Notice2026-18942
Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules From the Lao People's Democratic Republic: Final Affirmative Countervailing Duty Determination and Final Affirmative Determination of Critical Circumstances, in Part
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 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.
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 58638-58642]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-18942]
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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: Final
Affirmative Countervailing Duty Determination and Final Affirmative
Determination of Critical Circumstances, in Part
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) 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.
DATES: Applicable September 16, 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 and (202)
482-3456, respectively.
SUPPLEMENTARY INFORMATION:
Background
On February 26, 2026, Commerce published the Preliminary
Determination and invited interested parties to comment.\1\ In
accordance with section 705(a)(1) of the Tariff Act of 1930, as amended
(the Act), and 19 CFR 351.210(b)(4), Commerce aligned the deadline for
the final determination in this countervailing duty (CVD) with the
deadline for the final determination in the companion less-than-fair-
value (LTFV) investigation of solar cells from Laos.\2\
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\1\ See 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, 91 FR 9568 (February 26, 2026) (Preliminary
Determination), and accompanying Preliminary Decision Memorandum
(PDM).
\2\ Id., 91 FR at 9569.
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For a complete description of the events that followed the
Preliminary Determination, as well as a full discussion of the issues
raised by parties for this final determination, see the Issues and
Decision Memorandum.\3\ 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). 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 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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\3\ See Memorandum, ``Issues and Decision Memorandum for the
Final Affirmative Determination of 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 (Issues and 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 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.\4\ 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.\5\ In the Final Scope Memorandum, Commerce determined
that it is not modifying the scope language as it appeared in the
Initiation Notice.\6\ See Appendix I.
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\4\ 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).
\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 Final Determinations,'' dated concurrently with
this notice (Final Scope Memorandum).
\6\ 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
As provided in section 782(i) of the Act, in June 2026, Commerce
conducted verification of the information relied upon in making the
final determination in this investigation. Specifically, we conducted
on-site verifications of the subsidy information reported by the
Government of Laos (GOL) and mandatory respondent Solarspace Technology
Sole CO LTD (Solarspace Laos).\7\ We used standard verification
procedures, including an examination of relevant sales and accounting
records and original source documents provided by the GOL and
Solarspace Laos.
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\7\ See Memorandum, ``Verification of the Questionnaire
Responses of the Government of the Lao People's Democratic
Republic,'' dated June 23, 2026; see also Memorandum, ``Verification
of the Questionnaire Responses of Solarspace Technology (Laos) Sole
Co., Ltd.,'' dated July 15, 2026.
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Analysis of Comments Received
The subsidy programs under investigation and the issues raised in
the case and rebuttal briefs submitted by interested parties in this
investigation are discussed in the Issues and Decision Memorandum. For
a list of the issues raised by interested parties and addressed in the
Issues and Decision Memorandum, see Appendix II to this notice.
Methodology
Commerce conducted this investigation in accordance with section
701 of the Act. For each of the subsidy programs found to be
countervailable, Commerce 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.\8\ For a full
description of the methodology underlying our final determination, see
the Issues and Decision Memorandum.
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\8\ 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.
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In making this final determination, Commerce relied in part on
facts otherwise available, including with adverse inferences, pursuant
to sections 776(a) and (b) of the Act. For a full discussion of our
application of adverse facts available, see the ``Use of Facts
Otherwise Available and Application of Adverse Inferences'' section in
the Issues and Decision Memorandum.
[[Page 58639]]
Final Affirmative Determination of Critical Circumstances, in Part
Commerce preliminarily determined, in accordance with section
703(e)(1) of the Act and 19 CFR 351.206(c)(1), that critical
circumstances did not exist with respect to imports of subject
merchandise from mandatory respondent Vietnam Sunergy Joint Stock
Company (VSUN), Solarspace Laos, and all other producers and/or
exporters not individually examined.\9\
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\9\ See Preliminary Determination PDM at 5-8.
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For this final determination, pursuant to section 705(a)(2) of the
Act and 19 CFR 351.206, we are continuing to find that critical
circumstances do not exist for Solarspace Laos. However, pursuant to
section 705(a)(2) of the Act and 19 CFR 351.206, we are finding that
critical circumstances exist with respect to imports from VSUN and all
other producers and/or exporters. For a full description of the
methodology, changes to the Preliminary Determination, and the results
of Commerce's critical circumstances analysis, see the Issues and
Decision Memorandum.
