Import Restrictions Imposed to Prevent Stockpiling of Polysilicon

The Bureau of Industry and Security has issued a temporary final rule designed to prevent companies from stockpiling polysilicon or its derivatives before import restrictions on those items take effect Dec. 4.

Earlier this year President Trump issued a proclamation setting forth a number of actions against imports of polysilicon (which is used in semiconductor and solar power supply chains) and specified derivatives, including minimum import prices and a Section 232 tariff.

The proclamation also directed the Department of Commerce to restrict imports by any company (and its affiliates) determined to be stockpiling polysilicon or derivatives before Dec. 4. The new BIS rule follows through on that requirement in the following ways.

Existing IORs. BIS is monitoring imports of polysilicon products to identify importers of record that are stockpiling in advance of Dec. 4. BIS will notify U.S. Customs and Border Protection of IORs that are importing polysilicon products in volumes substantially greater than their historic averages, and CBP will then notify the IORs (and any customs brokers conducting business on their behalf) of that decision. These IORs will be prohibited from making further entries of polysilicon products into the U.S. prior to Dec. 4, although they may apply to BIS to waive this restriction.

New IORs. Absent approval from BIS, new IORs that registered with CBP on or after Aug. 6, 2026, are prohibited from importing polysilicon products prior to Dec. 4 in weekly volumes greater than the following quantities for each of the listed HTSUS subheadings.

– HTSUS 2804.61.00: 12 kg

– HTSUS 3818.00.0020, 3818.00.0040, 3818.00.0045, 3818.00.0050, and 3818.00.0091: 7 kg

– HTSUS 8541.42.00: 2,000 no.

– HTSUS 8541.43.00: 55 no.

New IORs that import polysilicon products in weekly volumes that exceed these limits, absent BIS approval, will be prohibited from making further entries of such goods prior to Dec. 4.

BIS states that action will be taken against importers and customs brokers that establish, use, or facilitate multiple IORs or other arrangements to circumvent these limits. The rule lists several factors that brokers should consider in determining whether an IOR may be seeking to commit such a violation and warns that brokers could face enforcement actions such as revocation or suspension of their license or issuance of a penalty for actions to evade the stockpiling prohibition.