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Enforcement and Compliance, International Trade Administration, Department of Commerce.
The U.S. Department of Commerce (Commerce) is amending its preliminarily affirmative determination in the less-than-fair value (LTFV) investigation of crystalline silicon photovoltaic cells, whether or not assembled into modules (solar cells), from the Lao People's Democratic Republic (Laos) to correct significant ministerial errors. The period of investigation (POI) is January 1, 2025, through June 30, 2025.
Applicable May 26, 2026.
Lilit Astvatsatrian, AD/CVD Operations, Office IX, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-6412.
On April 28, 2026, Commerce published in the Federal Register its preliminary affirmative determination in the LTFV investigation of solar cells from Laos.[1] On April 29, 2026, the Alliance for American Solar Manufacturing and Trade (the petitioner) timely alleged that Commerce made significant ministerial errors in calculating Solarspace Technology (Laos) Sole Co., Ltd.'s (Solarspace's) preliminary estimated weighted-average dumping margin.[2]
The products covered by this investigation are solar cells from Laos. For a complete description of the scope of this investigation, see the Preliminary Determination.[3]
Pursuant to 19 CFR 351.224(e), Commerce will correct any significant ministerial error by amending the preliminary determination. A ministerial error is defined as including errors “in addition, subtraction, or other arithmetic function, clerical error resulting from inaccurate copying, duplication, or the like, and any other similar type of unintentional error which {Commerce} considers ministerial.” [4] A ministerial error is considered to be “significant” if its correction, either singly or in combination with other errors, would result in: (1) a change of at least five absolute percentage points in, but not less than 25 percent of, the weighted-average dumping margin calculated in the preliminary determination; or (2) a difference between a weighted-average dumping margin of zero (or de minimis) and a weighted-average dumping margin of greater than de minimis or vice versa.[5]
The petitioner alleges that Commerce: (1) erred by relying on surrogate value (SV) data for a 12-month period, instead of the six-month POI; and (2) failed to convert the truck freight SV reported on a per-kilogram basis to the same square meter basis as the SV for solar glass.[6] We find that the petitioner's allegations constitute significant ministerial errors within the meaning of section 735(e) of the Act and 19 CFR 351.224(f) and (g)(1), because correcting for these errors increases Solarspace's preliminary weighted-average dumping margin from 22.46 to 33.57 percent, which is a change that is at least five absolute percentage points in, but not less than 25 percent of, the weighted-average dumping margin calculated for Solarspace in the Preliminary Determination. Accordingly, pursuant to 19 CFR 351.224(e), we are amending the Preliminary Determination to correct these significant ministerial errors and revise the weighted-average dumping margin for Solarspace.
Further, because we assigned Solarspace's weighted-average dumping margin to the non-individually examined separate rate respondents and the Laos-wide entity, Commerce is also amending its Preliminary Determination for the non-examined separate rate companies and the Laos-wide entity. For a detailed discussion of the alleged significant ministerial errors, as well as Commerce's analysis, see the Ministerial Error Memorandum.[7]
Finally, we are correcting the name of the producer of the merchandise exported by separate rate respondent SolarSpace Technology (Hong Kong) Limited to be Solarspace Technology (Laos) Sole Co., Ltd. in the producer/exporter combination listed in the table below.[8]
As a result of correcting these significant ministerial errors, Commerce determines the following estimated weighted-average dumping margins exist: ( printed page 30620)
| Producer | Exporter | Weighted-average dumping margin (percent) | Cash deposit rate (adjusted for subsidy offset) (percent) |
|---|---|---|---|
| Solarspace Technology (Laos) Sole Co., Ltd | Solarspace Technology (Laos) Sole Co., Ltd | 33.57 | 33.17 |
| Solarspace Technology (Laos) Sole Co., Ltd | JA Solar Vietnam Co. Ltd | 33.57 | 33.17 |
| Solarspace Technology (Laos) Sole Co., Ltd | SolarSpace Technology (Hong Kong) Limited | 33.57 | 33.17 |
| Solarspace Technology (Laos) Sole Co., Ltd | Trina Solar Energy Development Pte. Ltd | 33.57 | 33.17 |
| Solarspace Technology (Laos) Sole Co., Ltd | Trina Solar Science & Technology (Thailand) Company Limited | 33.57 | 33.17 |
| Laos-Wide Entity | 33.57 | 33.17 | |
We intend to disclose the calculations performed for this amended preliminary determination to parties within five days after public announcement or, if there is no public announcement, within five days of the date of publication of this notice, in accordance with 19 CFR 351.224(b).
The collection of cash deposits and suspension of liquidation will be revised according to the rates established in this amended preliminary determination, in accordance with section 773(d) of the Act. Because this amended preliminary determination results in increased cash deposit rates, these rates 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.
In accordance with section 733(f) of the Act, we intend to notify the ITC of our amended preliminary determination.
This amended preliminary determination is issued and published in accordance with sections 733(f) and 777(i)(1) of the Act, and 19 CFR 351.224(e).
Dated: May 20, 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.
1. See Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, from the Lao People's Democratic Republic: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Preliminary Affirmative Determination of Critical Circumstances, in Part, and Postponement of Final Determination and Extension of Provisional Measures,91 FR 22794 (April 28, 2026) ( Preliminary Determination), and accompanying Preliminary Decision Memorandum.
Back to Citation2. See Petitioner's Letter, “Ministerial Error Allegation for the Preliminary Determination” dated April 29, 2026 (Petitioner Ministerial Errors Allegation).
Back to Citation3. See Preliminary Determination, 91 FR at 22796-98.
Back to Citation4. See section 735(e) of the Tariff Act of 1930, as amended (the Act); see also19 CFR 351.224(f); and, e.g., Alloy Piping Prods. v. United States, 20 1 F. Supp. 2d 1267, 1285 (CIT 2002) (“The error in question must be demonstrated to be a clerical error, not a methodological error, an error in judgment. or a substantive error”).
Back to Citation5. See 19 CFR 351.224(g).
Back to Citation6. See Petitioner Ministerial Errors Allegation.
Back to Citation7. See Memorandum, “Analysis of Ministerial Error Allegations for the Preliminary Determination,” dated concurrently with this notice (Ministerial Error Memorandum).
Back to Citation8. In the Preliminary Determination, we incorrectly listed SolarSpace Technology (Hong Kong) Limited as both the producer and exporter of subject merchandise.
Back to Citation[FR Doc. 2026-10426 Filed 5-22-26; 8:45 am]
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