Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People's Republic of China: Final Results of Countervailing Duty Administrative Review; 2022

<NOTICE> DEPARTMENT OF COMMERCE <SUBAGY>International Trade Administration</SUBAGY> <DEPDOC>[C-570-980]</DEPDOC> <SUBJECT>Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People's Republic of China: Final Results of Countervailing Duty Administrative Review; 2022</SUBJECT> <HD SOURCE="HED">AGENCY:</HD> Enforcement and Compliance, International Trade Administration, Department of Commerce. <SUM> <HD SOURCE="HED">SUMMARY:</HD> The U.S. Department of Commerce (Commerce) determines that countervailable subsidies are being provided to producers/exporters of crystalline silicon photovoltaic cells, whether or not assembled into modules (solar cells), from the People's Republic of China (China) during the period of review (POR) January 1, 2022, through December 31, 2022. </SUM> <DATES> <HD SOURCE="HED">DATES:</HD> Applicable January 27, 2026. </DATES> <FURINF> <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD> Jose Rivera, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-0842. </FURINF> <SUPLINF> <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD> <HD SOURCE="HD1">Background</HD> On April 21, 2025, Commerce published the <E T="03">Preliminary Results</E> of this administrative review, and invited interested parties to comment. <SU>1</SU> <FTREF/> On August 1, 2025, Commerce extended the deadline for these final results to no later than October 20, 2025. <SU>2</SU> <FTREF/> Due to the lapse in appropriations and Federal Government shutdown, on November 14, 2025, Commerce tolled all deadlines in administrative proceedings by 47 days. <SU>3</SU> <FTREF/> 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. <SU>4</SU> <FTREF/> The current deadline is December 29, 2025. <SU>5</SU> <FTREF/> For a description of the events that occurred since the <E T="03">Preliminary Results, see</E> the Issues and Decision Memorandum. <SU>6</SU> <FTREF/> <FTNT> <SU>1</SU>   <E T="03">See Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People's Republic of China: Preliminary Results of Countervailing Duty Administrative Review, and Rescission in Part; 2022,</E> 90 FR 16666 (April 21, 2025) ( <E T="03">Preliminary Results</E> ). </FTNT> <FTNT> <SU>2</SU>   <E T="03">See</E> Memorandum, “Extension of Deadline for Final Results of Countervailing Duty Administrative Review,” dated August 1, 2025. </FTNT> <FTNT> <SU>3</SU>   <E T="03">See</E> Memorandum, “Deadlines Affected by the Shutdown of the Federal Government,” dated November 14, 2025. </FTNT> <FTNT> <SU>4</SU>   <E T="03">See</E> Memorandum, “Tolling of all Case Deadlines,” dated November 24, 2025. </FTNT> <FTNT> <SU>5</SU>  Because the new deadline falls on a holiday ( <E T="03">i.e.,</E> December 25, 2025), the deadline becomes the next business day ( <E T="03">i.e.,</E> December 29, 2025). <E T="03">See Notice of Clarification: Application of “Next Business Day” Rule for Administrative Determination Deadlines Pursuant to the Tariff Act of 1930, As Amended,</E> 70 FR 24533 (May 10, 2005). </FTNT> <FTNT> <SU>6</SU>   <E T="03">See</E> Memorandum, “Issues and Decision Memorandum for the Final Results of the Administrative Review of the Countervailing Duty Order on Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled into Modules, from the People's Republic of China; 2022,” dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). </FTNT> <HD SOURCE="HD1">Scope of the Order</HD> The products covered by the order are solar cells from China. For a full description of the scope of the <E T="03">Order, see</E> the Issues and Decision Memorandum. <HD SOURCE="HD1">Analysis of Comments Received</HD> All issues raised in the parties' briefs are addressed in the Issues and Decision Memorandum accompanying this notice. A list of the issues addressed is attached to this notice at Appendix I. 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 <E T="03">https://access.trade.gov.</E> In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at <E T="03">https://access.trade.gov/public/FRNoticesListLayout.aspx.