Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled into Modules, from the People's Republic[...]

Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People's Republic of China: Initiation of Circumvention Inquiry on the Antidumping and Countervailing Duty Orders

DATES:

Applicable July 17, 2026.

SUPPLEMENTARY INFORMATION:

Background

On May 12, 2026, pursuant to section 781(b) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.226(i), the requesters filed a circumvention inquiry request alleging that solar cells and modules completed in Ethiopia using parts and components manufactured in China are circumventing the AD and CVD orders on solar cells from China  ⁽¹⁾ and, accordingly, should be included within the scope of the Orders. ⁽²⁾

On May 27, 2026, Toyo Solar Manufacturing One Member PLC and Vietnam Sunergy Joint Stock Company (collectively, TOYO) submitted comments and clarifying factual information in response to the circumvention inquiry request. ⁽³⁾ On May 27, 2026, Origin Solar Manufacturing PLC also submitted comments and clarifying factual information in response to the circumvention inquiry request. ⁽⁴⁾ On June 1, 2026, the requesters requested that TOYO resubmit the public version of its comments and clarifying factual information. ⁽⁵⁾ On June 4, 2026, Commerce issued a request for TOYO to resubmit its comments and clarifying factual information. ⁽⁶⁾ On June 4, 2026, Commerce extended the initiation deadline from June 11 to July 13, 2026, in accordance with 19 CFR 351.226(d)(1). ⁽⁷⁾ On June 8, 2026, TOYO resubmitted its comments and clarifying factual information. ⁽⁸⁾ On June 10, 2026, the requesters submitted comments in response to TOYO's comments and clarifying factual information. ⁽⁹⁾ On June 12 and 25, 2026, Commerce issued supplemental questionnaires to the requesters. ⁽¹⁰⁾ On June 16 and 29, 2026, the requesters responded to Commerce's requests for information. ⁽¹¹⁾

Scope of the Orders

The products covered by these Orders 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, modules, laminates, panels and building integrated materials. For a full description of the scope of the Orders, see the Circumvention Initiation Checklist. ⁽¹²⁾

Merchandise Subject to the Circumvention Inquiry

The circumvention inquiry covers solar cells and modules completed in Ethiopia using parts and components from China, that are subsequently exported from Ethiopia and imported into the United States, and solar cells completed in Ethiopia using parts and components from China, that are completed or assembled, using additional inputs from China, into modules in Vietnam and subsequently exported from Vietnam and imported into the United States.

Initiation of Circumvention Inquiry

Section 351.226(d) of Commerce's regulations states that if Commerce determines that a request for a circumvention inquiry satisfies the requirements of 19 CFR 351.226(c), then Commerce "will accept the request and initiate a circumvention inquiry." Section 351.226(c)(1) of Commerce's regulations, in turn, requires that each circumvention inquiry request allege "that the elements necessary for a circumvention determination under section 781 of the Act exist" and be "accompanied by information reasonably available to the interested party supporting these allegations." The requesters alleged circumvention pursuant to section 781(b) of the Act (merchandise completed or assembled in other foreign countries).

Section 781(b)(1) of the Act provides that Commerce may find circumvention of an order when merchandise of the same class or kind subject to the order is completed or assembled in a foreign country other than the country to which the order applies. In conducting a circumvention inquiry, under section 781(b)(1) of the Act, Commerce relies on the following criteria: (A) merchandise imported into the United States is of the same class or kind as any merchandise produced in a foreign country that is the subject of an AD or CVD order; (B) before importation into the United States, such imported merchandise is completed or assembled in another foreign country from merchandise which is subject to the order or is produced in the foreign country that is subject to the order; (C) the process of assembly or completion in the foreign country referred to in section (B) is minor or insignificant; (D) the value of the merchandise produced in the foreign country to which the AD or CVD order applies is a significant portion of the total value of the merchandise exported to the United States; and (E) the administering authority determines that action is appropriate to prevent evasion of such order.

