Federal Register, Volume 90 Issue 244 (Tuesday, December 23, 2025)

[Federal Register Volume 90, Number 244 (Tuesday, December 23, 2025)]
[Notices]
[Pages 60060-60063]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-23765]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-979]

Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled
Into Modules, From the People's Republic of China: Final Results of
Antidumping Duty Administrative Review and Final Determination of No
Shipments; 2022-2023

AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.

SUMMARY: The U.S. Department of Commerce (Commerce) determines that the
companies to which it granted a separate rate sold subject merchandise
at prices below normal value (NV) during the period of review (POR),
December 1, 2022, through November 30, 2023. Commerce also determines
that certain companies did not ship subject merchandise during the POR.
Additionally, Commerce is rescinding this review with respect to one
company and denying a separate rate to one company.

DATES: Applicable December 23, 2025.

FOR FURTHER INFORMATION CONTACT: Benjamin Blythe, AD/CVD Operations,
Office IV, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-3457.

SUPPLEMENTARY INFORMATION:

Background

On April 11, 2025, Commerce published the Preliminary Results in
the Federal Register and invited interested parties to comment on those
results.\1\ On July 31, 2025, Commerce extended the deadline for
issuing the final results of this review by 60 days until October 8,
2025.\2\ Due to the lapse in appropriations and Federal Government
shutdown, on November 14, 2025, Commerce tolled all deadlines in
administrative proceedings by 47 days.\3\ Additionally, due to a
backlog of documents that were electronically filed via Enforcement and
Compliance's Antidumping and Countervailing Duty Centralized Electronic
Service System (ACCESS) during the Federal Government shutdown, on
November 24, 2025, Commerce tolled all deadlines in administrative
proceedings by an additional 21 days.\4\ Accordingly, the deadline for
these final results is now December 15, 2025. For details regarding the
events that occurred subsequent to publication of the Preliminary
Results in the Federal Register, see the Issues and Decision
Memorandum.\5\ Commerce conducted this administrative review in
accordance with section 751(a) of the Tariff Act of 1930, as amended
(the Act).
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\1\ See Crystalline Silicon Photovoltaic Cells, Whether or Not
Assembled Into Modules, from the People's Republic of China:
Preliminary Results and Partial Rescission of Antidumping Duty
Administrative Review and Preliminary Determination of No Shipments;
2022-2023, 90 FR 15439 (April 11, 2025) (Preliminary Results), and
accompanying Preliminary Decision Memorandum (PDM).
\2\ See Memorandum, ``Extension of Deadline for Final Results of
Antidumping Duty Administrative Review,'' dated July 31, 2025.
\3\ See Memorandum, ``Deadlines Affected by the Shutdown of the
Federal Government,'' dated November 14, 2025.
\4\ See Memorandum, ``Tolling of all Case Deadlines,'' dated
November 24, 2025.
\5\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Administrative Review of the Antidumping Duty
Order on Crystalline Silicon Photovoltaic Cells, Whether or Not
Assembled into Modules, from the People's Republic of China; 2022-
2023,'' dated concurrently with, and hereby adopted by, this notice
(Issues and Decision Memorandum).
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Scope of the Order ⁶
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\6\ See 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 Duty Order, 77 FR 73018 (December 7, 2012) (Order).
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The products covered by the Order are 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,

[[Page 60061]]

modules, laminates, panels and building integrated materials. For a
complete description of the scope of the Order, see the Issues and
Decision Memorandum.

Analysis of Comments Received

All issues raised in the case and rebuttal briefs that parties
submitted in this review are addressed in the Issues and Decision
Memorandum. A list of the issues that parties raised, and to which we
responded in the Issues and Decision Memorandum, is provided in
Appendix I to this notice. 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
https://access.trade.gov. In addition, a complete version of the Issues
and Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Final Determination of No Shipments

In the Preliminary Results, Commerce determined that Jinko
Solar,\7\ Longi Solar Technology Co. Ltd. (Longi Solar), and Zhejiang
Aiko Solar Energy Technology Co., Ltd. (Zhejiang Aiko) did not ship
subject merchandise to the United States during the POR. No parties
filed timely arguments disputing Commerce's no shipment
determination.\8\ In these final results of review, we continue to find
that Jinko Solar, Longi Solar, and Zhejiang Aiko did not ship subject
merchandise to the United States during the POR.
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\7\ Jinko Solar refers to the following companies which Commerce
has previously treated as a single entity: Jinko Solar Import and
Export Co., Ltd.; Jinko Solar Co., Ltd.; JinkoSolar Technology
(Haining) Co., Ltd.; Yuhuan Jinko Solar Co., Ltd.; Zhejiang Jinko
Solar Co., Ltd.; Jiangsu Jinko Tiansheng Solar Co., Ltd.; JinkoSolar
(Chuzhou) Co., Ltd.; JinkoSolar (Yiwu) Co., Ltd.; and JinkoSolar
(Shangrao) Co., Ltd.
\8\ On August 27, 2025, Jinko Solar filed untimely arguments
regarding its no shipments claim which Commerce rejected. See
Commerce's Letter, ``Rejection of Letters,'' dated November 24,
2025; see also Memorandum, ``Rejection of Letters,'' dated November
24, 2025.
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Rescission of Administrative Review, in Part

