Rule2026-19537
Measures To Restrict Stockpiling of Polysilicon and Polysilicon Derivatives Under Proclamation 11052
Primary source
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Published
September 24, 2026
Effective
September 22, 2026
Issuing agencies
Commerce DepartmentIndustry and Security Bureau
Abstract
On August 6, 2026, the President issued Proclamation 11052, "Adjusting Imports of Polysilicon and Its Derivatives Into the United States" (Proclamation 11052), ordering the Secretary of Commerce (Secretary) to take action to restrict imports by a company if he determines the company is stockpiling polysilicon or polysilicon derivatives (Polysilicon Products) in advance of import adjustments that will be effective on December 4, 2026. The Bureau of Industry and Security (BIS), in this temporary final rule (TFR), announces the criteria and process it will use to monitor existing companies for evidence of stockpiling, limit a newly established importer's ability to stockpile, and subject companies that are stockpiling to an import prohibition if necessary. This TFR also establishes the process for such companies to obtain a waiver from any import prohibitions imposed pursuant to this rule, and imposes certain import limitations on new importers that register with U.S. Customs and Border Protection (CBP) on or after August 6, 2026.
Full Text
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<title>Federal Register, Volume 91 Issue 184 (Thursday, September 24, 2026)</title>
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[Federal Register Volume 91, Number 184 (Thursday, September 24, 2026)]
[Rules and Regulations]
[Pages 60505-60510]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-19537]
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Rules and Regulations
Federal Register
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Federal Register / Vol. 91, No. 184 / Thursday, September 24, 2026 /
Rules and Regulations
[[Page 60505]]
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 705
[Docket No. 260915-0004]
RIN 0694-AK57
Measures To Restrict Stockpiling of Polysilicon and Polysilicon
Derivatives Under Proclamation 11052
AGENCY: Bureau of Industry and Security, Office of Strategic Industries
and Economic Security, U.S. Department of Commerce.
ACTION: Temporary final rule.
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SUMMARY: On August 6, 2026, the President issued Proclamation 11052,
``Adjusting Imports of Polysilicon and Its Derivatives Into the United
States'' (Proclamation 11052), ordering the Secretary of Commerce
(Secretary) to take action to restrict imports by a company if he
determines the company is stockpiling polysilicon or polysilicon
derivatives (Polysilicon Products) in advance of import adjustments
that will be effective on December 4, 2026. The Bureau of Industry and
Security (BIS), in this temporary final rule (TFR), announces the
criteria and process it will use to monitor existing companies for
evidence of stockpiling, limit a newly established importer's ability
to stockpile, and subject companies that are stockpiling to an import
prohibition if necessary. This TFR also establishes the process for
such companies to obtain a waiver from any import prohibitions imposed
pursuant to this rule, and imposes certain import limitations on new
importers that register with U.S. Customs and Border Protection (CBP)
on or after August 6, 2026.
DATES: This rule is effective September 22, 2026, through December 3,
2026.
ADDRESSES: Applications for import prohibition waivers must be
submitted electronically to: <a href="/cdn-cgi/l/email-protection#51013e3d2822383d38323e3f636263113338227f353e327f363e27"><span class="__cf_email__" data-cfemail="4e1e2122373d2722272d21207c7d7c0e2c273d602a212d60292138">[email protected]</span></a>. Applications
can be found at <a href="http://www.bis.gov/232">www.bis.gov/232</a>.
FOR FURTHER INFORMATION CONTACT: Stephen Astle, Director, Defense
Industrial Base Division, Office of Strategic Industries and Economic
Security, Bureau of Industry and Security, U.S. Department of Commerce
(202) 482-4506, <a href="/cdn-cgi/l/email-protection#edbd8281949e8481848e8283dfdedfad8f849ec389828ec38a829b"><span class="__cf_email__" data-cfemail="d080bfbca9a3b9bcb9b3bfbee2e3e290b2b9a3feb4bfb3feb7bfa6">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background
On August 6, 2026, the President issued Proclamation 11052 (91 FR
51975), ``Adjusting Imports of Polysilicon and Its Derivatives Into the
United States,'' finding that imports of polysilicon and polysilicon
derivatives threatened to impair the national security of the United
States. Based on that finding, the President imposed minimum import
prices (MIP) and tariffs on imports of Polysilicon Products pursuant to
Section 232 of the Trade Expansion Act of 1962, as amended, 19 U.S.C.
