Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules From India: Final Affirmative Determination of Sales at Less Than Fair Value, and Final Affirmative Determination of Critical Circumstances, In Part

51.109(f)(1) provide that the estimated weighted-average dumping margin for all other producers and exporters not individually investigated shall be equal to the weighted average of the estimated weighted-average dumping margins established for exporters and producers individually investigated, excluding rates that are zero, de minimis, or determined entirely under section 776 of the Act.\9\ When there is no individually calculated estimated weighted-average dumping margin that is not zero, de minimis, or based entirely on facts available, section 735(c)(5)(B) of the Act directs Commerce to ``use any reasonable method to establish the estimated all-others rate for exporters and producers not individually investigated.'' \10\ In a LTFV investigation, when the estimated-weighted-average dumping margins for all individually investigated companies are determined entirely on the basis of adverse facts available, Commerce's practice is to calculate the all-others rate as a simple average of the dumping margins alleged in the petition.\11\ --------------------------------------------------------------------------- \9\ See section 735(c)(5)(A) of the Act. \10\ See section 735(c)(5)(B) of the Act and 19 CFR 351.109(f)(2)(iii); see also Albemarle Corp. v. United States, 821 F.3d 1345, 1352 (Fed. Cir. 2016) (Albemarle) (``. . . when all individually examined respondents are assigned de mi