24.09.2026 Regulation #USA #Import #Duties #Quotas
Commerce curbs polysilicon import stockpiling in US through Dec 3
The U.S. Department of Commerce's Bureau of Industry and Security (BIS) published a temporary rule on September 24, 2026 titled "Measures To Restrict Stockpiling of Polysilicon and Polysilicon Derivatives Under Proclamation 11052" (FR 2026-19537). The rule is effective from September 22 through December 3, 2026, covering the window before the tariffs and minimum import prices under Proclamation 11052 take effect on December 4, 2026. Its aim is to keep importers from building up inventories of polysilicon and its derivatives before that date.
How Commerce tracks import volumes
For existing importers, Commerce compares current shipments against several historical baselines set out in the rule:
- aggregate volume imported since August 6, 2026;
- weekly average volume imported since August 6, 2026;
- weekly average volume imported between January 1 and August 6, 2026;
- weekly average volume imported in 2025.
Commerce also looks at the use of affiliates that do not customarily import polysilicon products and of new importers of record (IORs). Where an IOR's volumes are substantially greater than its historic averages, Commerce gives U.S. Customs and Border Protection (CBP) written notice. CBP informs the importer and its customs brokers of the decision, and the importer is then prohibited from making further entries of polysilicon products into the United States before December 4, 2026.
Weekly caps for new importers
For companies that registered with CBP as importers of record on or after August 6, 2026, the rule sets weekly quantity limits:
- 2804.61.00 (heading 2804) — 12 kg per week;
- 3818.00.00, statistical suffixes 0020, 0040, 0045, 0050, 0091 (heading 3818) — 7 kg per week;
- 8541.42.00 (heading 8541) — 2,000 units per week;
- 8541.43.00 — 55 units per week.
New importers that exceed these volumes without Commerce approval will likewise be prohibited from making further entries.
Waivers and exposure for brokers
The rule reaches anyone importing polysilicon and its derivatives under the listed codes: existing importers, whose volumes are checked against the historical baselines, and new entrants, who face hard weekly ceilings. BIS is accepting applications for import prohibition waivers in a window running from September 22 through December 3, 2026; Commerce states that it intends to respond within 14 days of receipt.
Customs brokers face a distinct exposure: the rule states that enforcement may include proceedings to revoke or suspend a broker's license under 19 CFR 111.53 or penalties under 19 U.S.C. 1641. The rule was issued without a public comment period — Commerce cited the exemption under 5 U.S.C. 553(a)(1), stating that the regulation "involves a military or foreign affairs function."
Primary sources
- Measures To Restrict Stockpiling of Polysilicon and Polysilicon Derivatives Under Proclamation 11052 (Federal Register 2026-19537, govinfo)
- Federal Register: Measures To Restrict Stockpiling of Polysilicon and Polysilicon Derivatives Under Proclamation 11052
Mentioned codes
This material is for information only and does not constitute legal advice or customs consulting. Verify changes against the primary sources before acting.