1862 (Section 232). These import adjustments take effect on December 4,
2026.
In Proclamation 11052, pursuant to Section 232, which authorizes
the President to adjust imports of an article and its derivatives such
that the imported articles will not threaten to impair the national
security, the President authorized the Secretary to take action, in
coordination with CBP, to restrict imports of Polysilicon Products from
companies that are stockpiling those products in advance of December 4,
2026. Consistent with Proclamation 11052, this TFR establishes
restrictions on all existing importers of record (IOR) importing
Polysilicon Products prior to December 4, 2026. It also provides
criteria specifically applicable to new IORs, registered after the
signing date of Proclamation 11052, August 6, 2026, to be eligible to
import Polysilicon Products prior to December 4, 2026 (including the
application process, documentation and certification requirements).
II. Monitoring of Existing Importers of Record
The Department of Commerce (Commerce) is monitoring imports of
Polysilicon Products to identify IORs that are stockpiling in advance
of December 4, 2026. Commerce will provide CBP written notice of IORs
that are importing Polysilicon Products in volumes substantially
greater than their historic averages. CBP will notify the IOR of
Commerce's decision as well as any customs brokers conducting business
on behalf of the IOR. These IORs will be prohibited from making further
entries of Polysilicon Products into the United States prior to
December 4, 2026. However, IORs subject to this restriction may apply
to Commerce to waive this restriction, according to the conditions laid
out in Section IV of this preamble. In determining whether an IOR is
importing Polysilicon Products in volumes substantially greater than
its historic averages, Commerce will make a fact-specific determination
based on factors, including--but not limited to:
<bullet> The aggregate volume of Polysilicon Products the importer
has imported since Proclamation 11052 was issued on August 6, 2026;
<bullet> The weekly average volume of Polysilicon Products the
importer is importing since August 6, 2026;
<bullet> The weekly average volume of Polysilicon Products the
importer imported between January 1, 2026 and August 6, 2026;
<bullet> The weekly average volume of Polysilicon Products the
importer imported in 2025; and
<bullet> The use of affiliates that do not customarily import
Polysilicon Products, or the use of new IORs to import Polysilicon
Products.
III. Prohibition of Polysilicon Imports by Newly Established Importers
of Record
Absent approval from Commerce according to the process detailed in
Section IV of this preamble, new IORs that registered with CBP on or
after August 6, 2026, are prohibited from importing Polysilicon
Products prior to December 4, 2026, in weekly volumes greater than the
following quantities for each of the following Harmonized Tariff
Schedule of the United States (HTSUS) Subheadings:
<bullet> HTSUS 2804.61.00: 12 kg
<bullet> HTSUS 3818.00.0020, 3818.00.0040, 3818.00.0045, 3818.00.0050,
and 3818.00.0091: 7 kg
<bullet> HTSUS 8541.42.00: 2,000 No.
<bullet> HTSUS 8541.43.00: 55 No.
These quantities are based on historic import data and are designed
to ensure that new IORs can import Polysilicon
[[Page 60506]]
Products at or below the typical volumes brought in by existing
importers of those products. Commerce may adjust these volumes in the
future if it determines such an adjustment is necessary to address
stockpiling. Commerce and CBP shall coordinate to take action against
importers and customs brokers that establish, use, or facilitate
multiple importers of record or other arrangements for the purpose of
circumventing the requirements of this program.
New IORs that import Polysilicon Products in weekly volumes that
exceed these quantities, absent approval from Commerce, will be
prohibited from making further entries of Polysilicon Products into the
United States prior to December 4, 2026. Commerce will provide CBP
written notice of new IORs that exceed these quantities. CBP will
notify the new IOR of Commerce's decision as well as any customs
brokers conducting business on behalf of the IOR. Customs brokers that
enter Polysilicon Products and/or act as the importer of record between
September 22, 2026, and December 4, 2026, are reminded of their
affirmative obligation to avoid facilitating violations of this Section
III. In determining whether a new IOR may be attempting to use a
customs broker's services to violate supplement no.1 to part 705, a
customs broker should at least consider the following factors:
<bullet> Status: Whether an IOR is a new IOR that was established
on or after August 6, 2026.
