Polysilicon imports are now subject to temporary federal restrictions designed to prevent companies from building inventories before new minimum import prices and tariffs take effect on December 4, 2026.
The Bureau of Industry and Security issued a temporary final rule published September 24, 2026, under President Donald Trump’s Proclamation 11052.
The rule applies to polysilicon shipments during the period before the new measures begin.
The rule took effect September 22, 2026, and remains in place through December 3, 2026.
It directs the Commerce Department to monitor import activity, identify companies that may be stockpiling polysilicon or polysilicon derivatives, and work with U.S. Customs and Border Protection to restrict additional entries when necessary.
Table of Contents
Why the federal government is restricting polysilicon imports
Proclamation 11052 identified polysilicon as a strategic material used in semiconductor manufacturing and solar products.
The proclamation therefore addressed the national security risks associated with polysilicon imports.
The proclamation concluded that imports were entering the United States in quantities or under circumstances that threatened to impair national security under Section 232 of the Trade Expansion Act of 1962.
Beginning December 4, covered imports will face a minimum import price program and, for covered derivative products, an additional 15 percent tariff unless an exception applies.
Those measures will change the treatment of covered goods.
The proclamation established minimum import prices of $21 per kilogram for polysilicon, $100 per kilogram for polysilicon ingots and wafers, $0.22 per watt for solar cells and $0.38 per watt for solar modules.
The new temporary rule addresses the period before those import adjustments begin and limits the ability to accelerate shipments ahead of the effective date.
Commerce said the interim restrictions are intended to stop companies from increasing polysilicon imports solely to avoid the forthcoming pricing and tariff measures.
How Commerce will monitor existing importers
Existing importers of record may continue importing covered products unless Commerce determines that their activity indicates stockpiling.
The review applies to existing shipments and related covered products.
Commerce will provide written notice to CBP when an importer is bringing in volumes substantially above its historic averages.
CBP will then notify the importer and any customs brokers working on its behalf.
An importer that receives such a notice may be prohibited from making further entries of covered polysilicon products before December 4, 2026.
That restriction can pause additional entries by the affected company.
The rule does not establish one automatic national threshold for existing companies.
Instead, Commerce will make a fact-specific determination using several indicators of import behavior, including the company’s pattern of polysilicon imports.
- The company’s total import volume since August 6, 2026.
- The company’s average weekly imports since August 6, 2026.
- The company’s average weekly imports from January 1 through August 6, 2026.
- The company’s average weekly imports during 2025.
- Whether the company is using affiliates that do not normally import polysilicon.
- Whether newly created importers of record are being used to bring in covered products.
The agency’s review may therefore consider both the importer’s direct activity and arrangements involving related companies when assessing polysilicon imports.
New importers face specific weekly limits
Companies that registered with CBP as importers of record on or after August 6, 2026, face more specific restrictions on covered goods.
Unless Commerce approves a waiver, these new importers may not exceed the following weekly quantities before December 4, 2026.
| HTSUS subheading | Weekly quantity allowed |
|---|---|
| 2804.61.00 | 12 kilograms |
| 3818.00.0020, 3818.00.0040, 3818.00.0045, 3818.00.0050 and 3818.00.0091 | 7 kilograms |
| 8541.42.00 | 2,000 units |
| 8541.43.00 | 55 units |
Commerce said the limits are based on historical import data and are intended to allow new importers to handle typical volumes without creating an avenue for stockpiling through these shipments.
The agency may adjust the quantities if it determines that changes are needed to address circumvention or inventory accumulation.
A new importer that exceeds the applicable weekly quantity without approval may be barred from making additional entries before December 4.
The bar would prevent further covered entries during the restricted period.
Companies cannot evade the rule by creating multiple importers
The rule instructs Commerce and CBP to take action against importers and customs brokers that establish, use or facilitate multiple importers of record to avoid the restrictions on polysilicon imports.
Authorities may examine the ownership of new importers, their import activity, their relationships with other companies and the final destination of the merchandise.
Customs brokers are expected to consider whether a new importer is connected to other newly established importers that have reached or exceeded the weekly limits for covered products.