In the Preliminary Results, Commerce determined that there were no
entries of Red Sun Energy Long An Company Limited's (Red Sun) solar
cells/modules into the United States during the POR that were suspended
and subject to antidumping duties, and thus, consistent with its
practice, Commerce stated that it intended to rescind this review with
respect to Red Sun. No parties commented on this preliminary
determination. In the absence of any suspended entries of subject
merchandise from Red Sun during the POR, Commerce is rescinding this
review with respect to Red Sun.

Separate Rates

No parties commented on Commerce's preliminary determination to
grant separate rates to certain companies \9\ and to not grant a
separate rate to Anji DaSol Solar Energy Science & Technology Co., Ltd.
We have made no changes to Commerce's preliminary separate rates
determination in these final results of review.
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\9\ The companies to which Commerce granted a separate rate are:
(1) Shenzhen Sungold Solar Co., Ltd. (Sungold); (2) BYD H.K. Co.,
Ltd.; (3) BYD (Shangluo) Industrial Co., Ltd.; (4) Maodi Solar
Technology (Dongguan) Co., Ltd.; (5) Trina Solar Energy Development
Company Limited; and (6) Trina Solar Science & Technology (Thailand)
Ltd.
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Dumping Margins for Separate Rate Companies

The statute and Commerce's regulations do not address what dumping
margin to apply to respondents that are not selected for individual
examination in an administrative review pursuant to section 777A(c)(2)
of the Act. Generally, Commerce looks to section 735(c)(5) of the Act,
which provides instructions for calculating the all-others rate in an
investigation, for guidance when calculating the dumping margin for
respondents that are not individually examined in an administrative
review. Under section 735(c)(5)(A) of the Act, the all-others rate is
normally ``equal to the weighted average of the estimated weighted
average dumping margins established for exporters and producers
individually investigated, excluding any zero and de minimis dumping
margins, and any dumping margins determined entirely {on the basis of
facts available{time} .'' Because we calculated a dumping margin that
is not zero, de minimis, or based entirely on facts available for
Sungold, the sole participating mandatory respondent, we assigned the
separate rate recipients that we did not individually examine a dumping
margin equal to Sungold's dumping margin consistent with Commerce's
practice and section 735(c)(5)(A) of the Act. For additional
information, see the Issues and Decision Memorandum.

China-Wide Entity

Commerce's policy regarding conditional review of the China-wide
entity applies to this administrative review.\10\ Under this policy,
the China-wide entity will not be under review unless a party
specifically requests, or Commerce self-initiates, a review of the
entity. Because no party requested that Commerce review the China-wide
entity in this segment of the proceeding, the China-wide entity is not
under review and its dumping margin (i.e., 238.95 percent \11\) is not
subject to change. Because there were no entries of subject merchandise
from the companies listed in Appendix II of this notice during the POR,
none of which had a separate rate during the POR, these companies
remain in the China-wide entity.\12\ In addition, because Commerce did
not grant a separate rate to Anji DaSol Solar Energy Science &
Technology Co., Ltd., this company is part of the China-wide entity.
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\10\ See Antidumping Proceedings: Announcement of Change in
Department Practice for Respondent Selection in Antidumping Duty
Proceedings and Conditional Review of the Nonmarket Economy Entity
in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013).
\11\ The China-wide entity rate was last changed in the first
administrative review of this proceeding and has been the applicable
rate for the entity in each subsequent review, including the most
recently completed review. See Crystalline Silicon Photovoltaic
Cells, Whether or Not Assembled Into Modules, from the People's
Republic of China: Final Results of Antidumping Duty Administrative
Review and Final Determination of No Shipments; 2012- 2013, 80 FR
40998, 41002 (July 14, 2015); see also Crystalline Silicon
Photovoltaic Cells, Whether or Not Assembled Into Modules, from the
People's Republic of China: Final Results and Final Partial
Rescission of Antidumping Duty Administrative Review; and Final
Determination of No Shipments; 2021-2022, 89 FR 55562 (July 5,
2024).
\12\ See Preliminary Results PDM.
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Final Results of Review