<bullet> Import Behavior: For new IORs, whether the new IOR has
made other entries of Polysilicon Products during the current week and,
if so, the precise volume of Polysilicon Products that the new IOR has
entered.
<bullet> Ownership: For new IORs, the direct and indirect
beneficial owners of the new IOR, whether such owners have created
other new IORs to import Polysilicon Products, and whether those other
new IORs have met or exceeded the quantities provided for in supplement
no. 1 to part 705 (also specified in Section III of this preamble).
<bullet> Disposition of the Merchandise: For new IORs, the ultimate
consignee and delivery user, and whether the goods will be transferred
to or used for the benefit of an IOR subject to a prohibition under
supplement no. 1 to part 705.
Actions by customs brokers to evade the prohibition on stockpiling
Polysilicon Products may result in CBP enforcement actions. These
enforcement actions could potentially include but are not limited to:
proceedings to revoke or suspend the customs broker's license under 19
CFR 111.53 or issuance of a broker penalty or penalties under 19 U.S.C.
1641. As per 19 CFR 111.32, a customs broker must not file or procure
or assist in the filing of any claim, or of any document, affidavit, or
other papers, known by such customs broker to be false. Additionally,
customs brokers are further reminded that they must not give, solicit,
or procure the giving of information that the customs broker knows or
should know to be false or misleading in any matter pending before the
Department of Homeland Security (DHS) or any DHS representative.
IV. Application Process
Companies that are prohibited or restricted from importing
Polysilicon Products into the United States prior to December 4, 2026,
may apply to Commerce for a waiver. For existing IORs subject to a
prohibition, waivers will allow the company to resume importing
Polysilicon Products; for new IORs subject to a quantitative import
restriction, waivers will allow the company to import Polysilicon
Products in quantities subject to the stockpiling restrictions
applicable to existing IORs under paragraphs (a) through (d) in
supplement no. 1 to part 705. Applications can be found at <a href="http://www.bis.gov/232">www.bis.gov/232</a>. Applicants must submit the application and associated
documentation to <a href="/cdn-cgi/l/email-protection#9bcbf4f7e2e8f2f7f2f8f4f5a9a8a9dbf9f2e8b5fff4f8b5fcf4ed"><span class="__cf_email__" data-cfemail="9dcdf2f1e4eef4f1f4fef2f3afaeafddfff4eeb3f9f2feb3faf2eb">[email protected]</span></a>. The complete application
should include the following information, with reference, as
appropriate, to the relevant application section:
1. Section 1--Organization Information: Full legal name, address,
ownership structure and beneficial ownership, including the country
where the company's (or companies') headquarters is located. The name,
title, and contact information of the authorized representative(s)
submitting the application should also be included. The company (or
companies) should also provide information about the products it
manufactures and where such manufacturing takes place.
2. Section 2--Projected Type, Volume, and Use of Imports:
Explanation detailing how the company intends to use the imported
Polysilicon Product(s) including whether the imports support the
company's own manufacturing, and if so how; or whether the company
plans to transfer the imported merchandise to third parties, and an
estimate of the anticipated volume of imports the company intends to
enter into the United States prior to December 4, 2026, if a waiver is
granted.
3. Section 3--Legitimate Business Purpose: An explanation of the
business considerations associated with the company's Polysilicon
Product import volumes.
For IORs subject to a prohibition imposed pursuant to supplement
no. 1 to part 705, companies should explain why the volume of imports
they were entering into the United States from August 6, 2026, until
the effective date of the prohibition were grounded in legitimate
commercial considerations unrelated to the implementation of
Proclamation 11052.
For new IORs seeking a waiver, companies should detail why they
have established themselves as a new IOR, whether they have pre-
existing customers or business relationships in the United States for
Polysilicon Products that predate the August 6, 2026, signature date of
Proclamation 11052, the foreign manufacturers whose Polysilicon
Products they seek to enter into the United States, and any other
factor the company deems relevant.
4. Section 4--Certification: Company applications should be signed
by a senior official in the company. Applications shall include a
certification, such as a sworn statement, from a senior officer of the
company confirming that the submission is true, accurate, and complete
to the best of the company's knowledge, under penalty of perjury, and
confirming that the company has conducted reasonable diligence to
verify the accuracy of the assertions and facts contained in its
submissions.
5. Section 5--Representations and Acknowledgments to Be Included in
the Application: A commitment to not stockpile Polysilicon Products
prior to December 4, 2026.
