Document
Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From Indonesia: Amended Preliminary Affirmative Determination of Sales at Less Than Fair Value
The U.S. Department of Commerce (Commerce) is amending its preliminary affirmative determination in the less-than-fair-value (LTFV) investigation of crystalline silicon photovol...
SUPPLEMENTARY INFORMATION:
Background
On April 28, 2026, Commerce published in the
Federal Register
its preliminary affirmative determination in the LTFV investigation of solar cells from Indonesia.[]
In the
Preliminary Determination,
Commerce noted that, because sufficient information regarding affiliation was missing from the record, it was necessary to rely on facts otherwise available in determining the estimated weighted-average dumping margin for PT Blue Sky Solar Indonesia (Blue Sky).[]
Moreover, Commerce stated that it intended to request additional information from Blue Sky to consider for the final determination and that we intended to conduct verification of Blue Sky's responses to more definitively determine whether Blue Sky has undisclosed affiliation.[]
On April 30, 2026, Commerce contacted Blue Sky to obtain additional information and verify Blue Sky's responses regarding affiliation.[]
Blue Sky declined to cooperate with Commerce's request. Therefore, Commerce finds that it is necessary to amend its
Preliminary Determination
to reflect the need to rely on total AFA to determine of Blue Sky's preliminary estimated weighted-average dumping margin. For a detailed discussion of Commerce's request for information and attempt to verify Blue Sky's reporting of affiliations, as well as its decision to rely on total AFA for the
Preliminary Determination, see
the Amended Preliminary Decision Memorandum.
Amended Preliminary Determination
As a result of Commerce's finding that it is necessary to rely on total AFA in reaching its preliminary determination, Commerce is applying the following estimated weighted-average dumping margin to Blue Sky for the
Preliminary Determination.
| Exporter/producer 5
|
Weighted-
average
dumping
margin
(percent) |
| PT Blue Sky Solar Indonesia |
* 94.36 |
| * Rate based on facts available with adverse inferences. |
Disclosure
Normally, Commerce discloses to interested parties the calculations performed in connection with a preliminary determination 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 of preliminary determination in the
Federal Register
, in accordance with 19 CFR 351.224(b). However, because Commerce is applying total AFA to the individually examined company Blue Sky in this investigation, in accordance with section 776 of the Tariff Act of 1930, as amended (the Act), and the applied AFA rate is based solely on the Petition, there are no calculations to disclose.[]
Amended Cash Deposits and Suspension of Liquidation
The collection of cash deposits and suspension of liquidation will be revised according to the rates calculated in this amended preliminary determination, in accordance with section 733(d) of the Act. Because this amended preliminary determination results in an increased cash deposit rate, this rate will be effective on the date of publication of this notice in the
Federal Register
. These suspension of liquidation instructions will remain in effect until further notice.
U.S. International Trade Commission (ITC) Notification
In accordance with section 733(f) of the Act, Commerce will notify the ITC of our amended preliminary determination.
Notification to Interested Parties
This amended preliminary determination is issued and published in accordance with sections 733(d) 777(i)(1) of the Act.
Dated: May 21, 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.