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HomeIndirect TaxesUS Finalises 123.04% Anti-Dumping Duty on Indian Solar Cells; Combined AD/CVD Burden...

US Finalises 123.04% Anti-Dumping Duty on Indian Solar Cells; Combined AD/CVD Burden Reaches 249.13%

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The United States has finalised steep anti-dumping (AD) and countervailing duty (CVD) rates on crystalline silicon photovoltaic (CSPV) cells imported from India, Indonesia and Laos, significantly raising the trade barriers faced by solar manufacturers seeking access to the US market.

For Indian solar producers, the US Department of Commerce has determined a 123.04% final anti-dumping margin and a 126.09% countervailing duty rate, taking the combined AD and CVD rate to 249.13%, before accounting for any other applicable US tariffs. The final determinations were announced on September 11, 2026. 

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The measures follow investigations into whether imported solar cells were being sold in the US at unfairly low prices and whether producers benefited from government subsidies that provided an unfair competitive advantage.

123.04% Anti-Dumping Margin for Indian Producers

The US Commerce Department has assigned a final anti-dumping margin of 123.04% to Indian producers and exporters covered by the investigation.

The rate applies to Mundra Solar PV Limited, Mundra Solar Energy Limited, Kowa Company Ltd. and Premier Energies Photovoltaic Private Limited, as well as the “all others” category. According to the Commerce Department, the final dumping margin was determined on the basis of facts available with adverse inferences. 

The investigation covers crystalline silicon photovoltaic cells, whether or not assembled into modules, meaning the measure extends to the specified solar cells even where they have been incorporated into solar modules.

The final determination follows the preliminary anti-dumping determination issued earlier in 2026, which had already assigned a 123.04% dumping margin to the Indian producers covered by the investigation. 

126.09% Countervailing Duty on Indian Solar Products

In a separate countervailing duty investigation, the US Commerce Department determined that Indian producers/exporters were benefiting from countervailable subsidies.

The final subsidy rate for Mundra Solar Energy Limited and Mundra Solar PV Limited was fixed at 126.09%, with the same rate applying to all others under the determination. 

When the final anti-dumping and countervailing rates are viewed together, Indian solar products face a combined rate of 249.13% under these two trade-remedy investigations.

The combined figure does not necessarily represent the final overall tariff burden on every shipment because other US duties or trade measures, where applicable, may operate separately.

What the US Investigations Were About

Anti-dumping investigations generally examine whether imported goods are being sold in the US at prices considered unfairly low in relation to their normal value. Countervailing duty investigations, by contrast, focus on whether foreign producers receive government subsidies that are considered actionable under US trade law.

In the present case, the Commerce Department issued affirmative determinations in both investigations concerning CSPV cells from India, Indonesia and Laos. The US authorities concluded that the imports were associated with dumping and countervailable subsidies. 

The proceedings therefore involve two distinct trade-remedy components: the anti-dumping investigation addressing alleged price dumping and the countervailing duty investigation addressing alleged subsidisation.

Duties Also Finalised for Indonesia and Laos

The US action is not limited to India.

For Indonesia, the Commerce Department determined a final anti-dumping margin of 94.36%. Countervailing duty rates for Indonesian producers range from 73.20% to 173.70%.

For Laos, the final anti-dumping margin was fixed at 65.43%, while countervailing duty rates range from 82.03% to 153.67%, depending on the producer/exporter. 

The decision therefore represents a broader tightening of US trade remedies against solar-cell imports from multiple Asian production centres.

USITC Still Has to Make the Final Injury Determination

Importantly, the Commerce Department’s affirmative determinations do not by themselves complete the entire US trade-remedy process.

The US International Trade Commission (USITC) is conducting the parallel injury investigation to determine whether the imports under consideration have caused, or threaten to cause, material injury to the US domestic solar manufacturing industry.

The USITC has scheduled its final vote for October 14, 2026

Thus, the Commerce Department has determined the dumping and subsidy margins, while the USITC’s final injury determination remains a crucial next step before the trade remedies can ultimately take effect as orders.

Potential Impact on Indian Solar Exporters

The scale of the rates could materially alter the economics of exporting Indian solar cells and modules to the US.

A combined AD/CVD rate of 249.13% creates a substantial additional cost burden for Indian-origin products entering the American market. This could make direct exports to the US considerably less competitive unless exporters are able to absorb the additional costs, renegotiate prices, redirect shipments or restructure their supply chains.

The decision may consequently prompt Indian manufacturers to reassess their export strategies, including the markets they serve, manufacturing locations, sourcing arrangements and long-term capacity allocation.

For US buyers, the measures could also affect procurement decisions because imported Indian solar products may become significantly more expensive if the duties ultimately come into force.

Significant Development Amid India-US Trade Negotiations

The timing of the decision is particularly significant because India and the United States are simultaneously engaged in negotiations concerning a Bilateral Trade Agreement (BTA).

The solar trade dispute therefore adds another layer to an already complex India-US trade relationship. While both countries are seeking to expand commercial ties, sector-specific trade investigations and tariff measures continue to create uncertainty for businesses operating across the two markets.

The latest solar decision could consequently become an important issue in broader discussions concerning market access, tariffs, industrial policy and supply-chain diversification.

Broader US Push to Protect Domestic Solar Manufacturing

The US action also reflects the continuing effort to strengthen domestic solar manufacturing by using trade-remedy measures against imports perceived to be benefiting from unfair pricing or subsidies.

The latest investigations follow earlier US trade actions concerning solar products from other Asian manufacturing locations. The expansion of trade remedies to India, Indonesia and Laos further narrows the number of Asian production bases that can access the US market without facing substantial trade barriers. 

For American manufacturers, the measures could provide additional protection against lower-priced imports. For downstream solar companies, however, higher import costs could increase procurement expenses and affect project economics.

India Faces Wider Trade Pressure in the US

The solar decision comes against a wider backdrop of trade tensions between India and the United States.

The US has separately taken trade measures affecting India and has raised concerns relating to forced labour, tariffs and trans-shipment of Chinese-origin goods. The solar decision therefore adds another sector-specific trade barrier at a time when Indian exporters are closely monitoring US trade policy.

The development is particularly important for India’s renewable-energy industry because the country has been expanding its solar manufacturing capacity and seeking to strengthen its position as a global clean-energy manufacturing hub.

What Happens Next?

The immediate next step is the USITC’s injury determination.

The USITC has scheduled its vote for October 14, 2026, in the final phase of the anti-dumping and countervailing duty investigations concerning crystalline silicon photovoltaic cells from India, Indonesia and Laos. 

If the USITC makes the required affirmative injury determination, the Commerce Department’s final AD and CVD findings can lead to the imposition of the corresponding trade-remedy orders.

Until that stage is completed, the September 11 Commerce Department determination should therefore be viewed as a major step toward the potential imposition of the duties rather than the end of the entire statutory process.

Read More: AI-Driven Tax Scrutiny Intensifies as Income Tax and GST Dept. Analyse Data Across Multiple Platforms

Mariya Paliwala
Mariya Paliwalahttps://www.jurishour.in/
Mariya is the Senior Editor at Juris Hour. She has 7+ years of experience on covering tax litigation stories from the Supreme Court, High Courts and various tribunals including CESTAT, ITAT, NCLAT, NCLT, etc. Mariya graduated from MLSU Law College, Udaipur (Raj.) with B.A.LL.B. and also holds an LL.M. She started her career as a freelance tax reporter in the leading online legal news companies.

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