In determining whether the process of assembly or completion in a foreign country is minor or insignificant under section 781(b)(1)(C) of the Act, section 781(b)(2) of the Act directs Commerce to consider: (A) the level of investment in the foreign country; (B) the level of research and development in the foreign country; (C) the nature of the production process in the foreign country; (D) the extent of production facilities in the foreign country; and (E) whether or not the value of processing performed in the foreign country represents a small proportion of the value of the merchandise imported into the United States. However, no single factor, by itself, controls Commerce's determination of whether the process of assembly or completion in a foreign country is minor or insignificant. ⁽¹³⁾ Accordingly, Commerce will evaluate each of these five factors as they exist in the foreign country, depending on the particular circumvention scenario.

In addition, section 781(b)(3) of the Act sets forth additional factors to consider in determining whether it is appropriate under section 781(b)(1) of the Act to include merchandise assembled or completed in a foreign country within the scope of an AD or CVD order. Specifically, Commerce shall take into account such factors as: (A) the pattern of trade, including sourcing patterns; (B) whether the manufacturer or exporter of the merchandise that was shipped to the foreign country is affiliated with the person who, in the foreign country, uses the merchandise to complete or assemble the merchandise which is subsequently imported into the United States; and (C) whether imports of the merchandise into the foreign country have increased after the initiation of the investigation that resulted in the issuance of such order.

Analysis

Based on our analysis of the requesters' circumvention inquiry request, we determine that they have satisfied the criteria under 19 CFR 351.226(c), and thus, pursuant to 19 CFR 351.226(d)(1)(iii), we are initiating the requested circumvention inquiry. For a full discussion of the basis for our decision to initiate the circumvention inquiry, see the Circumvention Initiation Checklist. As explained in the Circumvention Initiation Checklist, the information provided by the requesters warrants initiating the circumvention inquiry on a country-wide basis. Commerce has taken this approach in prior circumvention inquiries, where the facts warranted initiation on a country-wide basis. ⁽¹⁴⁾

Consistent with the approach in the prior circumvention inquiries that were initiated on a country-wide basis, Commerce intends to solicit information from certain companies in Ethiopia concerning their production of solar cells and modules and their shipments thereof to the United States.

Respondent Selection

Commerce intends to base respondent selection on U.S. Customs and Border Protection (CBP) data. Commerce intends to place the CBP data on each record within five days of the publication of this initiation notice, which will be available on Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https://access.trade.gov. Comments regarding the CBP data and respondent selection should be submitted within seven days after placement of the CBP data on the record of the relevant inquiry.

Commerce intends to establish a schedule for questionnaire responses after respondent selection. A company's failure to completely respond to Commerce's requests for information may result in the application of facts available, pursuant to section 776(a) of the Act, which may include adverse inferences, pursuant to section 776(b) of the Act.

Suspension of Liquidation

Pursuant to 19 CFR 351.226(l)(1), Commerce will notify CBP of the initiation and direct CBP to continue the suspension of liquidation of entries of products subject to the circumvention inquiry that were already subject to the suspension of liquidation under the Orders and to apply the cash deposit rates that would be applicable if the products were determined to be covered by the scope of the Orders.

Should Commerce issue affirmative preliminary or final circumvention determinations, Commerce will follow the suspension of liquidation rules under 19 CFR 351.226(l)(2)-(4). In the event that Commerce issues affirmative preliminary or final circumvention determinations that the products are circumventing the Orders, Commerce will instruct CBP to continue the suspension of liquidation of previously suspended entries and to apply the applicable cash deposit rate. Commerce will also instruct CBP to begin the suspension of liquidation and application of cash deposits for any unliquidated entries not yet suspended, entered, or withdrawn from warehouse, for consumption, on or after the date of publication of the notice of initiation of the circumvention inquiry pursuant to paragraphs (l)(2)(ii) and (l)(3)(ii). In addition, pursuant to paragraphs (l)(2)(iii)(A) and (l)(3)(iii)(A), Commerce may instruct CBP to begin the suspension of liquidation and application of cash deposits for any unliquidated entries not yet suspended, entered, or withdrawn from warehouse, for consumption, prior to the date of initiation of the circumvention inquiry, but not for such entries prior to November 4, 2021, the effective date of these provisions in the Final Rule. ⁽¹⁵⁾ These rules will not affect CBP's authority to take any additional action with respect to the suspension of liquidation or related measures for these entries, as stated in 19 CFR 351.226(l)(5).