6. Section 6--Additional Information: Any other information the
applicant believes is necessary to facilitate Commerce's decision-
making. If companies believe that any of the identified requirements
are not appropriate for their particular situation, they should provide
a detailed explanation of why the requirements detailed in supplement
no.1 to part 705 (d) are inappropriate or inapplicable to their
particular situation.
A. Review and Approval Process
Commerce may request supplemental documentation in addition to the
information listed in paragraph (d) to supplement no. 1 to part 705
(and also detailed in section IV of this preamble), or clarification of
any documentation submitted. Commerce will make an individual, fact-
specific, company-specific decision for each applicant.
[[Page 60507]]
Commerce may respond to individual applications with questions,
revisions, conditional approval pending an applicant's acceptance of
proposed modifications to the proposal, or approval of the proposal as
submitted. Approved applicants will be notified in writing of
Commerce's decision. Commerce intends to respond to applications within
14 days of the date of receipt. Relevant information from the
application may be transmitted by Commerce to CBP. CBP will administer
the import adjustment prospectively after receiving a notice of
approval from Commerce.
B. Confidentiality
Commerce will protect the confidentiality of all information
submitted by companies pursuing a waiver.
V. Regulatory Changes
This TFR makes the following revisions to supplement no. 1 to part
705:
<bullet> The supplement title is revised to read Requirements for
Applications Requesting a Waiver to the Import Prohibition for
Polysilicon and Polysilicon Derivatives;
<bullet> An introductory paragraph is created explaining the
background of the prohibition on the importation of Polysilicon
Products into the United States and the establishment of an application
waiver to the prohibition;
<bullet> Paragraph (a) explains the scope of the application waiver
process;
<bullet> Paragraph (b) provides information on who may submit an
application;
<bullet> Paragraph (c) provides the timeframe for submitting
applications;
<bullet> Paragraph (d) provides the information on where to submit
an application, the general requirements for submitting an application,
and the information required in the application;
<bullet> Paragraph (e) provides the information on the review
process of received applications, the process for correcting invalid
applications, and the process for Commerce to request additional
information for an application;
<bullet> Paragraph (f) details the procedures Commerce takes with
determinations made regarding applications.
<bullet> Paragraph (g) details the obligations for customs brokers
that enter Polysilicon Products into the United States;
<bullet> Paragraph (h) details the exception to the import
prohibition for new IORs importing certain Polysilicon Products of
permitted quantities; and
<bullet> Table 1 details the specific Polysilicon Product HTSUS
codes and weekly quantities permitted under paragraph (h).
Additionally, Consistent with Proclamation 11021 of April 2, 2026,
``Strengthening Actions Taken to Adjust Imports of Aluminum, Steel, and
Copper into the United States'' (Proclamation 11021) (91 FR 18201),
this TFR also removes the aluminum and steel inclusions process. Prior
to this TFR, supplement no. 1 to part 705 established the regulatory
framework for the inclusions process for aluminum and steel duties
implemented by the President. Proclamation 11021 terminated the
aluminum, steel, and copper derivatives inclusions process established
in Proclamations 10895 and 10896 on February 10, 2025, and Proclamation
10962 on July 30, 2025.
VI. Rulemaking Requirements
1. Executive Orders 13563 and 12866 direct agencies to assess all
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13563 emphasizes the importance of
quantifying both costs and benefits, of reducing costs, of harmonizing
rules, and of promoting flexibility. This temporary final rule has been
determined to be a ``significant regulatory action'' under section 3(f)
of Executive Order 12866, although not economically significant under
section 3(f)(1). This temporary final rule is exempt from E.O. 14192
because it is being issued with respect to a national security function
of the United States, per section 5(a) of E.O. 14192.
2. This rule does not contain policies with Federalism implications
as that term is defined in Executive Order 13132.
3. The provisions of the Administrative Procedure Act (5 U.S.C.
553) requiring notice of proposed rulemaking, the opportunity for
public comment, and a delay in effective date are inapplicable because
this regulation involves a military or foreign affairs function of the
United States. (See 5 U.S.C. 553(a)(1)). As explained in the report
submitted by the Secretary to the President, Polysilicon Products are
essential to the national security and economy of the United States.
