Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From Indonesia: Amended Preliminary Affirmative Determination of Sales at Less Than Fair Value
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Issuing agencies
Abstract
The U.S. Department of Commerce (Commerce) is amending its preliminary affirmative determination in the less-than-fair-value (LTFV) investigation of crystalline silicon photovoltaic cells, whether or not assembled into modules (solar cells), from Indonesia to reflect Commerce's determination that it is necessary to rely on facts otherwise available including adverse inferences (AFA) in reaching its preliminary determination. The period of investigation (POI) is July 1, 2024, through June 30, 2025.
Full Text
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<title>Federal Register, Volume 91 Issue 101 (Wednesday, May 27, 2026)</title>
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[Federal Register Volume 91, Number 101 (Wednesday, May 27, 2026)]
[Notices]
[Pages 31429-31430]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-10519]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-560-846]
Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled
Into Modules, From Indonesia: Amended Preliminary Affirmative
Determination of Sales at Less Than Fair Value
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) is amending its
preliminary affirmative determination in the less-than-fair-value
(LTFV) investigation of crystalline silicon photovoltaic cells, whether
or not assembled into modules (solar cells), from Indonesia to reflect
Commerce's determination that it is necessary to rely on facts
otherwise available including adverse inferences (AFA) in reaching its
preliminary determination. The period of investigation (POI) is July 1,
2024, through June 30, 2025.
DATES: Applicable May 27, 2026.
FOR FURTHER INFORMATION CONTACT: Myrna Lobo or Thomas Cloyd, AD/CVD
Operations, Office VII, Enforcement and Compliance, International Trade
Administration, U.S. Department of
[[Page 31430]]
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone:
(202) 482-2371or (202) 482-1246, respectively.
SUPPLEMENTARY INFORMATION:
Background
On April 28, 2026, Commerce published in the Federal Register its
preliminary affirmative determination in the LTFV investigation of
solar cells from Indonesia.\1\ In the Preliminary Determination,
Commerce noted that, because sufficient information regarding
affiliation was missing from the record, it was necessary to rely on
facts otherwise available in determining the estimated weighted-average
dumping margin for PT Blue Sky Solar Indonesia (Blue Sky).\2\ Moreover,
Commerce stated that it intended to request additional information from
Blue Sky to consider for the final determination and that we intended
to conduct verification of Blue Sky's responses to more definitively
determine whether Blue Sky has undisclosed affiliation.\3\ On April 30,
2026, Commerce contacted Blue Sky to obtain additional information and
verify Blue Sky's responses regarding affiliation.\4\ Blue Sky declined
to cooperate with Commerce's request. Therefore, Commerce finds that it
is necessary to amend its Preliminary Determination to reflect the need
to rely on total AFA to determine of Blue Sky's preliminary estimated
weighted-average dumping margin. For a detailed discussion of
Commerce's request for information and attempt to verify Blue Sky's
reporting of affiliations, as well as its decision to rely on total AFA
for the Preliminary Determination, see the Amended Preliminary Decision
Memorandum.
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\1\ See Crystalline Silicon Photovoltaic Cells, Whether or Not
Assembled into Modules, from Indonesia: Preliminary Affirmative
Determination of Sales at Less Than Fair Value, Preliminary
Affirmative Determination of Critical Circumstances, in Part, 91 FR
22802 (April 28, 2026) (Preliminary Determination), and accompanying
Preliminary Decision Memorandum (PDM).
\2\ See Preliminary Determination PDM at 5-6.
\3\ Id.
\4\ See Memorandum, ``Decision Memorandum for the Amended
Preliminary Affirmative Determination in the Less-Than-Fair-Value
Investigation of Crystalline Silicon Photovoltaic Cells, Whether or
Not Assembled into Modules from Indonesia,'' dated concurrently
with, and hereby adopted by, this notice (Amended Preliminary
Decision Memorandum).
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Amended Preliminary Determination
As a result of Commerce's finding that it is necessary to rely on
total AFA in reaching its preliminary determination, Commerce is
applying the following estimated weighted-average dumping margin to
Blue Sky for the Preliminary Determination.
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Weighted-
average
Exporter/producer \5\ dumping
margin
(percent)
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PT Blue Sky Solar Indonesia................................ * 94.36
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* Rate based on facts available with adverse inferences.
Disclosure
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\5\ The rate for PT REC Solar Energy Indonesia and the rate for
all other producers/exporters remains unchanged for the Preliminary
Determination.
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Normally, Commerce discloses to interested parties the calculations
performed in connection with a preliminary determination within five
days of any public announcement or, if there is no public announcement,
within five days of the date of publication of this notice of
preliminary determination in the Federal Register, in accordance with
19 CFR 351.224(b). However, because Commerce is applying total AFA to
the individually examined company Blue Sky in this investigation, in
accordance with section 776 of the Tariff Act of 1930, as amended (the
Act), and the applied AFA rate is based solely on the Petition, there
are no calculations to disclose.\6\
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\6\ See Alliance for American Solar Manufacturing and Trade's
Letter, ``Petitions for the Imposition of Antidumping and
Countervailing Duties on Imports of Crystalline Silicon Photovoltaic
Cells, Whether or Not Assembled Into Modules, from the Republic of
India, the Republic of Indonesia, and the Lao People's Democratic
Republic,'' dated July 17, 2025 (Petition); see also Checklist,
``Antidumping Duty Investigation Initiation Checklist,'' dated
August 6, 2025.
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Amended Cash Deposits and Suspension of Liquidation
The collection of cash deposits and suspension of liquidation will
be revised according to the rates calculated in this amended
preliminary determination, in accordance with section 733(d) of the
Act. Because this amended preliminary determination results in an
increased cash deposit rate, this rate will be effective on the date of
publication of this notice in the Federal Register. These suspension of
liquidation instructions will remain in effect until further notice.
U.S. International Trade Commission (ITC) Notification
In accordance with section 733(f) of the Act, Commerce will notify
the ITC of our amended preliminary determination.
Notification to Interested Parties
This amended preliminary determination is issued and published in
accordance with sections 733(d) 777(i)(1) of the Act.
Dated: May 21, 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.
[FR Doc. 2026-10519 Filed 5-26-26; 8:45 am]
BILLING CODE 3510-DS-P
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