)
[[Page 9571]]
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
determination whether imports of solar cells from Laos are materially
injuring, or threaten material injury to, the U.S. industry.\20\
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\20\ See section 705(b)(2) of the Act.
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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 I
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
[[Page 9572]]
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
(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. Preliminary Determination of Critical Circumstances
V. Diversification of Laos's Economy
VI. Use of Facts Otherwise Available and Adverse Inferences
VII. Subsidies Valuation Information
VIII. Benchmarks
IX. Analysis of Programs
X. Recommendation
[FR Doc. 2026-03897 Filed 2-25-26; 8:45 am]
BILLING CODE 3510-DS-P
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