Polysilicon is the base material for semiconductors, which enable all
digital products and services and provide the technical foundation for
the functioning of the defense industrial base, necessary to the
function of the United States military. For example, semiconductors are
critical inputs for U.S. defense systems, such as radar and
communication systems, electronic warfare and cybersecurity systems,
and guidance and control systems for missiles and drones. Polysilicon
is also essential for the production of solar products, which are used
to support various U.S. defense programs. The President found that
Polysilicon Products are being imported into the United States in such
quantities or under such circumstances as to threaten to impair the
national security of the United States, and is therefore implementing
actions, including MIPs and a tariff regime, to protect U.S. national
security. The President directed the Secretary to monitor imports of
Polysilicon Products and to restrict imports by any company and its
affiliates if the Secretary determines that a company is stockpiling
Polysilicon Products before the actions implemented in Proclamation
11052 take effect on December 4, 2026.
Commerce also finds that there is good cause under 5 U.S.C.
553(b)(B) to waive the provisions of the Administrative Procedure Act
requiring prior notice and the opportunity for public comment, and that
there is good cause under 5 U.S.C. 553(d)(3) to waive the delay in
effective date, because such delays would be impracticable or contrary
to the public interest. Commerce is aware of trade data from the week
after publication of Proclamation 11052 showing dramatic increases in
polysilicon imports from some IORs compared to their historic weekly
average import volumes. This information suggests that importers are
already stockpiling polysilicon and polysilicon derivatives and that
time is of the essence in addressing this issue. Providing time for
notice and comment or a 30-day delay before this rule takes effect
would allow importers to continue stockpiling Polysilicon Products,
which undermines the actions taken in Proclamation 11052 to adjust
imports of such products to rebuild the capacity of domestic industry
to produce Polysilicon Products and address the national security
threat.
In addition, to fulfill the direction to the Secretary in
Proclamation 11052 to restrict imports by any company and its
affiliates that stockpile Polysilicon Products before December 4, 2026,
the Secretary must expeditiously establish criteria to determine when
importers are stockpiling Polysilicon Products and implement a process
to restrict such imports. The MIPs and tariff regime implemented in
Proclamation 11052 take effect on December 4, 2026--in approximately
three months--and the President directed the Secretary to restrict
stockpiling of Polysilicon Products in the interim. Allowing time
[[Page 60508]]
for notice and consideration of public comments on this rule would
significantly reduce the period during which this rule would be in
effect. Given that this rule is only temporarily effective, providing
for public comments would impair the Secretary's ability to identify
and minimize stockpiling during these three months, allowing
stockpiling in the interim that worsens the national security threat
posed by the imports of polysilicon and polysilicon derivatives
identified by the President. A 30-day delay in effective date would
similarly undermine the effectiveness of Proclamation 11052 and the
purpose of this rule because every additional day provides time for
importers to stockpile products that will be subject to the upcoming
MIPs and tariff regime.
The measures described in this rule are being issued on a temporary
basis. This temporary final rule will be in effect through December 3,
2026.
4. Because a notice of proposed rulemaking and an opportunity for
public comment are not required for this rule by 5 U.S.C. 553, or by
any other law, the analytical requirements of the Regulatory
Flexibility Act, 5 U.S.C. 601, et seq., are not applicable.
Accordingly, no regulatory flexibility analysis is required and none
has been prepared.
5. The Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.)
provides that an agency generally cannot conduct or sponsor a
collection of information, and no person is required to respond to nor
be subject to a penalty for failure to comply with a collection of
information, unless that collection has obtained Office of Management
and Budget (OMB) approval and displays a currently valid OMB Control
Number.
