Notice2026-18939
Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From Indonesia: Final Affirmative Determination of Sales at Less Than Fair Value and Final Affirmative Determination of Critical Circumstances
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 16, 2026
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that imports of crystalline silicon photovoltaic cells, whether or not assembled into modules (solar cells) from Indonesia are being, or are likely to be, sold in the United States at less than fair value (LTFV). 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 178 (Wednesday, September 16, 2026)</title>
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[Federal Register Volume 91, Number 178 (Wednesday, September 16, 2026)]
[Notices]
[Pages 58651-58655]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-18939]
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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: Final Affirmative Determination of Sales
at Less Than Fair Value and Final Affirmative Determination of Critical
Circumstances
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
imports of crystalline silicon photovoltaic cells, whether or not
assembled into modules (solar cells) from Indonesia are being, or are
likely to be, sold in the United States at less than fair value (LTFV).
The period of investigation (POI) is July 1, 2024, through June 30,
2025.
DATES: Applicable September 16, 2026.
FOR FURTHER INFORMATION CONTACT: Myrna Lobo, 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) 482-2371.
SUPPLEMENTARY INFORMATION:
Background
[[Page 58652]]
On April 28, 2026, Commerce published the Preliminary and invited
interested parties to comment.\1\ On May 27, 2026, Commerce published
the Amended Preliminary Determination in this investigation.\2\ On May
13, 2026, Commerce postponed the final determination to no later than
135 days after the date of publication of the Preliminary Determination
and extended the provisional measures from a four-month period to a
period of not more than six months. Accordingly, the deadline for this
final determination is now September 10, 2026.\3\
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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.
\2\ See Crystalline Silicon Photovoltaic Cells, Whether or Not
Assembled Into Modules, from Indonesia: Amended Preliminary
Affirmative Determination of Sales at Less Than Fair Value, 91 FR
31429 (May 27, 2026) (Amended Preliminary Determination).
\3\ See Crystalline Silicon Photovoltaic Cells, Whether or Not
Assembled Into Modules, from Indonesia: Postponement of Final
Determination of Sales at Less Than Fair Value Investigation and
Extension of Provisional Measures, 91 FR 27014 (May 13, 2026).
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For a complete description of the events that occurred since the
Preliminary Determination, see the Issues and Decision Memorandum.\4\
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). In
addition, a complete version of the Issues and Decision Memorandum can
be accessed directly at <a href="https://access.trade.gov/frnotices">https://access.trade.gov/frnotices</a>.
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\4\ See Memorandum, ``Issues and Decision Memorandum for the
Final Affirmative Determination of Sales at 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 (Issues and Decision
Memorandum).
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Scope of the Investigation
The products covered by this investigation are solar cells from
Indonesia. For a complete description of the scope of this
investigation, see Appendix I.
Scope Comments
In the Preliminary Scope Memorandum, we set aside a period of time
for parties to raise issues regarding product coverage (i.e., scope) in
scope-specific case briefs or other written comments.\5\ We received
scope case and rebuttal briefs from multiple interested parties. For a
summary of the product coverage comments and rebuttal responses
submitted to the record for this final determination, and accompanying
discussion and analysis of all comments timely received, see the Final
Scope Memorandum.\6\ In the Final Scope Memorandum, Commerce determined
that it is not modifying the scope language as it appeared in the
Initiation Notice.\7\ See Appendix I.
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\5\ See Memorandum, ``Less-Than-Fair-Value Investigations 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: Scope Comments Decision
Memorandum for the Preliminary Determinations,'' dated April 21,
2026 (Preliminary Scope Memorandum).
\6\ See Memorandum, ``Less-Than-Fair-Value Investigations 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: Scope Comments Decision
Memorandum for the Final Determinations,'' dated concurrently with
this notice (Final Scope Memorandum).
\7\ 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).
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Verification
Commerce conducted verification of the information relied upon in
making its final determination in this investigation, in accordance
with section 782(i) of the Tariff Act of 1930, as amended (the Act).
