Adjusting Imports of Polysilicon and Its Derivatives Into the United States

This proclamation, issued under section 232 of the Trade Expansion Act of 1962, establishes a minimum import price program for polysilicon and its derivatives ($21 per kilogram for polysilicon, $100 per kilogram for ingots and wafers, $0.22 per watt for solar cells, and $0.38 per watt for solar modules) and imposes an additional 15 percent ad valorem duty on polysilicon derivatives, both effective December 4, 2026, with reduced rates for certain trading partners including the United Kingdom, the European Union, Japan, and Korea. It authorizes the Secretary of Commerce to adjust the minimum import prices, alter their applicability for trading partners adopting substantially equivalent measures, and establish an onshoring incentive program allowing companies with approved plans to build U.S. production facilities to import production equipment and covered products duty-free during construction. U.S. Customs and Border Protection is directed to enforce importer certifications, with noncompliant importers permanently barred from importing these products.

Importers of polysilicon ingots and polysilicon derivatives to Pay the additional 15 percent ad valorem duty (10 percent for products of the United Kingdom; capped combined rate of 15 percent for products of Japan, Korea, Taiwan, Switzerland, Liechtenstein, and EU member nations) on imports of polysilicon ingots and polysilicon derivatives specified in Annexes I and II (Effective 12:01 a.m. eastern time on December 4, 2026). Importers of polysilicon and polysilicon derivatives to Submit documentation at entry establishing or certifying that any first arm's-length sale of the imported merchandise in the United States will occur at or above the applicable minimum import price, or that the sale is pursuant to fixed contract terms predating the proclamation; otherwise pay a specific tariff equal to the applicable minimum import price (or the difference between entered value and the MIP if entered value is below the MIP) (At entry, for goods entered for consumption or withdrawn from warehouse for consumption on or after 12:01 a.m. eastern time on December 4, 2026). Companies submitting onshoring plans to Include in any onshoring plan submitted to the Department of Commerce a commitment to build, refurbish, or expand a U.S. facility producing raw polysilicon, ingots, wafers, or cells, with construction to start by January 20, 2029 (Construction must start by January 20, 2029). Companies with approved onshoring plans to Submit compliance reports to the Department of Commerce on domestic manufacturing commitments, audited by external auditing firms if required by the Secretary of Commerce (unclear).

No known legal challenges.