Commerce determines that the following estimated weighted-average
dumping margins exist for the period December 1, 2022, through November
30, 2023:

------------------------------------------------------------------------
Weighted-
average
Exporter dumping
margin
(percent)
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Shenzhen Sungold Solar Co., Ltd............................. 5.25
Separate Rate Companies:
BYD H.K. Co., Ltd......................................... 5.25
BYD (Shangluo) Industrial Co., Ltd........................ 5.25
Maodi Solar Technology (Dongguan) Co., Ltd................ 5.25
Trina Solar Energy Development Company Limited.............. 5.25
Trina Solar Science & Technology (Thailand) Ltd............. 5.25
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Disclosure

Pursuant to 19 CFR 351.224(b), Commerce intends to disclose the

[[Page 60062]]

calculations that it performed for these final results of review to the
parties to this proceeding within five days of any public announcement
or, if there is no public announcement, within five days of the date of
publication of this notice in the Federal Register in accordance with
19 CFR 351.224(b).

Assessment Rates

Pursuant to section 751(a)(2)(C) of the Act and 19 CFR
351.212(b)(1), Commerce has determined, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries of subject merchandise covered by the final results of this
review.\13\ Commerce intends to issue assessment instructions to CBP no
earlier than 35 days after the publication date of these final results
in the Federal Register. If a timely summons is filed at the U.S. Court
of International Trade, the assessment instructions will direct CBP not
to liquidate relevant entries until the time for parties to file a
request for a statutory injunction has expired (i.e., within 90 days of
publication).
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\13\ See Antidumping Proceedings: Calculation of the Weighted
Average Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101 (February 14, 2012)
(Final Modification).
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In accordance with 19 CFR 351.212(b)(1), we calculated importer-
specific assessment rates for Sungold by dividing the total amount of
dumping calculated for all reviewed U.S. sales of subject merchandise
entered by an importer by the total entered value of those sales.\14\
Where an importer-specific ad valorem assessment rate is not zero or de
minimis, Commerce will instruct CBP to collect the appropriate duties
at the time of liquidation. Where an importer -specific ad valorem
assessment rate is zero or de minimis, Commerce will instruct CBP to
liquidate the appropriate entries without regard to antidumping duties.
Pursuant to a refinement to Commerce's assessment practice, where
Sungold did not report a sale of subject merchandise that was entered
into the United States during the POR under its company-specific CBP
case number, Commerce will instruct CBP to liquidate any entries of
such merchandise at the weighted-average dumping margin for the China-
wide entity (i.e., 238.95 percent) if there is no rate for the
intermediate company(ies) involved in the transaction.\15\
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\14\ We applied the assessment rate calculation method adopted
in the Final Modification. See Final Modification, 77 FR at 8101.
\15\ For a full discussion of this practice, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
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Commerce intends to instruct CBP to assess antidumping duties on
all POR entries of subject merchandise exported by the separate rate
companies listed in the above table at a rate equal to the estimated
dumping margin determined for Sungold.\16\
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\16\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694, 65694-95 (October 24, 2011).
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Additionally, Commerce intends to instruct CBP to assess
antidumping duties on all subject merchandise entered during the POR
under the company-specific CBP case number of Jinko Solar, Longi Solar,
or Zhejiang Aiko at the China-wide rate.
Anji DaSol Solar Energy Science & Technology Co., Ltd., and the
companies listed in Appendix II of this notice are not eligible for a
separate rate and thus are part of the China-wide entity. Commerce
intends to instruct CBP to assess antidumping duties on all POR entries
of subject merchandise exported by Anji DaSol Solar Energy Science &
Technology Co., Ltd., at a rate equal to 238.95 percent (i.e., the
China-wide entity rate). Although CBP data on the record does not show
any entries of subject merchandise during the POR from the companies
listed in Appendix II of this notice, if there are such entries they
will be assessed antidumping duties at the China-wide entity rate of
238.95 percent.