Brokers must also examine whether the goods will be transferred to or used for the benefit of an importer already subject to a prohibition.
Potential consequences for brokers may include CBP enforcement proceedings, penalties or action affecting a broker’s license.
The rule also reminds brokers that they may not file or assist with documents they know to be false, or provide information they know or should know is false or misleading in a matter before the Department of Homeland Security involving covered products.
How the polysilicon import waiver process works
Companies restricted or prohibited from importing covered products may apply to Commerce for a waiver covering polysilicon imports.
For an existing importer subject to a prohibition, an approved waiver may allow imports to resume.
For a new importer subject to the fixed weekly limits, an approved waiver may allow imports under the broader restrictions that apply to existing importers.
Applications must be submitted electronically to Commerce’s designated polysilicon address.
The application must identify the company’s legal name, address, ownership structure, beneficial owners, headquarters location and authorized representatives.
Applicants must explain the products they manufacture, where manufacturing occurs and how the requested imports will be used.
The filing must also provide projected import types, quantities and uses before December 4, 2026, including the company’s planned polysilicon imports.
Companies must explain the legitimate business reasons for their import volumes.
Existing importers should explain why increased imports after August 6 were connected to genuine commercial activity rather than preparation for the new import regime affecting covered goods.
New importers should explain why they were created, identify any customers or business relationships that existed before August 6, and identify the foreign manufacturers involved.
A senior company official must sign the application and certify under penalty of perjury that the information is accurate and complete to the best of the company’s knowledge.
The applicant must also commit not to stockpile covered products before December 4.
Commerce expects decisions within 14 days
Commerce may request additional records, seek clarification or propose changes to an application for covered products.
The agency may approve an application as submitted, approve it conditionally, request revisions or deny the request.
Commerce said it intends to respond within 14 days after receiving an application.
Approved applicants will receive written notice.
CBP will administer any prospective import authorization after receiving Commerce’s approval notice.
Commerce also stated that it will protect the confidentiality of information submitted in waiver applications.
What importers and brokers should do now
Businesses importing covered polysilicon products should review their import volumes against historical activity from 2025 and the period from January 1 through August 6, 2026.
That review should include all relevant polysilicon imports.
New importers should classify their products under the applicable HTSUS codes and calculate weekly quantities carefully.
Companies should preserve records showing purchase orders, customer demand, manufacturing needs, ownership relationships and delivery destinations.
Importers that rely on affiliates or newly established entities should examine whether those arrangements could appear to circumvent the rule governing the covered goods.
Customs brokers should confirm the importer-of-record status, beneficial ownership, weekly entry volumes and ultimate consignee before filing entries.
A company that receives a prohibition notice should consider preparing a complete waiver application rather than continuing entries without approval.
The interim rule expires after December 3, but the separate minimum import price and tariff measures begin on December 4, 2026.
Importers should therefore plan for both the temporary anti-stockpiling restrictions and the longer-term import adjustments under Proclamation 11052, including the effect on future polysilicon imports.
Frequently Asked Questions
When do the new polysilicon stockpiling restrictions take effect?
The temporary final rule is effective September 22, 2026, and remains in effect through December 3, 2026.
When do the new polysilicon tariffs and minimum import prices begin?
The import adjustments under Proclamation 11052 begin December 4, 2026, for covered products entered for consumption or withdrawn from a warehouse for consumption.
What happens to a new importer that exceeds the weekly limits?
Commerce may notify CBP, which can prohibit the importer from making additional entries of covered polysilicon products before December 4, 2026.
Can a restricted company request permission to continue importing?
Yes. Companies subject to a prohibition or quantitative restriction may submit a waiver application to Commerce with ownership, business-purpose, import-volume and certification information.
How quickly will Commerce review waiver applications?
Commerce stated that it intends to respond within 14 days after receiving an application, although it may request supplemental information or revisions.
Fact-Checked: Fact-checked against the September 24, 2026, Federal Register rule, White House Proclamation 11052 and official BIS materials.
Disclaimer: This article is general news information and is not legal, customs or trade-compliance advice.
New Minimum Wage In Canada and 5 Provinces, Effective April 1
