President Trump has issued a proclamation that, effective Dec. 4, will impose new measures against imports of polysilicon, “the base material underpinning the security of America’s semiconductor and solar-power supply chains,” as well as specified derivatives.
Minimum Import Prices
The proclamation will impose the following minimum import prices for polysilicon and polysilicon derivatives.
- $21/kg for polysilicon
- $100/kg for polysilicon ingots and wafers
- $0.22/watt for solar cells
- $0.38/watt for solar modules
The Department of Commerce may adjust these MIPs from time to time to reflect market conditions or other factors affecting the fair market value of covered products under non-distorted, free-market conditions.
To implement the MIP program, U.S. Customs and Border Protection will permit importers to submit documentation at entry establishing or certifying either that any first arm’s-length sale of the imported goods (or, if applicable, downstream products made from those goods) in the U.S. will occur at or above the applicable MIP or that any first arm’s-length sale of the imported goods is pursuant to fixed terms in a contract entered into prior to Aug. 6, 2026.
If an importer fails to submit such documentation, the imported goods will be subject to a specific tariff equal to the applicable MIP. If the importer does submit such documentation but the entered value on the entry summary is less than the MIP, those goods will be subject to a specific tariff equal to the difference between the entered value on the entry summary and the MIP.
If CBP determines that an importer’s documentation is materially inaccurate or that an importer has materially failed to comply with its certification, that importer and its affiliates will be permanently prohibited from importing polysilicon and polysilicon derivatives into the U.S. and CBP may impose penalties on the importer to the extent consistent with applicable law.
Section 232 Tariff
The proclamation will also impose a Section 232 tariff of 15 percent on specified derivative products that are downstream of polysilicon (see the annex to the proclamation for more details). This tariff will apply in addition to any other applicable duties, taxes, fees, exactions, and charges.
However, the sum of the new section 232 tariff and the applicable column 1 duty rate will be (1) 10 percent for subject products of the United Kingdom and (2) 15 percent for subject products of Japan, South Korea, Taiwan, Switzerland, Liechtenstein, or a member nation of the European Union.
Tariff Relief
The proclamation provides that if foreign trading partners that have entered into trade deals with the Trump administration adopt substantially equivalent import-adjusting actions modeled after the MIP program, the U.S. may enter into arrangements that would alter the applicability of the MIP and the tariffs to polysilicon and derivatives imported from these trading partners.
The proclamation also authorizes the Department of Commerce to establish a program to incentivize companies to build, expand, or refurbish U.S. facilities that produce polysilicon and polysilicon derivatives starting no later than Jan. 20, 2029. Companies with approved onshoring plans will be authorized to import necessary production equipment and covered products, in volumes deemed commensurate with their committed investments, without paying the new Section 232 tariff.
Stockpiling
If the DOC determines that a company is stockpiling polysilicon or derivatives before Dec. 4, it is required to take action in coordination with CBP to restrict imports by that company and its affiliates.
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