Solar cells India/Indonesia/Laos: ITC final injury

The U.S. International Trade Commission determined that a U.S. industry is materially injured by reason of imports of crystalline silicon photovoltaic cells, whether or not assembled into modules, from India, Indonesia, and Laos that Commerce found sold at less than fair value and subsidized. The determinations notice (FR Doc. 2026-22565) covers Investigation Nos. 701-TA-772-774 and 731-TA-1756-1758 (Final), was issued November 2, 2026 by Lisa Barton, Secretary to the Commission, and is scheduled for publication in the Federal Register on November 5, 2026. Merchandise is provided for in HTSUS 8541.42.00 and 8541.43.00, as stated in the notice.

ITC final affirmative injury on solar cells/modules from India, Indonesia, and Laos. Commerce AD/CVD orders come next. Indonesia critical-circumstances finding carries retroactive exposure.

How the cases got here

The Commission instituted the investigations effective July 17, 2025 on petitions by the Alliance for American Solar Manufacturing and Trade (members include Hanwha Q CELLS USA Inc., First Solar, and Mission Solar). Commerce's final LTFV and subsidy determinations published September 16, 2026 (91 FR 58643, 91 FR 58647, 91 FR 58638, 91 FR 58658, 91 FR 58651, and 91 FR 58633). Final-phase scheduling notice May 13, 2026 (91 FR 27078); hearing September 9, 2026; determinations filed November 2, 2026. Views are in USITC Publication 5804 (November 2026). Commissioner Samuel T. Negatu did not participate.

Critical circumstances: Indonesia differs

The Commission also found that imports subject to Commerce's affirmative critical circumstances determinations are not likely to undermine seriously the remedial effect of the AD and CVD orders for India and Laos, but are likely to undermine seriously the remedial effect for Indonesia. In general terms under 19 U.S.C. 1671d and 19 U.S.C. 1673d, critical circumstances findings decide whether duties can reach back to certain entries made before suspension of liquidation began (up to 90 days earlier). The Indonesia finding matters for those covered entries; the India and Laos findings mean that retroactive period does not apply.

What happens next

Following affirmative ITC final determinations, Commerce issues the AD and CVD orders. This notice does not publish the orders or state any AD or CVD cash deposit rates. Watch Commerce for the order notices that set cash deposit instructions.

Action items

• Map module and cell supply chains by country of manufacture (India, Indonesia, Laos versus other origins).
• Confirm entry classification under HTSUS 8541.42.00 / 8541.43.00 and deposit handling with your broker once Commerce publishes the orders.
• Budget for AD and CVD cash deposits on covered entries after the orders publish.
• Review retroactive exposure for Indonesia entries that may fall in the critical-circumstances lookback window.

Antidumping and countervailing duties (including AD and CVD cash deposits) are not eligible for drawback (19 U.S.C. 1677h; see AD/CVD duties are excluded from drawback). Ordinary customs duties on the same entries can still be drawback-eligible when merchandise is exported or destroyed (or used to manufacture exported goods) and the claim otherwise qualifies (how to file a duty drawback claim).

This article is for general information and is not legal or tax advice. Drawback eligibility depends on your specific facts, and final refunds are determined by CBP at liquidation. Consult a licensed customs broker or attorney for your situation.