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					</table>The <a href="https://www.commerce.gov/" target="_blank" rel="noopener">U.S. Department of Commerce</a> has temporarily restricted  imports of polysilicon and its derivatives to prevent companies from stockpiling products ahead of the impending minimum import prices (MIP) and tariffs.
In August 2026, the U.S. <a href="https://www.mercomindia.com/us-imposes-15-tariff-on-polysilicon-derivatives-sets-solar-import-prices" target="_blank" rel="noopener">announced</a> a 15% additional tariff on certain polysilicon products and set minimum import prices for polysilicon, wafers, and solar cells and modules, effective December 4, 2026, regardless of the country of origin.
The Bureau of Industry and Security (BIS) issued a temporary final rule establishing criteria to identify stockpiling by existing importers and imposing quantitative restrictions on newly established importers.
The rule is in effect from September 22 through December 3, 2026.
The agency said polysilicon is critical to semiconductor and solar manufacturing and that the measures are intended to support efforts under the presidential proclamation to reduce import dependence and rebuild domestic production capacity.
The restrictions follow Presidential Proclamation 11052, issued on August 6, 2026, which found that imports of polysilicon and its derivatives threatened to impair U.S. national security. The proclamation imposed MIPs and tariffs on covered products under Section 232 of the Trade Expansion Act of 1962, effective December 4.
Commerce said trade data from the week after publication of Proclamation 11052 show dramatic increases in polysilicon imports from some importers of record (IORs) compared to their historic weekly average import volumes.
Restrictions on Existing Importers
Commerce will monitor imports of polysilicon products to identify IORs bringing in volumes substantially higher than their historical averages.
The assessment will consider aggregate imports since August 6, average weekly imports since that date, weekly averages between January 1 and August 6, 2026, and average weekly imports during 2025.
Commerce will also consider whether companies use affiliates that do not typically import polysilicon products or newly established IORs.
If Commerce determines that an importer is stockpiling, it will notify U.S. Customs and Border Protection (CBP), and the importer will be prohibited from making further entries of covered products before December 4 unless it obtains a waiver.
Limits on New Importers
IORs registered with CBP on or after August 6, 2026, will be subject to specific weekly import limits unless they receive Commerce approval.
For polysilicon classified under HTSUS 2804.61.00, imports will be limited to 12 kg per week. Ingots and wafers under HTSUS 3818.00.0020, 3818.00.0040, 3818.00.0045, 3818.00.0050, and 3818.00.0091 will be limited to 7 kg per week.
Solar cell imports under HTSUS 8541.42.00 will be capped at 2,000 units per week, while solar modules classified under HTSUS 8541.43.00 will be limited to 55 units.
<a href="https://mercomindia.s3.ap-south-1.amazonaws.com/wp-content/uploads/2026/09/poly.png"><img loading="lazy" decoding="async" class="aligncenter wp-image-105708 size-full" src="https://mercomindia.s3.ap-south-1.amazonaws.com/wp-content/uploads/2026/09/poly.png" alt="" width="1058" height="477" srcset="https://mercomindia.s3.ap-south-1.amazonaws.com/wp-content/uploads/2026/09/poly.png 1058w, https://mercomindia.s3.ap-south-1.amazonaws.com/wp-content/uploads/2026/09/poly-300x135.png 300w, https://mercomindia.s3.ap-south-1.amazonaws.com/wp-content/uploads/2026/09/poly-768x346.png 768w, https://mercomindia.s3.ap-south-1.amazonaws.com/wp-content/uploads/2026/09/poly-650x293.png 650w, https://mercomindia.s3.ap-south-1.amazonaws.com/wp-content/uploads/2026/09/poly-624x281.png 624w, https://mercomindia.s3.ap-south-1.amazonaws.com/wp-content/uploads/2026/09/poly-600x271.png 600w" sizes="auto, (max-width: 1058px) 100vw, 1058px" /></a>
Commerce said the thresholds are based on historical import data and are designed to allow new IORs to import products at or below volumes typically brought in by existing importers.
New IORs exceeding these limits without approval will be prohibited from making further entries before December 4.
Commerce and CBP will also act against importers and customs brokers that establish or use multiple IORs or other arrangements to circumvent the restrictions.
Waiver Process
Companies prohibited or restricted from importing covered products can apply to Commerce for a waiver.
Existing IORs granted waivers may resume imports, while approved new IORs may exceed the specified quantitative thresholds, subject to the stockpiling restrictions applicable to existing importers.
Applicants must provide details on their ownership structure, manufacturing operations, intended use and projected volume of imports, and the commercial reasons behind their import volumes.
Existing IORs must explain why increased imports since August 6 were based on legitimate commercial considerations unrelated to the implementation of the proclamation.
New IORs must explain why they were established after August 6 and disclose any U.S. customer or business relationships predating the proclamation, along with information on the foreign manufacturers supplying the products.
Applicants must also commit not to stockpile covered products before December 4.
The waiver application window will remain open through December 3, 2026.
Tightening Import Controls
Commerce said delaying the restrictions could let companies keep building inventories before the MIPs and tariffs take effect.
The rule also places obligations on customs brokers to identify potential attempts to circumvent the restrictions, including through newly established IORs or multiple entities with common beneficial ownership.
Brokers facilitating attempts to evade the restrictions could face CBP enforcement actions, including penalties or proceedings to suspend or revoke their licenses.
Recently, Commerce <a href="https://www.mercomindia.com/us-finalizes-steep-antidumping-countervailing-duties-for-indian-solar-cells" target="_blank" rel="noopener">finalized</a> high antidumping and countervailing duties on imports of solar cells from India, Indonesia, and Laos, holding that the exporting companies benefited from government subsidies in their countries.

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