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Notice2026-18947

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

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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 India. The period of investigation is April 1, 2024, through March 31, 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 58643-58647]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-18947]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-533-943]


Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled 
Into Modules, From India: Final Affirmative Countervailing Duty 
Determination and the Final Affirmative Critical Circumstances 
Determination, 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 India. The period of investigation is 
April 1, 2024, through March 31, 2025.

DATES: Applicable September 16, 2026.

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

SUPPLEMENTARY INFORMATION: 

Background

    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 
this countervailing duty (CVD) final determination with the deadline 
for the final determination in the companion less-than-fair-value 
investigation of solar cells from India.\2\
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    \1\ See Crystalline Silicon Photovoltaic Cells, Whether or Not 
Assembled Into Modules, from India: Preliminary Affirmative 
Countervailing Duty Determination, Preliminary Affirmative Critical 
Circumstances Determination, in Part, and Alignment of Final 
Determination with Final Antidumping Duty Determination, 91 FR 9555 
(February 26, 2026) (Preliminary Determination), and accompanying 
Preliminary Decision Memorandum.
    \2\ See Preliminary Determination, 91 FR 9555 (February 26, 
2026).
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    For a complete description of the events that occurred since 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), which 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 in the Countervailing Duty 
Investigation of Crystalline Silicon Photovoltaic Cells, Whether or 
Not Assembled Into Modules from India,'' dated concurrently with, 
and hereby adopted by, this notice (Issues and Decision Memorandum).
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Scope of the Investigation

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

Scope Comments

    In 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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Final Affirmative Determination of Critical Circumstances, in Part

    In the Preliminary Determination, in accordance with section 
703(e)(1) of the Act, Commerce found that critical circumstances exist 
with respect to imports of solar cells from India for Mundra Solar 
Energy and Mundra Solar PV, but do not exist with respect to all other 
producers and/or exporters not individually examined. In this final

[[Page 58644]]

determination, Commerce continues to find that critical circumstances 
exist for Mundra Solar Energy and Mundra Solar PV, and that critical 
circumstances do not exist for all other producers and/or exporters of 
solar cells from India, pursuant to section 705(a)(2) of the Act and 19 
CFR 351.206. For a discussion of Commerce's critical circumstances 
analysis, see the Issues and Decision Memorandum.

Verification

    Because the mandatory respondents, Mundra Solar Energy Ltd. (Mundra 
Solar Energy) and Mundra Solar PV Limited (Mundra Solar PV), did not 
participate in this investigation, Commerce did not conduct 
verification.

Analysis of Subsidy Programs and Comments Received

    The subsidy programs under investigation, and the issues raised in 
the case and rebuttal briefs that were submitted by parties in this 
investigation, are discussed in the Issues and Decision Memorandum. For 
a list of the issues raised by parties, and to which we responded in 
the Issues and Decision Memorandum, see Appendix II.

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.\7\ For a full 
description of the methodology underlying our final determination, see 
the Issues and Decision Memorandum. In making this final determination, 
Commerce relied on facts otherwise available, including with an adverse 
inference (AFA), pursuant to sections 776(a) and (b) of the Act. For a 
full discussion of our application of AFA, see ``Use of Facts Otherwise 
Available and Application of Adverse Inferences'' section in the Issues 
and Decision Memorandum.
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    \7\ See sections 771(5)(B) and (D) of the Act regarding 
financial contribution; see also section 771(5)(E) of the Act 
regarding benefit; and section 771(5A) of the Act regarding 
specificity.
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Changes Since the Preliminary Determination

    Based on our review of comments received from parties, for this 
final determination, we made certain changes to the selection of the 
rates for Mundra Solar Energy and Mundra Solar PV and all other 
producers/exporters. 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 based entirely under section 776 of the Act.
    Pursuant to section 705(c)(5)(A)(ii) of the Act, if the individual 
estimated countervailable subsidy rates established for all exporters 
and producers individually examined are zero, de minimis, or determined 
entirely under section 776 of the Act, Commerce may use any reasonable 
method to establish the estimated subsidy rate for all other producers 
and/or exporters.
    In this investigation, Commerce has determined the subsidy rate for 
the individually examined respondents under section 776 of the Act. 
This is the only rate available in this proceeding for deriving the 
all-others rate. Consequently, as a reasonable method, pursuant to 
sections 703(d) and 705(c)(5)(A)(ii) of the Act, Commerce established 
the all-others rate by applying the countervailable subsidy rate 
assigned to Mundra Solar Energy and Mundra Solar PV, the mandatory 
respondents in this investigation, as determined under section 776 of 
the Act.\8\ For a full description of the methodology underlying 
Commerce's analysis, see the Issues and Decision Memorandum.
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    \8\ See, e.g., Melamine from Germany: Final Affirmative 
Countervailing Duty Determination, 89 FR 97586 (December 9, 2024); 
see also Overhead Door Counterbalance Torsion Springs from the 
People's Republic of China: Final Affirmative Countervailing Duty 
Determination and Final Affirmative Critical Circumstances 
Determination in Part, 90 FR 39374 (August 15, 2025).
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Final Determination

    Commerce determines that the following estimated countervailable 
subsidy rates exist for the period, April 1, 2024, through March 31, 
2025:

------------------------------------------------------------------------
                                                           Subsidy rate
                         Company                            (percent ad
                                                             valorem)
------------------------------------------------------------------------
Mundra Solar Energy Limited.............................        * 126.09
Mundra Solar PV Limited.................................        * 126.09
All-Others..............................................          126.09
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* Rate based on facts available with adverse inferences.

Disclosure

    Commerce normally discloses the 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 publication of the notice of final 
determination in the Federal Register, in accordance with 19 CFR 
351.224(b). However, because Commerce applied AFA to the mandatory 
respondents, in accordance with section 776 of the Act, there are no 
calculations to disclose for this final determination.