Cash Deposit Requirements

The following cash deposit requirements will be in effect for all
shipments of subject merchandise entered, or withdrawn from warehouse,
for consumption on, or after, the date of publication of this notice in
the Federal Register, as provided for by section 751(a)(2)(C) of the
Act: (1) for the companies listed in the rate table in the ``Final
Results of Review'' section of this notice above, the cash deposit rate
will be equal to the weighted-average dumping margin listed for the
company in the table; (2) for previously investigated or reviewed
Chinese and non-Chinese companies that are not listed in the rate table
above that have separate rates, the cash deposit rate will continue to
be the company's existing cash deposit rate; (3) for all China
exporters of subject merchandise that do not have a separate rate, the
cash deposit rate will be equal to the weighted-average dumping margin
assigned to the China-wide entity, which is 238.95 percent, and (4) for
all non-China exporters of subject merchandise that do not have a
separate rate, the cash deposit rate will be equal to the weighted-
average dumping margin applicable to the China exporter(s) that
supplied that non-China exporter. These cash deposit requirements, when
imposed, shall remain in effect until further notice.

Notification to Importers

This notice serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties and/or countervailing
duties prior to liquidation of the relevant entries during this POR.
Failure to comply with this requirement could result in Commerce's
presumption that reimbursement of antidumping duties and/or
countervailing duties has occurred, and the subsequent assessment of
double antidumping duties, and/or an increase in the amount of
antidumping duties by the amount of the countervailing duties.

Administrative Protective Order (APO)

This notice also serves as a final reminder to parties subject to
an APO of their responsibility to return or destroy proprietary
information disclosed under an 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 violation subject to sanction.

Notification to Interested Parties

Commerce is issuing and publishing the final results of this
administrative review in accordance with sections 751(a)(1) and
777(i)(1) of the Act, and 19 CFR 351.221(b)(5).

Dated: December 15, 2025.
Scot Fullerton,
Acting Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations Enforcement & Compliance

Appendix I

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
Comment 1: Whether Commerce Correctly Applied Adverse Facts
Available (AFA) to Sungold
Comment 2: Whether Commerce Should Revise the Separate Rate
Comment 3: Whether Corrective Instructions Should Be Issued to
U.S. Customs and Border Protection (CBP)
Comment 4: Whether Liquidation Instructions Should Be Issued
Before Pending Litigation is Resolved

[[Page 60063]]

VI. Recommendation

Appendix II

Companies That Remain in the China-Wide Entity ¹⁷
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\17\ This list of companies in the China-Wide Entity is
different from the Preliminary Results at Appendix III. For the
Final Results, we have removed CSI Solar Co., Ltd. (f.k.a. CSI Solar
Power (China) Inc.) and CSI Solar Manufacturing (Fu Ning) Co., Ltd.
(f.k.a. CSI-GCL Solar Manufacturing (YanCheng) Co., Ltd.) from the
China-Wide Entity list given that Commerce rescinded this review for
these companies in the Preliminary Results at Appendix II. See
Preliminary Results, 90 FR at 15443.
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1. Boviet Solar Technology Co., Ltd.
2. Canadian Solar Manufacturing, Inc.
3. Changzhou Trina PV Ribbon Materials Co., Ltd.
4. Chint Energy (Haining) Co., Ltd.
5. CSI Modules (DaFeng) Co., Ltd.
6. CSI Solar Power Group Co., Ltd. (f.k.a. CSI Solar Power (China)
Inc.)
7. De-Tech Trading Limited HK
8. Hengdian Group DMEGC Magnetics Co. Ltd.
9. Hongkong Hello Tech Energy Co., Ltd.
10. Jiawei Solarchina (Shenzhen) Co., Ltd.
11. Jiawei Solarchina Co., Ltd.
12. Jinko Solar (Malaysia) Sdn. Bhd.
13. Jinko Solar International Limited
14. Jinko Solar Technology Sdn. Bhd.
15. Jinkosolar Middle East DMCC
16. Lightway Green New Energy Co., Ltd.
17. Longi (HK) Trading Ltd.
18. Luoyang Suntech Power Co., Ltd.
19. New East Solar Energy Cambodia Co., Ltd.
20. Ningbo ETDZ Holdings, Ltd.
21. Ningbo Qixin Solar Electrical Appliance Co., Ltd.
22. Renesola Jiangsu Ltd.
23. ReneSola Zhejiang Ltd.
24. Risen Solar Technology Sdn. Bhd
25. Shanghai Nimble Co., Ltd.
26. Sumec Hardware & Tools Co., Ltd.
27. Suntech Power Co., Ltd.
28. Taizhou BD Trade Co., Ltd.
29. tenKsolar (Shanghai) Co., Ltd.
30. Trina Solar Energy Development PTE Ltd.
31. Vina Cell Technology Company Limited
32. Vina Solar Technology Company Limited
33. Wuxi Suntech Power Co., Ltd.
34. Yingli Green Energy International Trading Company Limited

[FR Doc. 2025-23765 Filed 12-22-25; 8:45 am]
BILLING CODE 3510-DS-P