Specifically, Commerce conducted on-site verification of the sales and
cost information submitted by PT REC Solar Energy Indonesia (REC
Solar).\8\ We used standard verification procedures, including an
examination of relevant sales and accounting records, and original
source documents provided by REC Solar. Because PT Blue Sky Solar
Indonesia (Blue Sky), a mandatory respondent in this investigation, did
not provide information requested by Commerce, and Commerce has
determined that Blue Sky has been uncooperative, Commerce did not
conduct verification.\9\ For further information, see the Amended
Preliminary Determination.
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\8\ See Memoranda, ``Verification of the Sales Response of PT
REC Solar Energy Indonesia in the Antidumping Duty Investigation of
Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled
Into Modules, from Indonesia,'' dated July 23, 2026; and
``Verification of the Cost Response of PT REC Solar Energy
Indonesia, in the Less-Than-Fair-Value Investigation of Crystalline
Silicon Photovoltaic Cells, Whether or Not Assembled into Modules
from Indonesia,'' dated July 23, 2026.
\9\ See Amended Preliminary Determination; see also Issues and
Decision Memorandum at Comments 7 through 11.
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Analysis of Comments Received
All issues raised in the case and rebuttal briefs submitted by
interested parties in this investigation are addressed in the Issues
and Decision Memorandum. For a list of the issues addressed in the
Issues and Decision Memorandum, see Appendix II.
Changes Since the Preliminary Determination
We made certain changes since the Preliminary Determination. For a
discussion of these changes, see the Issues and Decision Memorandum.
Use of Adverse Facts Available
Consistent with the Amended Preliminary Determination, Commerce
continues to find, pursuant to sections 776(a) and (b) of the Act, that
the use of facts otherwise available, with adverse inferences (AFA), is
warranted in determining the estimated weighted-average dumping margin
for Blue Sky. For this final determination, there is no new information
on the record that would cause us to reconsider our Amended Preliminary
Determination. With respect to REC Solar, Commerce finds, pursuant to
sections 776(a) and (b) of the Act, that the use of facts otherwise
available, with adverse inferences (AFA), is warranted in determining
the estimated weighted-average dumping margin for this final
determination. For a full description of the methodology underlying
Commerce's final determination, see the Issues and Decision
Memorandum.\10\ As AFA, we assigned the rate of 94.36 percent to REC
Solar.\11\ For a full description of the methodology underlying
Commerce's final determination, see the Issues and Decision Memorandum.
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\10\ See Issues and Decision Memorandum at Comment 1.
\11\ Id.
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All-Others Rate
Section 735(c)(5)(A) of the Tariff Act of 1930, as amended (the
Act), provides that the estimated weighted-average dumping margin for
all other producers and exporters not individually investigated shall
be equal to the weighted average of the estimated weighted-average
dumping margins established for exporters and producers individually
investigated, excluding rates that are zero, de minimis, or determined
entirely under section 776 of the Act. When there is no individually
calculated dumping margin that is not zero, de minimis, or based
entirely on facts available, section 735(c)(5)(B) of the Act provides
that
[[Page 58653]]
Commerce may use any reasonable method to establish the estimated all-
others rate for exporters and producers not individually
investigated.\12\ The SAA provides that when the dumping margin for all
individually investigated companies are determined entirely on the
basis of facts available or are zero or de minimis, ``{t{time} he
expected method in such cases will be to weight-average the zero and de
minimis margins and the margins determined pursuant to the facts
available, provided that volume data {are{time} available.'' \13\
However the SAA also instructs that, ``if this {expected{time} method
is not feasible, or if it results in an average that would not be
reasonably reflective of potential dumping margins for non-investigated
exporters or producers, Commerce may use other reasonable methods.''
\14\
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\12\ See section 735(c)(5)(B) of the Act; see also Albemarle
Corp. v. United States, 821 F.3d 1345, 1352 (Fed. Cir. 2016)
(Albemarle) (``. . . when all individually examined respondents are
assigned de minimis margins, Commerce is expected to calculate the
separate rate by taking the average of those margins. Commerce may
use `other reasonable methods,' but only if Commerce reasonably
concludes that the expected method is `not feasible' or `would not
be reasonably reflective of potential dumping margins.' (internal
citations omitted)'').