Changes Since the Preliminary Determination
Based on our review and analysis of the information received during
verification and comments received from interested parties, for the
final determination, we made certain changes to the subsidy rate
calculations for Solarspace Laos, VSUN, and all other producers and/or
exporters of subject merchandise. For a discussion of these changes,
see the Issues and Decision Memorandum.
All-Others Rate
Sections 703(d) and 705(c)(5)(A) of the Act provide that 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 determined entirely under section 776 of the Act.
In accordance with section 705(c)(1)(B)(i) of the Act, we
calculated an individual estimated countervailable subsidy rate for the
participating mandatory respondent, Solarspace Laos. In addition, we
have determined a subsidy rate for VSUN entirely under section
776(b)(1) of the Act.\10\ 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/or
producers individually investigated, excluding any zero and de minimis
countervailable subsidy rates, and any rates determined entirely under
section 776 of the Act. For this final determination, Solarspace Laos's
subsidy rate is the only rate that is not zero, de minimis, or
determined entirely under section 776 of the Act. Consequently, we have
assigned the subsidy rate calculated for Solarspace Laos as the rate
for all other producers and/or exporters.
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\10\ See the ``Use of Facts Otherwise Available and Application
of Adverse Inferences'' section of the Issues and Decision
Memorandum for additional details.
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Final Determination
Commerce determines that the following estimated countervailable
subsidy rates exist:
------------------------------------------------------------------------
Subsidy rate
Company (percent ad
valorem)
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Solarspace Technology (Laos) Sole Co. Ltd............... 82.03
Vietnam Sunergy Joint Stock Company..................... * 153.67
All Others.............................................. 82.03
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* This rate is based on facts available with adverse inferences.
Disclosure
Commerce intends to disclose its calculations and analysis
performed to interested parties in this final determination within five
days of any public announcement, or if there is no public announcement,
within five days of the date of the publication of this notice in the
Federal Register, in accordance with 19 CFR 351.224(b).
Suspension of Liquidation
As a result of our Preliminary Determination, and pursuant to
sections 703(d)(1)(B) and (d)(2) of the Act, Commerce instructed U.S.
Customs and Border Protection (CBP) to collect cash deposits and
suspend liquidation of entries of subject merchandise as described in
the scope of the investigation appendix entered, or withdrawn from
warehouse, for consumption on or after February 26, 2026, the date of
publication of the Preliminary Determination in the Federal Register.
In accordance with section 703(d) of the Act, we instructed CBP to
discontinue the suspension of liquidation of all entries of subject
merchandise entered, or withdrawn from warehouse, on or after June 26,
2026, the first day provisional measures were no longer in effect, but
to continue the suspension of liquidation of all entries of subject
merchandise on or before June 25, 2026.
With respect to VSUN and all others, 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 subject 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. The Preliminary Determination was
affirmative with respect to countervailable subsidies received by VSUN
and all others; however, Commerce preliminarily determined that
critical circumstances did not exist for VSUN and all others.
Accordingly, Commerce ordered the suspension of liquidation for VSUN's
and all others' entries of subject merchandise from Laos on or after
February 26, 2026, the date of publication of the Preliminary
Determination in the Federal Register. Therefore, as a result of this
final affirmative determination of critical circumstances for VSUN and
all others, pursuant to section 703(e)(2) of the Act, we will now
instruct CBP to suspend liquidation of all entries of subject
merchandise from VSUN and all others that were entered, or withdrawn
from warehouse, for consumption on or after November 28, 2025, which is
90 days prior to the publication of the Preliminary Determination.
Because the final determination of critical circumstances for
Solarspace Laos is negative, the suspension of liquidation requirements
described in this paragraph do not apply to entries of subject
merchandise from Solarspace Laos.
If the U.S. International Trade Commission (ITC) issues a final
affirmative injury determination, we will issue a countervailing duty
order, reinstate the suspension of liquidation under section 706(a) of
the Act, and require a cash deposit of estimated countervailing duties
for such entries of subject merchandise in the amounts indicated above.