Continuation of Suspension of Liquidation

    As a result of our Preliminary Determination and pursuant to 
sections 703(d)(1)(B) and (d)(2) of the Act, we instructed U.S. Customs 
and Border Protection (CBP) to collect cash deposits and suspend 
liquidation of entries of subject merchandise produced and/or exported 
by all other producers and/or exporters that were entered, or withdrawn 
from warehouse, for consumption on or after February 26, 2026, the date 
of the publication of the Preliminary Determination in the Federal 
Register.\9\ Additionally, in accordance with section 703(e)(2)(A) of 
the Act, because we preliminarily determined that critical 
circumstances existed, we instructed CBP to suspend liquidation of 
entries of subject merchandise produced and/or exported by Mundra Solar 
Energy and Mundra Solar PV that were entered, or withdrawn from 
warehouse for consumption on or after November 28, 2025, which is 90 
days before date of the publication of the Preliminary Determination in 
the Federal Register.\10\ 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.
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    \9\ See Preliminary Determination, 91 FR 9557.
    \10\ Id.
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    If the U.S. International Trade Commission (ITC) issues a final 
affirmative injury determination, we will issue a CVD order, reinstate 
the suspension of liquidation under section 706(a) of the Act, and 
require a cash deposit of estimated countervailing duties for entries 
of subject merchandise in the amounts indicated above. Pursuant to 
section 705(c)(2) of the Act,

[[Page 58645]]

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.

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 India. 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 India. 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 CVD 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 above in the ``Continuation of 
Suspension of Liquidation'' section.

Administrative Protective Order

    In the event that ITC issues a final negative injury determination, 
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 violation which is subject to sanction.

Notification to Interested Parties

    This determination is issued and published pursuant to sections 
705(d) and 777(i)(1) of the Act, and 19 CFR 351.205(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

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

[[Page 58646]]

into liquid water: (A) a total power output of no more than 180 
watts per panel at 155 degrees Celsius; (B) a surface area of less 
than 16,000 square centimeters (cm\2\) per panel; (C) include a 
keep-out area of approximately 1,200 cm\2\ around the edges of the 
panel that does not contain solar cells; (D) do not include a built-
in inverter; (E) do not have a frame around the edges of the panel; 
(F) include a clear glass back panel; (G) must include a permanently 
connected wire that terminates in a two-port rounded rectangular, 
sealed connector; (H) include a thermistor installed into the 
permanently connected wire before the twoport connector; and (I) 
include exposed positive and negative terminals at opposite ends of 
the panel, not enclosed in a junction box.
    Further excluded from the scope of the investigation are:
    (1) Off grid rigid CSPV panels with a glass cover, with the 
following characteristics: (A) a total power output of 200 watts or 
less per panel, (B) a maximum surface area of 10,500 cm\2\ per 
panel, (C) do not include a built-in inverter, (D) must include a 
permanently connected wire that terminates in waterproof connector 
with a cylindrical positive electrode and a rectangular negative 
electrode with the positive and negative electrodes having an 
interlocking structure, (E) must include visible parallel grid 
collector metallic wire lines every 1-4 millimeters across each 
solar cell, and (F) must be in individual retail packaging (for 
purposes of this provision, retail packaging typically includes 
graphics, the product name, its description and/or features); and
    (2) Off-grid small portable crystalline silicon photovoltaic 
panels, with or without a glass cover, with the following 
characteristics: (A) a total power output of 200 watts or less per 
panel, (B) a maximum surface area of 16,000 cm\2\ per panel, (C) no 
built-in inverter, (D) an integrated handle or a handle attached to 
the package for ease of carry, (E) one or more integrated kickstands 
for easy installation or angle adjustment, and (F) a wire either 
permanently connected or attached to the package terminates in 
waterproof connector with a cylindrical positive electrode and a 
rectangular negative electrode with the positive and negative 
electrodes having an interlocking structure.
    Also excluded from the scope of the investigation are:
    (1) Off grid rigid CSPV panels with a glass cover, with the 
following characteristics: (A) a total power output of 200 watts or 
less per panel, (B) a maximum surface area of 10,500 cm\2\ per 
panel, (C) do not include a built-in inverter, (D) must include a 
permanently connected wire that terminates in waterproof connector 
with a cylindrical positive electrode and a rectangular negative 
electrode with the positive and negative electrodes having an 
interlocking structure, (E) must include visible parallel grid 
collector metallic wire lines every 1-4 millimeters across each 
solar cell, and (F) must be in individual retail packaging (for 
purposes of this provision, retail packaging typically includes 
graphics, the product name, its description and/or features); and
    (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 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. Analysis of Programs
VI. Discussion of the Issues
    Comment 1: Whether Commerce has the Legal Authority under the 
World Trade Organization Rules and U.S. Law to Investigate 
Transnational Subsidies
    Comment 2: Whether Commerce's Decision to Countervail the Cross-
Border Provisions of Chinese Polysilicon, Silicon Wafer, Silver 
Paste, Solar Glass, Aluminum Solar Frames, and Junction Boxes for 
Less Than Adequate Remuneration is Based on Substantial Evidence and 
in Accordance with Law
    Comment 3: Whether Commerce Incorrectly Applied Adverse Facts 
Available (AFA) in Determining

[[Page 58647]]

Mandatory Respondents Received Benefits Under Various Programs
    Comment 4: Whether Commerce Should Revise Certain AFA Rates in 
the Final Determination
VII. Recommendation

[FR Doc. 2026-18947 Filed 9-15-26; 8:45 am]
 BILLING CODE 3510-DS-P


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Indexed from Federal Register on September 16, 2026.

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.