\13\ See Statement of Administrative Action Accompanying the
Uruguay Round Agreements Act, H.R. Doc. 103-316, Vol. 1. (1994)
(SAA) at 873.
\14\ Id.
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In the Preliminary Determination, we assigned a dumping margin of
35.17 percent each to REC Solar and Blue Sky. We amended the dumping
margin for Blue Sky to 94.36 percent in the Amended Preliminary
Determination, the sole estimated dumping margin from the Petition,
pursuant to the Initiation Checklist.\15\ We have also assigned a
dumping margin of 94.36 percent to REC Solar for this final
determination. This rate is derived from the only reliable information
available from which to establish an all-others rate in the absence of
an individually-calculated dumping margin that is not zero, de minimis,
or based entirely on facts available nor information which allows for
weight-averaging of more than one margin; thus, use of the sole
petition margin conforms to the ``any reasonable method'' standard.
Therefore, we assign a dumping margin of 94.36 percent as the all-
others rate for this final determination.
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\15\ See Crystalline Silicon Photovoltaic Cells, Whether or Not
Assembled into Modules, from India, Indonesia, and the Lao People's
Democratic Republic: Initiation of Less-Than-Fair-Value
Investigations, 90 FR 38736, 38739 (August 12, 2025), and
accompanying Initiation Checklist, ``Crystalline Silicon
Photovoltaic Cells, Whether or Not Assembled into Modules, from
Indonesia,'' dated August 6, 2025.
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Final Affirmative Determination of Critical Circumstances
In accordance with section 735(a)(3) of the Act and 19 CFR 351.206,
Commerce has made a final determination regarding critical
circumstances. As a result of our application of AFA, we find that
critical circumstances exist for imports of the subject merchandise
from Indonesia produced and/or exported by Blue Sky and REC Solar.\16\
In addition, we continue to find that critical circumstances exist for
imports of the subject merchandise from Indonesia produced and/or
exported by all other producers and/or exporters.\17\
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\16\ See Issues and Decision Memorandum at ``Final Affirmative
Determination of Critical Circumstances;'' see also Memorandum,
``Final Analysis of Critical Circumstances,'' dated concurrently
with this notice.
\17\ Id.
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Final Determination
Commerce determines that the following estimated weighted-average
dumping margins exist:
------------------------------------------------------------------------
Weighted-
average
dumping
Exporter/producer margin
(percent)
\18\
------------------------------------------------------------------------
PT Blue Sky Solar Indonesia................................. * 94.36
PT REC Solar Energy Indonesia............................... * 94.36
All Others.................................................. 94.36
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* Rate based on facts available with adverse inferences.
Disclosure
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\18\ The cash deposit rates have not been adjusted for subsidy
offsets because Blue Sky and REC Solar did not receive any export
subsidies in the companion countervailing duty investigation.
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Normally, Commerce discloses to interested parties the calculations
performed in connection with a final determination within five days of
any public announcement or, if there is no public announcement, within
five days of the date of publication of the notice of final
determination in the Federal Register, in accordance with 19 CFR
351.224(b). Because Commerce applied AFA to the individually examined
companies Blue Sky and REC Solar in this investigation, in accordance
with section 776 of the Act, and the applied AFA rate is based solely
on the Petition, there are no calculations to disclose. However,
Commerce will disclose its critical circumstances analysis for all
other producers and/or exporters for this final determination.
Continuation of Suspension of Liquidation
In accordance with section 735(c)(4)(B) of the Act, Commerce will
instruct U.S. Customs and Border Protection (CBP) to continue to
suspend liquidation of all entries of solar cells, as described in
Appendix I of this notice, which were entered, or withdrawn from
warehouse, for consumption 90 days prior to April 28, 2026, which is
the date of publication of the Preliminary Determination in the Federal
Register, because we determine that critical circumstances exist with
respect to Blue Sky, REC Solar, and all other producers and/or
exporters.