Pursuant to section 705(c)(2) of the Act, if the ITC determines that
material injury, or threat of material injury, does not exist, this
proceeding will be terminated, and all estimated duties deposited, or
securities posted, as a result of the suspension of liquidation will be
refunded or canceled.
[[Page 58640]]
ITC Notification
In accordance with section 705(d) of the Act, Commerce will notify
the ITC of its final affirmative determination that countervailable
subsidies are being provided to producers and/or exporters of solar
cells from Laos. Because the final determination is affirmative, in
accordance with section 705(b) of the Act, the ITC will determine,
within 45 days, whether the domestic industry in the United States is
materially injured, or threatened with material injury, by reason of
imports of solar cells from Laos. In addition, we are making available
to the ITC all non-privileged and non-proprietary information related
to this investigation. We will allow the ITC access to all privileged
and business proprietary information in our files, provided the ITC
confirms that it will not disclose such information, either publicly or
under an administrative protective order (APO), without the written
consent of the Assistant Secretary for Enforcement and Compliance.
If the ITC determines that material injury or threat of material
injury does not exist, this proceeding will be terminated and all cash
deposits will be refunded. If the ITC determines that such injury does
exist, Commerce will issue a countervailing order directing CBP to
assess, upon further instruction by Commerce, countervailing duties on
all imports of the subject merchandise that are entered, or withdrawn
from warehouse, for consumption on or after the effective date of the
suspension of liquidation, as discussed in the ``Suspension of
Liquidation'' section, supra.
Administrative Protective Order
This notice will serve as the only reminder to parties subject to
an APO of their responsibility concerning the destruction of
proprietary information disclosed under APO, in accordance with 19 CFR
351.305(a)(3). Timely written notification of the return/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 violation which is subject to sanction.
Notification to Interested Parties
This determination is issued and published pursuant to sections
705(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 (CSPV) 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 this investigation.
Excluded from the scope of this 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 this 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 this 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 this 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
[[Page 58641]]
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 this 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 this 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 this 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 this 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 this investigation is dispositive.
Appendix II
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Final Affirmative Determination of Critical Circumstances, in
Part
IV. Use of Facts Otherwise Available and Application of Adverse
Inferences
V. Changes Since the Preliminary Determination
VI. Subsidies Valuation Information
VII. Analysis of Programs
VIII. Discussion of the Issues
Comment 1: Whether Commerce Has the Legal Authority Under World
Trade Organization Rules to Investigate Transnational Subsidies
Comment 2: Whether Commerce Has Statutory Authority to
Countervail Alleged Transnational Subsidies
Comment 3: Whether Commerce's Determinations Regarding the
Cross-Border Provision of Chinese-Origin Inputs for Less Than
Adequate Remuneration Are Based on Substantial Evidence and
Otherwise in Accordance With Law
Comment 4: Whether Commerce Should Apply Adverse Facts Available
to Find That All Chinese Suppliers of Inputs for LTAR Are
Authorities Under the Act
Comment 5: Whether Commerce Properly Applied AFA to the
Government of Laos
[[Page 58642]]
for the Cross-Border Provision of Chinese Silicon Wafers for LTAR
Program
Comment 6: Whether Commerce Should Revise the Benchmark
Calculations for Solarspace Laos in Accordance With Findings at
Verification
Comment 7: Whether Commerce Should Use BloombergNEF Data as a
Tier 2 Benchmark for the Cross-Border Provision of Chinese Silicon
Wafers for LTAR Program
Comment 8: Whether the Silver Paste Market in Laos Is Distorted
Comment 9: Whether Commerce Should Revise the Ocean Freight
Benchmarks
Comment 10: Whether Commerce Should Find Solarspace Laos to Be
Uncreditworthy
Comment 11: Whether Value-Added Tax Exemptions Under the
Saysettha Development Zone Customs Duty and VAT Exemptions Program
Conferred a Benefit
Comment 12: Whether Commerce Should Apply Total AFA to Determine
the Estimated Subsidy Rate of VSUN
IX. Recommendation
[FR Doc. 2026-18942 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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