US BIS temporary final rule restricting polysilicon stockpiling ahead of Proclamation 11052 Section 232 tariffs and minimum import prices

What the rule does

Proclamation 11052 ("Adjusting Imports of Polysilicon and Its Derivatives Into the United States", 6 August 2026) imposes Section 232 minimum import prices (MIP) and tariffs on polysilicon and derivatives ("Polysilicon Products") effective 4 December 2026, and directs the Secretary of Commerce to restrict imports by any company found to be stockpiling ahead of that date. This BIS temporary final rule (docket 260915-0004) is that mechanism. It runs 22 September to 3 December 2026.

• Existing importers of record (IORs): Commerce makes a fact-specific determination of whether an IOR imports volumes

substantially greater than its historic averages, weighing volume since 6 August 2026, weekly averages since 6 August 2026, 1 January–6 August 2026 and calendar 2025, and the use of affiliates or new IORs that do not customarily import. A flagged IOR is barred from further entries before 4 December 2026 (CBP notifies the IOR and its customs brokers).

• New IORs (registered with CBP on or after 6 August 2026): weekly caps per HTSUS subheading — 2804.61.00: 12 kg;

3818.00.0020/.0040/.0045/.0050/.0091: 7 kg; 8541.42.00: 2,000 units; 8541.43.00: 55 units. The caps are set from historic import data and Commerce may adjust them.

• Circumvention: Commerce and CBP will act against importers and customs brokers that create or use multiple IORs to evade the

caps; brokers face licence and penalty exposure under 19 CFR 111.53 and 19 U.S.C. 1641.

• Waivers: affected IORs may apply to Commerce for a waiver (applications via www.bis.gov/232).

Severity basis

Severity 3, mixed. The quantified anchors are the weekly volume caps above and the 4 December 2026 cut-over to the Proclamation 11052 MIP/tariff regime that the rule protects. It is a time-limited (about 10 weeks) implementing rule, not the tariff itself, and it binds only stockpiling-pattern importers and post-6 August entrants — hence below the underlying proclamation's weight. The MIP levels and 15% derivative tariff described in secondary law-firm coverage belong to the Proclamation, which is not yet a separate row in this register (register-state: none tracked).