Pursuant to sections 735(c)(1)(B)(ii) and 735(c)(5)(A) of the Act,
and 19 CFR 351.210(d), upon the publication of this notice, we will
instruct CBP to require a cash deposit for estimated antidumping duties
as follows: (1) the cash deposit rate for the companies listed in the
table above that exported the subject merchandise will be equal to the
company-specific estimated weighted-average dumping margins determined
in this final determination; (2) if the exporter is not a company
identified in the table above, but the producer is, then the cash
deposit rate will be equal to the company-specific estimated weighted-
average dumping margin established for that producer; and (3) the cash
deposit rate for all other producers and exporters will be equal to the
estimated weighted-average dumping margin for all other producers and
exporters listed in the table above. These suspension of liquidation
instructions will remain in effect until further notice.
U.S. International Trade Commission (ITC) Notification
In accordance with section 735(d) of the Act, Commerce will notify
the ITC of its final affirmative determination of sales at LTFV.
Because the final determination is affirmative, in accordance with
section 735(b)(2) of the Act, the ITC will make its final determination
as to whether the domestic industry in the United States is materially
injured, or threatened with material injury, by reason of imports or
sales (or the likelihood of sales) for importation of solar cells from
Indonesia no later than 45 days after this final determination. If the
ITC determines that such injury does not exist, this proceeding will be
terminated, all cash deposits posted will be refunded, and suspension
of liquidation will be lifted. If the ITC determines that such injury
does exist, Commerce will issue an AD order
[[Page 58654]]
directing CBP to assess, upon further instruction by Commerce,
antidumping duties on all imports of solar cells from Indonesia
entered, or withdrawn from warehouse, for consumption on or after the
effective date of the suspension of liquidation, as discussed in the
``Continuation of Suspension of Liquidation'' section above.
Administrative Protective Order (APO)
This notice serves as the only reminder to parties subject to an
APO of their responsibility concerning the disposition 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
This final determination and notice are issued and published in
accordance with sections 735(d) and 777(i) of the Act, and 19 CFR
351.210(c).
Dated: September 10, 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 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 investigations.
Excluded from the scope of the investigations 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
[[Page 58655]]
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
(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
investigations; however, modules, laminates, and panels produced in
a subject country from cells produced in a third-country are not
covered by the investigations.
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
investigations is dispositive.
Appendix II
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Changes Since the Preliminary Determination
IV. Application of Facts Available and Use of Adverse Inference
V. Final Determination of Critical Circumstances
VI. Discussion of the Issues
Comment 1: Whether to Apply Adverse Facts Available (AFA) to REC
Solar
Comment 2: Whether to Apply Partial AFA to REC Solar's
Constructed Export Price (CEP) Sales and Direct Material Costs as an
Alternative to Overall AFA
Comment 3: Whether There Is a Particular Market Situation (PMS)
in Indonesia
Comment 4: Whether REC Solar Acted to the Best of Its Ability
Throughout the Investigation Including at Verification
Comment 5: Whether to Continue to Use Vikram's Financial
Statements as the Basis to Calculate Constructed Value (CV) Profit
and Selling Expenses
Comment 6: Whether Critical Circumstances Exist with Respect to
REC Solar
Comment 7: Whether Blue Sky Acted to the Best of Its Ability
Within the Meaning of Section 766(b) of the Act
Comment 8: Whether Commerce Can Lawfully Treat an Employee's
Personal Phone As If It Were a Company Record Within Blue Sky's
Possession, Custody, or Control
Comment 9: Whether the Foreign-Law Privacy Constraint is a
Genuine Legal Limitation
Comment 10: Whether Total AFA Would Be Disproportionate,
Punitive, and Unsupported by Substantial Evidence
Comment 11: Whether Blue Sky Adequately Responded to Commerce's
Affiliation Inquiries
Comment 12: Whether Nusa Solar's Quantity and Value (Q&V) Data
Establishing that Its Subject Import Volume Decreased After Petition
Filing Should be Used
Comment 13: Whether Nusa Solar and Its Importers Did Not Know or
Have Reason to Know that Imports Were Sold at LTFV Prices and that
Such Imports Could Materially Injure the Domestic Industry
VII. Recommendation
[FR Doc. 2026-18939 Filed 9-15-26; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on September 16, 2026.
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