Solar cells: United States trade commission finds injury, clearing tariff path

The United States International Trade Commission determined on 2 November 2026 that an industry in the United States is materially injured by imports of crystalline silicon photovoltaic cells, whether or not assembled into modules, from India, Indonesia and Laos that the U.S. Department of Commerce found to be sold below fair value and subsidized. The determination, published in the Federal Register of 5 November 2026 (Vol. 91, No. 213, p. 69865), clears the way for definitive antidumping and countervailing duty orders on the three origins. The reasoning is contained in USITC Publication 5804 (November 2026) and covers Investigation Nos. 701-TA-772-774 and 731-TA-1756-1758 (Final).

The Commission acted under sections 705(b) and 735(b) of the Tariff Act of 1930 (19 U.S.C. 1671d(b) and 19 U.S.C. 1673d(b)), the provisions that require an injury finding before duties become final. The investigations were instituted effective 17 July 2025, after petitions were filed by the Alliance for American Solar Manufacturing and Trade, whose members include Hanwha Q CELLS USA Inc., First Solar and Mission Solar.

The procedural record

The final phase was scheduled after Commerce issued preliminary determinations that the goods were subsidized and dumped. Notice of the scheduling and of the public hearing was published in the Federal Register on 13 May 2026 (91 FR 27078), and the Commission held its hearing on 9 September 2026, admitting all persons who requested the opportunity to participate. The determinations were completed and filed on 2 November 2026 and signed by Lisa Barton, Secretary to the Commission; Commissioner Samuel T. Negatu did not participate.

What the Commission decided

• Product: crystalline silicon photovoltaic cells, whether or not assembled into modules, classified under subheadings 8541.42.00 and 8541.43.00 of the Harmonized Tariff Schedule of the United States.
• Origins covered: India, Indonesia and Laos.
• Findings: material injury by reason of imports found to be sold at less than fair value and subsidized by the three governments.
• Critical circumstances: imports covered by Commerce’s affirmative findings are unlikely to undermine seriously the remedial effect of the orders for India and Laos, but are likely to do so for Indonesia.

Rates already calculated by Commerce

The injury finding activates the margins and subsidy rates fixed in Commerce’s final determinations of 16 September 2026 (91 FR 58633-58658):

• India antidumping: 123.04 percent dumping margin, 107.17 percent cash deposit rate after subsidy offsets, applicable to Mundra Solar PV Limited, Mundra Solar Energy Limited, Kowa Company Ltd, Premier Energies Photovoltaic Private Limited and all others; with critical circumstances found for the four named exporters.
• India countervailing: 126.09 percent ad valorem for both Mundra Solar Energy Limited and Mundra Solar PV Limited, and for all others.
• Indonesia countervailing: 173.70 percent for PT Blue Sky Solar Indonesia and 73.20 percent for PT REC Solar Energy Indonesia and all others; the dumping rate for PT REC Solar Energy Indonesia was set at 94.36 percent on adverse facts available.
• Laos antidumping: 65.43 percent margin, 65.03 percent cash deposit rate.
• Laos countervailing: 82.03 percent for Solarspace Technology (Laos) Sole Co., Ltd. and all others, and 153.67 percent for Vietnam Sunergy Joint Stock Company.

Who carries the cost

Importers of cells and modules from the three countries face cash deposits at the rates above, and installers and project developers that source Asian product will see landed costs rise, with the suspension of liquidation reaching back to the entry dates identified in each Commerce notice. The decisive gain, however, goes to the domestic manufacturers that organised the petition through the Alliance for American Solar Manufacturing and Trade: the injury finding converts provisional measures into orders that can be assessed at liquidation rather than refunded. With the Commission’s file now closed at 4 November 2026 and the notice published, the remaining step is Commerce’s issuance of the duty orders and the associated customs instructions.

Source: Federal Register, Vol. 91, No. 213, 5 November 2026, Notices, p. 69865 (official reference: FR Doc. 2026-22565).