The U.S. Department of Commerce has established new restrictions designed to prevent companies from stockpiling polysilicon and specified polysilicon derivatives before the Section 232 tariffs and minimum import prices established by Proclamation 11052 take effect on December 4, 2026. Alba covered the underlying proclamation in our August 7 article.
Under a temporary final rule that took effect September 22 and was published in the Federal Register on September 24, Commerce can direct U.S. Customs and Border Protection (CBP) to prohibit an importer of record from making additional consumption entries of covered products through December 3.
The restrictions apply differently to established importers and to importer numbers created on or after August 6. The rule also creates new due-diligence expectations for customs brokers handling covered entries.
Commerce Will Compare Current and Historical Import Volumes
Commerce is monitoring existing importers to determine whether they are bringing in polysilicon products in volumes substantially greater than their historical averages.
The agency will conduct a fact-specific review that may consider, among other factors:
- Aggregate import volume since August 6, 2026
- Average weekly import volume since August 6
- Average weekly import volume from January 1 through August 6
- Average weekly import volume during 2025
- Use of affiliates that do not customarily import covered products
- Use of newly established importer numbers
If Commerce determines that an importer is stockpiling covered merchandise, it will notify CBP. CBP will then notify the importer and any customs brokers conducting business on its behalf.
The importer will be prohibited from making further consumption entries of covered polysilicon products before December 4 unless Commerce grants a waiver.
According to CBP guidance, affected merchandise may be moved to a bonded warehouse, but it cannot be entered for consumption during the restriction period.
New Importer Numbers Face Weekly Quantity Limits
Importer numbers registered with CBP on or after August 6 are subject to specific weekly limits unless Commerce approves a higher quantity.
The current limits are:
- 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
Commerce based these limits on historical import data and may adjust them if it determines an adjustment is needed to address stockpiling.
A new importer that exceeds the applicable weekly limit without prior approval will be prohibited from making additional consumption entries of covered products through December 3.
Companies should not attempt to avoid these limits by dividing shipments among multiple new or affiliated importer numbers. The rule states that Commerce and CBP will coordinate action against importers and customs brokers that establish, use, or facilitate multiple importer numbers or other arrangements designed to circumvent the program.
Customs Brokers Have an Affirmative Compliance Obligation
The temporary rule specifically addresses the responsibilities of customs brokers that enter covered polysilicon products or act as the importer of record between September 22 and December 4.
When handling an entry for a newly established importer, brokers should consider, at a minimum:
- Whether the importer number was established on or after August 6
- Whether the importer has made other covered entries during the same week
- The precise quantity imported during the current week
- The importer’s direct and indirect beneficial owners
- Whether those owners established other new importer numbers, and whether those numbers have met or exceeded the weekly limits
- The ultimate consignee and delivery user
- Whether the goods will be transferred to, or used for the benefit of, an importer already subject to a prohibition
A broker that facilitates an attempt to evade the restrictions could face CBP enforcement. The temporary rule states that possible consequences include broker penalties under 19 U.S.C. 1641 and proceedings to suspend or revoke the broker’s license under 19 CFR 111.53. The rule also reminds brokers that they may not file, or assist in filing, documents they know to be false, or provide information they know or should know is false or misleading.
This language makes polysilicon entries a heightened onboarding and transaction-review concern. Brokers may need information about ownership, related entities, prior imports, consignees, and end users that is not ordinarily available on a commercial invoice.
Importers Can Apply for a Waiver
An importer subject to a prohibition may apply to Commerce for a waiver. New importers seeking to exceed the weekly quantity limits may also apply.
The waiver window runs from September 22 through December 3, 2026. Requests must be submitted electronically, in PDF format, to Polysilicon232@bis.doc.gov using the application available at bis.gov/232. Commerce intends to respond to applications within 14 days of receipt.
The application must generally include:
- Ownership structure and beneficial ownership information
- A precise description of the covered products
- Applicable eight- or ten-digit HTSUS classifications
- Average weekly import volumes during 2025
- Average weekly import volumes from January 1 through August 6, 2026
- Average weekly and aggregate imports since August 6
- Information about the products the company manufactures and where that manufacturing takes place
- The intended use of the imported products, including whether they support U.S. manufacturing or will be transferred to third parties
- Anticipated import quantities before December 4
- Any use of affiliates or newly established importer numbers
- An explanation of the commercial reasons for the import volume
- A commitment not to stockpile covered merchandise
New importers must also explain why they established a new importer number, whether they had U.S. customers or business relationships for these products before August 6, and which foreign manufacturers they intend to source from.
Applications are limited to 30 pages, including attachments, and must be signed by a senior company official certifying their accuracy. Confidential submissions must be accompanied by a nonconfidential public version. If an application is incomplete, Commerce may, at its discretion, allow 48 hours to resubmit.
What Importers and Brokers Should Do Now
Companies involved with covered polysilicon products should:
- Confirm whether the merchandise falls under one of the identified HTSUS provisions.
- Compare weekly and aggregate import quantities with 2025 and pre-August 6 activity.
- Identify all importer numbers, affiliates, consignees, and beneficial owners involved in the transactions.
- Establish a process for monitoring weekly quantities before filing entries.
- Review shipments currently moving to the United States.
- Prepare documentation explaining any legitimate commercial reason for increased import volume.
- Evaluate whether a waiver application is necessary.
- Maintain records supporting the importer’s calculations and representations.
- Ensure the broker receives complete ownership, shipment, and end-use information.
The new restrictions operate independently from ordinary classification and valuation requirements. An entry can be correctly classified and accurately valued yet still be blocked because of the importer’s volume history or use of related importer numbers.
For additional information, review Commerce’s temporary final rule and CBP’s implementation guidance.
Contact the Alba team for assistance reviewing covered classifications, evaluating import activity, coordinating broker requirements, or preparing for a potential Commerce restriction.
Subscribe to the ASK Alba™ Trade Brief for timely updates on tariffs, import restrictions, customs enforcement, and other developments affecting U.S. importers.
References
- Bureau of Industry and Security, “Measures To Restrict Stockpiling of Polysilicon and Polysilicon Derivatives Under Proclamation 11052,” temporary final rule, 91 FR 60505 (Sept. 24, 2026), FR Doc. 2026-19537, RIN 0694-AK57.
- U.S. Customs and Border Protection, CSMS # 69994928, “GUIDANCE: Import Ban of Certain Polysilicon Products Under Proclamation 11052” (Sept. 22, 2026).
- Proclamation 11052, “Adjusting Imports of Polysilicon and Its Derivatives Into the United States,” 91 FR 51975 (signed Aug. 6, 2026).
- Bureau of Industry and Security, Section 232 waiver application.
- 19 CFR 111.32 and 19 CFR 111.53 (customs broker conduct; license suspension and revocation).
- Alba, “White House to Impose 15% Tariff on Polysilicon and Derivative Imports, Effective Dec. 4” (Aug. 7, 2026).