On August 6, 2026, the President issued Proclamation 11052 of
August 6, 2026, ``Adjusting Imports of Polysilicon and Its Derivatives
Into the United States,'' finding that imports of polysilicon and
polysilicon derivatives threatened to impair the national security of
the United States. In Proclamation 11052, the President authorized the
Secretary to take action, in coordination with CBP, to restrict imports
of Polysilicon Products from companies that are stockpiling those
products in advance of December 4, 2026. Consistent with Proclamation
11052, this TFR establishes restrictions on all existing IORs importing
Polysilicon Products prior to December 4, 2026, as well as provides
criteria for new IORs to be eligible to import Polysilicon Products
prior to December 4, 2026 (including the application process,
documentation, and certification requirements). Because the
Proclamation requires timely implementation of the import prohibition
waivers, BIS cannot reasonably comply with the normal clearance
procedures and thus is invoking the ``Emergency Processing'' procedures
at 5 CFR 1320.13. Delaying this collection would impede the ability of
companies to enter into import prohibition waivers and compromise the
effectiveness of the Proclamation's implementation. Commerce has
determined the following conditions have been met:
a. The collection of information is needed prior to the expiration
of time periods normally associated with a routine submission for
review under the provisions of the Paperwork Reduction Act in view of
Proclamation 11052, <a href="https://www.federalregister.gov/documents/2026/08/11/2026-16400/adjusting-imports-of-polysilicon-and-its-derivatives-into-the-united-states">https://www.federalregister.gov/documents/2026/08/11/2026-16400/adjusting-imports-of-polysilicon-and-its-derivatives-into-the-united-states</a>.
b. The collection of information is essential to the mission of
Commerce, in particular to allow companies seeking to obtain import
prohibition waivers by submitting applications for import prohibition
waivers, to effectuate the terms outlined by Proclamation 11052. These
collection requirements include detailed volumes of Polysilicon
Products imported (e.g., aggregate volume since Proclamation 11052 was
issued, weekly average volume, weekly average volume between January 1,
2026, and August 6, 2026, weekly average volume imported in 2025, or
estimated imports prior to December 4, 2026), organizational
information, the intended use of the imported Polysilicon Products,
certifications and attestations, and any additional information
required to substantiate the application for the import prohibition
waiver. The import prohibition waivers, as described in this TFR, must
be submitted in electronic form via email to the BIS Section 232 import
prohibition waiver inbox (<a href="/cdn-cgi/l/email-protection#40102f2c3933292c29232f2e727372002229336e242f236e272f36"><span class="__cf_email__" data-cfemail="58083734212b3134313b37366a6b6a183a312b763c373b763f372e">[email protected]</span></a>). Applications can
be found at <a href="http://www.bis.gov/232">www.bis.gov/232</a>. Applications for an import prohibition
waiver may be submitted after September 22, 2026, and all submissions
are entirely voluntary on the part of the requesting companies.
c. Public harm is reasonably likely to result if BIS were to follow
the normal clearance procedures before issuing this information
collection. This information collection allows companies to apply for
an import prohibition waiver to increase domestic manufacturing of
Polysilicon Products, which will increase the stability of the
industry. A delay in Commerce's ability to begin immediate information
collection from companies seeking an import prohibition waiver could
lead to companies delaying decisions to increase domestic manufacturing
of Polysilicon Products, which would further import dependence that the
Presidential Proclamation is seeking to reduce. Additionally, a delay
would impede the publication of this temporary final rule notifying
IORs of the prohibition from making further entries of Polysilicon
Products into the United States prior to December 4, 2026, which would
allow IORs to stockpile Polysilicon Products contrary to the national
security objectives set by the President.
For the reasons stated above, BIS has requested, and OMB has
granted, a new information collection for this rule under OMB control
number 0694-0149 with the title Process to Waive the Import Prohibition
Measures to Restrict Stockpiling of Polysilicon and Polysilicon
Derivative. All materials for the currently approved collection can be
accessed at <a href="http://www.reginfo.gov">www.reginfo.gov</a>.
List of Subjects in 15 CFR Part 705
Administrative practice and procedure, Business and industry,
Classified information, Confidential business information, Imports,
Investigations, National defense.
For the reasons stated in the preamble, BIS amends 15 CFR part 705
as follows:
PART 705--EFFECT OF IMPORTED ARTICLES ON THE NATIONAL SECURITY
0
1. The authority citation continues to read as follows:
Authority: Section 232 of the Trade Expansion Act of 1962, as
amended (19 U.S.C. 1862) and Reorg. Plan No. 3 of 1979 (44 FR 69273,
December 3, 1979).