Notification to Interested Parties

In accordance with 19 CFR 351.226(d) and section 781(b) of the Act, Commerce determines that the requesters' request for this circumvention inquiry satisfies the requirements of 19 CFR 351.226(c). Accordingly, Commerce is notifying all interested parties of the initiation of this circumvention inquiry to determine whether imports of solar cells and modules completed in Ethiopia using parts and components from China, that are subsequently exported from Ethiopia and imported into the United States, and solar cells completed in Ethiopia using parts and components from China, that are completed or assembled, using additional inputs from China, into modules in Vietnam and subsequently exported from Vietnam and imported into the United States are circumventing the Orders. In addition, we have included a description of the products that are subject to this inquiry, and an explanation of Commerce's decision to initiate this inquiry as provided in the accompanying Circumvention Initiation Checklist. ⁽¹⁶⁾

In accordance with 19 CFR 351.226(e)(1), unless this circumvention inquiry is rescinded, in whole or in part, or extended, Commerce intends to issue its preliminary circumvention determination no later than 150 days from the date of publication of the notice of initiation of this circumvention inquiry in the Federal Register . Furthermore, in accordance with section 781(f) of the Act and 19 CFR 351.226(e)(2), unless this circumvention inquiry is rescinded, in whole or in part, or extended, Commerce intends to issue its final determination within 300 days from the date of publication of the notice of initiation of this circumvention inquiry in the Federal Register .

This notice is published in accordance with section 781(b) of the Act, and 19 CFR 351.226(d)(1)(iii).

⁽¹⁾ 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); see also 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) (collectively, Orders ).

⁽²⁾ See Requesters' Letter, "Request for Circumvention Ruling Pursuant to Section 781(b) of the Tariff Act of 1930," dated May 12, 2026 (Circumvention Inquiry Request).

⁽³⁾ See TOYO's Letter, "Comments and Information Regarding the Adequacy of the Anti-Circumvention Petition," dated May 27, 2026.

⁽⁴⁾ See Origin Solar's Letter, "Origin Solar's Comments Regarding Adequacy," May 27, 2026.

⁽⁵⁾ See Requesters' Letter, "Request for TOYO and VSUN to Resubmit the Public Version of Their Comments," dated July 4, 2026.

⁽⁶⁾ See Commerce's Letter, "Resubmission of Comments and New Factual Information," dated June 4, 2026.

⁽⁷⁾ See Memorandum, "Extension of Circumvention Inquiry Initiation Deadline," dated June 4, 2026.

⁽⁸⁾ See TOYO's Letter, "Resubmission of Comments and Information Regarding the Adequacy of the Anti-Circumvention Petition," June 8, 2026.

⁽⁹⁾ See Requesters' Letter, "Response to Adequacy Comments on the Anti-Circumvention Inquiry Request," dated June 10, 2026.

⁽¹⁰⁾ See Commerce's Letters, "Ethiopia Assembly Circumvention Inquiry Request-Supplemental Questionnaire," dated June 12, 2026; and "Ethiopia Assembly Circumvention Inquiry Request-Second Supplemental Questionnaire," dated June 25, 2026.

⁽¹¹⁾ See Circumvention Inquiry Request Supplement; see also Second Circumvention Inquiry Request Supplement.

⁽¹²⁾ See Circumvention Initiation Checklist, "Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled into Modules, from the People's Republic of China," dated concurrently with, and hereby adopted by, this notice (Circumvention Initiation Checklist), at Attachment I.

⁽¹³⁾ See Statement of Administrative Action Accompanying the Uruguay Round Agreements Act, H.R. Doc. 103-316, Vol. 1 (1994), at 893.

⁽¹⁴⁾ See, e.g., Hydrofluorocarbon Blends from the People's Republic of China: Initiation of Circumvention Inquiry on the Antidumping Duty Order, 88 FR 74150 (October 30, 2023).

⁽¹⁵⁾ See Regulations to Improve Administration and Enforcement of Antidumping and Countervailing Duty Laws, 86 FR 52300, 52345 (September 20, 2021) ( Final Rule ).

⁽¹⁶⁾ See Circumvention Initiation Checklist.