Solar IV: ITC files its final, Commerce orders next

What the ITC filed on November 2

The Commission completed and filed its determinations on November 2, 2026: a U.S. industry is materially injured by imports of crystalline silicon photovoltaic cells, whether or not assembled into modules, from India, Indonesia and Laos, classified under HTSUS subheadings 8541.42.00 and 8541.43.00. The Federal Register notice (FR Doc. 2026-22565) was published on November 5, 2026 at 91 FR 69865. It names the petitioner, the Alliance for American Solar Manufacturing and Trade, whose members include Hanwha Q CELLS USA, First Solar and Mission Solar.

The vote itself was taken on October 14, 2026. According to News Release 26-147, Chairman Brett W. Doyle and Commissioners Jason E. Kearns, Peter-Anthony Pappas, Bart Thanhauser and David Foley Jr. voted in the affirmative; Commissioner Samuel T. Negatu did not participate. The Commission's full views and staff report are now out as USITC Publication 5804, dated November 2026 (on the ITC website when we checked on November 11, 2026).

Critical circumstances: Indonesia only

The notice and Publication 5804 separate the three countries on one point. For imports covered by Commerce's affirmative critical-circumstances findings, the Commission found they are not likely to undermine seriously the remedial effect of the orders on India and Laos, but are likely to do so for Indonesia. If you have Indonesian-origin entries in your supply chain from before the orders, ask your importer how that finding affects them.

What Commerce does next

Commerce's final notices of September 16 state that if the ITC finds injury, Commerce "will issue an antidumping duty order" (and a CVD order) directing CBP to assess duties. The rates those orders carry are the final ones Commerce published:

• India — AD 123.04% margin, 107.17% cash deposit after subsidy offsets, for all named companies and all others; CVD 126.09%.
• Indonesia — AD 94.36%; CVD 173.70% for PT Blue Sky Solar, 73.20% for PT REC Solar Energy and all others.
• Laos — AD 65.43% margin, 65.03% cash deposit, amended to 65.76% and 65.36% for a ministerial error; CVD 82.03% for Solarspace and all others, 153.67% for Vietnam Sunergy.

The orders went on public inspection on November 6, 2026 and appear in the Federal Register issue dated November 9, with cash deposits effective from November 5. See our note on the orders and the rate detail.

A month of dates for module buyers

• November 5: the ITC notice was published (91 FR 69865); cash deposits run from this date.
• November 9: Commerce's orders appear in the Federal Register (91 FR 70843 and 91 FR 70862).
• Published: USITC Publication 5804, with the Commission's reasoning (available by November 11, ahead of the November 23 target).
• December 3: the last day of the BIS temporary rule restricting stockpiling of polysilicon and its derivatives, effective September 22 through December 3, 2026, including its window for import-prohibition waiver applications.
• December 4: under Proclamation 11052, modules entered from 12:01 a.m. eastern time face a minimum import price of $0.38 per watt and an additional 15 percent ad valorem duty. See our Section 232 note.

What it means if you are buying modules

• Ask for cell origin in writing. These cases cover the cell, whether or not it is assembled into a module, so the module's assembly country alone does not answer the question.
• The duties stack. For an Indian cell, AD and CVD deposits alone exceed 230% of entered value (107.17% + 126.09%, our arithmetic), before the Section 232 measures that start on December 4.
• Know who the importer of record is. Buying from inventory already in a U.S. warehouse means you are not posting deposits on a new entry; buying on an import contract means someone is, and the contract should say who carries later review liability.

For how origin affects tax credits, see domestic vs. imported solar panels and our FEOC compliance desk.