0
2. Supplement no. 1 to part 705 is revised to read as follows:
Supplement No. 1 to Part 705--Requirements for Applications Requesting
a Waiver to the Import Prohibition for Polysilicon and Polysilicon
Derivatives
On August 6, 2026, the President issued Proclamation 11052,
``Adjusting Imports of Polysilicon and Its Derivatives Into the
United States,'' finding that imports of polysilicon and polysilicon
derivatives (Polysilicon Products) threatened to impair the national
security of the United States. In Proclamation 11052, pursuant to
section 232 of the Trade Expansion Act of 1962, as amended (19
U.S.C. 1862), the President authorized the Secretary of Commerce
(Secretary) to take action, in coordination with U.S. Customs and
Border Protection (CBP), to restrict imports of Polysilicon Products
from companies that are stockpiling
[[Page 60509]]
those products in advance of December 4, 2026. Consistent with
Proclamation 11052, the Department of Commerce (Commerce)
establishes restrictions on all existing importers of record (IORs)
importing Polysilicon Products prior to December 4, 2026, as well as
provides criteria for existing IORs, and new IORs registered with
CBP on or after August 6, 2026, to be eligible to import Polysilicon
Products prior to December 4, 2026. Commerce is actively monitoring
imports of Polysilicon Products to identify IORs who are stockpiling
in advance of December 4, 2026. Commerce will inform CBP of IORs
that are importing Polysilicon Products in volumes substantially
greater than their historic averages and new IORs that registered
with CBP on or after August 6, 2026 that are importing Polysilicon
Products prior to December 4, 2026, in weekly volumes greater than
the quantities specified in paragraph (h). These IORs will be
prohibited from making further entries of Polysilicon Products into
the United States prior to December 4, 2026, except as described in
paragraph (g) of this supplement. However, IORs subject to this
restriction may apply to Commerce to lift this restriction,
according to the conditions laid out in this supplement.
(a) Scope. This supplement specifies the requirements and
process for how directly affected parties located in the Unites
States may submit applications for a waiver from the importation
prohibition of Polysilicon Products implemented by the President.
This supplement also identifies the time periods for such
submissions, the methods of submission, and the information that
must be included in such submissions. This supplement also
identifies the process for analysis of the applications and the
action taken upon the final determinations by the Secretary or
designee.
(b) Applications for an import prohibition waiver. Who may
submit an application?
(1) Importers of Polysilicon Products into the United States.
(2) [Reserved]
(c) Timeframe for submitting an application. The Bureau of
Industry and Security (BIS) will open a submissions window to
receive applications for import prohibition waivers between
September 22, 2026, and December 3, 2026.
(d) Application requirements. For the request to be considered a
valid application, the applicant must adhere to the following
general requirements and complete the application found on
<a href="http://www.bis.gov/232">www.bis.gov/232</a>, providing the following information:
(1) Submission through the import prohibition waiver inbox at
<a href="/cdn-cgi/l/email-protection#79291615000a1015101a16174b4a4b391b100a571d161a571e160f"><span class="__cf_email__" data-cfemail="02526d6e7b716b6e6b616d6c30313042606b712c666d612c656d74">[email protected]</span></a>;
(2) Requests must be submitted in PDF format;
(3) Limited to 30 pages inclusive of all attachments;
(4) Any business confidential submissions must also include a
non-confidential public version;
(5) Clear identification of the applicant (e.g., the individual
or company);
(6) A precise description of the Polysilicon Products;
(7) The weekly average volume of Polysilicon Products imported
in 2025;
(8) The weekly average volume of Polysilicon Products imported
between January 1, 2026 and August 6, 2026;
(9) The weekly average volume of Polysilicon Products imported
into the United States since August 6, 2026;
(10) The aggregate volume of Polysilicon Products imported into
the United States since August 6, 2026;
(11) The eight-digit or ten-digit Harmonized Tariff Schedule of
the Unites States (HTSUS) classification for the determination;
(12) Information about the products it manufactures and where
such manufacturing takes place;
(13) An explanation of how the company intends to use the
imported Polysilicon Products to include whether the imported
Polysilicon Products support existing manufacturing operations in
the United States or support investment projects for manufacturing
in the Unites States. Applicants should provide annual production
volume and capacity rates for each facility receiving the imported
Polysilicon Products and any applicable allocation for each
facility;
(14) The use of affiliates that do not customarily import
Polysilicon Products, or the use of new IORs to import Polysilicon
Products;
(15) An estimate of the type of Polysilicon Products, and, for
each type of Polysilicon Product, an estimate of the anticipated
volume of imports into the United States prior to December 4, 2026,
if a waiver is granted;
(16) An explanation of the business considerations associated
with the applicant's Polysilicon Product import volumes;
(i) For IORs registered with CBP prior to August 6, 2026, and
identified by Commerce as subject to a prohibition from importing
Polysilicon Products into the United States prior to December 4,
2026, applicants should explain why the volume of imports prior to
receiving an import prohibition were for legitimate commercial
considerations unrelated to the implementation of Proclamation
11052;
(ii) For IORs that register with CBP on or after August 6, 2026,
applicants should detail why they have established themselves as a
new IOR, whether they have pre-existing customers or business
relationships in the Unites States for Polysilicon Products that
predate August 6, 2026, the foreign manufacturers whose Polysilicon
Products they seek to import into the United States, and any other
factor the company deems relevant to this portion of their
application;
(17) Applications should be signed by a senior official in the
company certifying the accuracy of the assertions and facts
contained in its application;
(18) A commitment to not stockpile Polysilicon Products prior to
December 4, 2026;
(19) Any other information the applicant believes is necessary
to facilitate Commerce's decision-making. Additionally, if a company
believes that any of the requirements listed under paragraph (d) of
this supplement are not appropriate for their particular situation,
they should provide a detailed explanation of why the requirements
are inappropriate or inapplicable.
