Commerce Moves to Prevent Stockpiling of Polysilicon and Its Derivatives Ahead of Section 232 Measures
The U.S. Department of Commerce issued a temporary rule on September 24, 2026, aimed at preventing a surge in imports of polysilicon and polysilicon derivatives before new Section 232 measures take effect on December 4, 2026, pursuant to Proclamation 11052. The new rule establishes a monitoring process for imports of polysilicon and polysilicon derivatives by importers of record (IOR) and imposes import limits for new IORs (i.e., importers registered with U.S. Customs and Border Protection (CBP) on or after August 6, 2026), authorizing Commerce to cut off entries by importers whose volumes substantially exceed historical levels. It also imposes strict weekly volume caps on newly registered IORs. The new anti-stockpiling rule is effective from September 22, 2026 through December 3, 2026.
Pursuant to the new rule, Commerce, in conjunction with CBP, will monitor import volumes to determine if an IOR is importing polysilicon products (including ingots, wafers, cells, and modules) in volumes substantially greater than its historic averages. Such determinations will be made on a fact-specific basis, based on factors including, but not limited to:
- The aggregate volume of polysilicon products imported by the IOR since August 6, 2026;
- The weekly average volume of polysilicon products imported by the IOR since August 6, 2026;
- The weekly average volume of polysilicon products imported by the IOR between January 1, 2026 and August 6, 2026;
- The weekly average volume of polysilicon products imported by the IOR in 2025; and
- The use of affiliates that do not customarily import polysilicon products, or the use of new IORs, to import polysilicon products.
The new rule also imposes weekly import volume limits for new IORs. New IORs are prohibited from importing polysilicon products exceeding the following quantities for each of the following HTSUS subheadings:
- HTSUS 2804.61.00: 12 kilograms
- HTSUS 3818.00.0020, 3818.00.0040, 3818.00.0045, 3818.00.0050, and 3818.00.0091: 7 kilograms
- HTSUS 8541.42.00: 2,000 units
- HTSUS 8541.43.00: 55 units
The consequences for exceeding these limits are significant. Any IOR that Commerce determines is importing volumes substantially greater than its historic averages, or any new IOR that exceeds the import limits discussed above, will be prohibited from making further entries of polysilicon products prior to December 4, 2026. IORs that are prohibited or restricted from importing polysilicon products may apply to Commerce for a waiver, which, if granted, would allow them to continue exporting polysilicon products prior to December 4, 2026.
Wiley’s International Trade Practice will continue to monitor developments related to the Administration’s Section 232 tariffs, including future guidance, implementation issues, and potential compliance considerations. We are available to assist companies in evaluating how these measures may affect their operations, supply chains, and tariff obligations. For questions, please contact one of the attorneys listed on this alert.