</E> <HD SOURCE="HD1">Methodology</HD> Commerce conducted this administrative review in accordance with section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). For each subsidy program found countervailable, Commerce finds that there is a subsidy, <E T="03">i.e.,</E> a government-provided financial contribution that gives rise to a benefit to the recipient, and that the subsidy is specific. <SU>7</SU> <FTREF/> For a description of the methodology underlying all of Commerce's conclusions, including any determination that relied upon the use of adverse facts available pursuant to section 776(a) and (b) of the Act, <E T="03">see</E> the Issues and Decision Memorandum. <FTNT> <SU>7</SU>   <E T="03">See</E> 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. </FTNT> <HD SOURCE="HD1">Changes Since the Preliminary Results</HD> Based on a comment received from Changzhou Zhaojing Light Energy Co., Ltd. (Light Energy) and record information, Commerce is replacing one of the previously selected mandatory respondents, Light Energy, with its unaffiliated exporter, Yingli Energy (China) Company Limited (Yingli China). In addition, for these final results, we revised the total AFA rate and revised the subsidy rate for Yingli China to match the revised total AFA rate being applied to Yangzhou Jinghua New Energy Technology Co., Ltd. and Jiangsu Highhope International Group Corporation (High Hope). These changes are explained in the Issues and Decision Memorandum. <HD SOURCE="HD1">Rate for Non-Selected Companies Under Review</HD> There are six companies for which a review was requested and not rescinded, which had reviewable entries, and which were not selected as mandatory respondents or found to be cross-owned with a mandatory respondent. <E T="03">See</E> Appendix II. The Act and Commerce's regulations do not directly address the establishment of a rate to be applied to companies not selected for individual examination when Commerce limits its examination in an administrative review pursuant to section 777A(e)(2) of the Act. However, Commerce normally determines the rates for non-selected companies in reviews in a manner that is consistent with section 705(c)(5) of the Act, which provides instructions for calculating the all-others rate in an investigation. Section 705(c)(5)(A) of the Act states that for companies not investigated, in general, we will determine an all-others rate by weight averaging the countervailable subsidy rates established for each of the companies individually investigated, excluding zero and <E T="03">de minimis</E> rates or any rates based entirely on facts available. Accordingly, to determine the rate for companies not selected for individual examination, Commerce's practice is to weight average the net subsidy rates for the selected mandatory respondents, excluding rates that are zero, <E T="03">de minimis,</E> or based entirely on facts available. <SU>8</SU> <FTREF/> In this administrative review, Commerce assigned a rate based entirely on facts available to Yingli China and High Hope. Therefore, we determine that it would not be a “reasonable method” to assign Yingli China's or High Hope's rate as the non-selected rate. For a further discussion of this issue, <E T="03">see</E> the Issues and Decision Memorandum. For these final results, in the absence of any other rate not based entirely on facts available, we continue to resort to an alternative reasonable method, which is to assign the non-select rate calculated in the previous review under this proceeding. <SU>9</SU> <FTREF/> Therefore, for the other companies that remain subject to this review but were not selected as mandatory respondents, and which we are not finding to be cross-owned with the mandatory respondents, we calculated the non-selected rate using the 2021 non-selected rate of 9.07 percent. <FTNT> <SU>8</SU>   <E T="03">See, e.g., Certain Pasta from Italy: Final Results of the 13th (2008) Countervailing Duty Administrative Review,</E> 75 FR 37386, 37387 (June 29, 2010). </FTNT> <FTNT> <SU>9</SU>   <E T="03">See, e.g., Certain Passenger Vehicle and Light Truck Tires from the People's Republic of China: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2018-2019,</E> 89 FR 33317 (April 29, 2024), and accompanying Issues and Decision Memorandum (IDM) at Comment 1. </FTNT> <HD SOURCE="HD1">Final Results of Administrative Review</HD> We determine that, for the period January 1, 2022, through December 31, 2022, the following total net countervailable subsidy rates exist: <GPOTABLE COLS="2" OPTS="L2,tp0,i1" CDEF="s50,12"> <TTITLE> </TTITLE> <CHED H="1">Company</CHED> <CHED H="1"> Subsidy rate (percent <E T="03"> ad valorem</E> <ENT I="01">Yingli Energy (China) Company Limited</ENT> <ENT>117.41</ENT> </ROW> <ROW> <ENT I="01 ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━ Preview showing 10k of 16k characters. 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