(e) Review of applications. Commerce will review the received
applications between September 22, 2026, and December 3, 2026, to
validate the received applications contain all the required elements
and do not exceed the page limitation. In the instance where the
applicant did not include all the required elements or improperly
filed the submission, at the discretion of the Under Secretary for
Industry and Security, the applicant may be granted a 48-hour widow
to resubmit a proper application. Commerce may request supplemental
information in additional to the information listed in paragraph (d)
of this supplement. If Commerce does request such information,
Commerce will provide a timeframe during which the supplemental
information must be provided. Commerce may respond to individual
applications with questions, revisions, conditional approval pending
applicant's acceptance of proposed modifications to the proposal.
(f) Import prohibition waiver decisions. Commerce will make an
individual, fact-specific, company-specific decision for each
applicant. Commerce intends to respond to applications within
fourteen (14) days of the date of receipt. Approved applicants will
be notified in writing of Commerce's decision.
(g) Obligations of customs brokers. Customs brokers that enter
Polysilicon Products must not file or procure or assist in the
filing of any claim, or of any document, affidavit, or other papers,
known by such customs broker to be false. Additionally, customs
brokers must not give, or solicit or procure the giving of, any
information or testimony that the broker knew or should have known
was false or misleading in any matter pending before the Department
of Homeland Security (DHS) or to any DHS representative. Actions by
customs brokers to evade the requirements in paragraph (g) of this
supplement may result in CBP enforcement actions. In determining
whether a new IOR may be attempting to use a broker's services to
violate supplement no. 1 to part 705, a customs broker should
consider the following factors:
(1) Whether an IOR is a new IOR that was established on or after
August 6, 2026;
(2) For new IORs, whether the new IOR has made other entries of
Polysilicon Products during the current week, and, if so, the
precise volume of Polysilicon Products that the new IOR has entered;
(3) For new IORs, the direct and indirect beneficial owners of
the new IOR, whether such owners have created other new IORs to
import Polysilicon Products, and whether those other new IORs have
met or exceeded the quantities specified in table 1 to this
supplement; and
(4) For new IORs, the ultimate consignee and delivery user, and
whether the goods will be transferred to or used for the benefit of
an IOR subject to a prohibition under this supplement.
(h) Exception to the import prohibition. New IORs that register
with CPB on or after August 6, 2026, are prohibited from importing
Polysilicon Products except, as specified in table 1 to this
supplement, the
[[Page 60510]]
Polysilicon Products identified by Harmonized Tariff Schedule of the
United States (HTSUS) code in weekly volumes no greater than the
quantities listed.
Table 1--Polysilicon Products and Quantities
------------------------------------------------------------------------
HTSUS Quantity (no greater than per week)
------------------------------------------------------------------------
2804.61.00................... 12 kg.
3818.00.0020, 3818.00.0040, 7 kg.
3818.00.0045, 3818.00.0050,
and 3818.00.0091.
8541.42.00................... 2,000 No.
8541.43.00................... 55 No.
------------------------------------------------------------------------
Jessica Curyto,
Deputy Assistant Secretary for Technology Security.
[FR Doc. 2026-19537 Filed 9-22-26; 8:45 am]
BILLING CODE 3510-33-P
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