Polysilicon Section 232 sets price floors and 15% duty

This proclamation finds that imports of polysilicon and its derivative products threaten to impair US national security under Section 232. It establishes minimum import prices for imported polysilicon, ingots and wafers, solar cells, and solar modules, and it imposes an additional 15% ad valorem duty on imports of covered polysilicon derivatives. The measures take effect for goods entered or withdrawn from warehouse for consumption on or after 12:01 a.m. eastern time on December 4, 2026.

The minimum import prices stated in the proclamation are $21 per kilogram for polysilicon, $100 per kilogram for polysilicon ingots and wafers, $0.22 per watt for solar cells, and $0.38 per watt for solar modules. Importers may submit documentation at entry showing that the first arm's-length US sale will occur at or above the applicable minimum import price, or that the sale is under fixed contract terms entered before the proclamation was signed. If that documentation is not submitted, CBP is to apply a specific tariff equal to the applicable minimum import price. If documentation is submitted but the entered value is below the minimum import price, CBP is to apply a specific tariff equal to the difference.

The proclamation states that the Section 232 duties are in addition to other applicable duties, taxes, fees, exactions, and charges unless otherwise specified. For products of Japan, Korea, Taiwan, Switzerland, Liechtenstein, or a member nation of the European Union that are subject to the proclamation, the additional Section 232 tariff plus the Column 1 duty rate is to equal 15%. For products of the United Kingdom subject to the proclamation, the applicable rate under the additional duty clause is 10%. The Secretary of Commerce is also authorized to approve company onshoring plans and allow approved companies to import certain production equipment and covered products without paying applicable Section 232 duties, subject to conditions and continued compliance.

The proclamation also sets compliance and administration rules. CBP is directed to monitor importer documentation, and materially inaccurate documentation or material failure to comply with a certification can lead to a permanent prohibition on importing polysilicon and polysilicon derivatives into the United States, along with penalties consistent with law. Goods subject to the proclamation that enter a US foreign trade zone on or after the effective date generally must enter under privileged foreign status. The Secretary of Commerce may later modify HTSUS provisions through Federal Register notice, including technical corrections to the annexes.