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Polysilicon stockpiling rule: weekly limits for importers of record registered after August 6, 2026

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In brief

A BIS temporary final rule in effect September 22 through December 3, 2026 caps weekly polysilicon entries by importers of record registered with CBP on or after August 6, 2026, and bars further entries by IORs found to be stockpiling.

The Bureau of Industry and Security published a temporary final rule on September 24, 2026 that limits how much polysilicon and polysilicon derivative product a newly registered Importer of Record may enter each week until December 4, 2026. The rule, “Measures To Restrict Stockpiling of Polysilicon and Polysilicon Derivatives Under Proclamation 11052” (FR Doc. 2026-19537, 91 FR 60505), took effect September 22, 2026 and runs through December 3, 2026. CBP issued implementing guidance the same day in CSMS #69994928.

The rule draws its main line by the date an IOR registered with CBP.

Background

Proclamation 11052 of August 6, 2026, issued under section 232 of the Trade Expansion Act of 1962, 19 U.S.C. §1862, imposes minimum import prices and tariffs on polysilicon products effective December 4, 2026. The proclamation directed the Secretary of Commerce, in coordination with CBP, to restrict imports by companies that stockpile those products before that date. This rule is that restriction. It revises supplement no. 1 to 15 C.F.R. part 705.

Existing IORs

Commerce states that it is monitoring imports and will give CBP written notice of IORs importing polysilicon products “in volumes substantially greater than their historic averages.” The factors listed include aggregate volume since August 6, 2026, weekly average volume since August 6, 2026, weekly averages for January 1 to August 6, 2026 and for 2025, and the use of affiliates that do not customarily import these products or of new IORs. Once CBP notifies an IOR, that IOR is prohibited from making further entries of polysilicon products before December 4, 2026.

New IORs registered on or after August 6, 2026

Absent Commerce approval, a new IOR may not import more than these weekly quantities:

  • 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 units
  • HTSUS 8541.43.00: 55 units

A new IOR that exceeds these quantities is prohibited from making further entries of polysilicon products before December 4, 2026. The rule states Commerce may adjust the volumes.

Multiple IORs and the customs broker

The rule states that Commerce and CBP will coordinate action against importers and customs brokers that “establish, use, or facilitate multiple importers of record” to circumvent the program. For brokers that enter these products or act as IOR between September 22 and December 4, 2026, paragraph (g) lists four factors to consider: whether the IOR was established on or after August 6, 2026; the new IOR’s other entries of these products that week and their volume; the new IOR’s direct and indirect beneficial owners and whether they created other new IORs; and the ultimate consignee and whether the goods will benefit a prohibited IOR. The rule cites license suspension or revocation under 19 C.F.R. §111.53 and penalties under 19 U.S.C. §1641.

What CBP does at entry

According to CSMS #69994928, CBP will not allow a restricted IOR to make entries of the covered products until December 4, 2026. A restricted IOR may move the goods to a bonded warehouse but may not enter them for consumption before that date.

The waiver process

BIS accepts waiver applications from September 22 through December 3, 2026. An application is a PDF of no more than 30 pages, signed by a senior official certifying its accuracy, with beneficial ownership, the weekly and aggregate volume figures above, the intended use of the goods, and a commitment not to stockpile. A new IOR must also explain why it established itself as a new IOR and whether it had United States customers for these products before August 6, 2026. Commerce states it intends to respond within 14 days. An approved new IOR then falls under the standard that applies to existing IORs.

What is in effect and what is not

In effect since September 22, 2026: the monitoring of existing IORs, the weekly limits for new IORs, and the waiver process. Not in effect until December 4, 2026: the minimum import prices and tariffs under Proclamation 11052. The rule itself expires December 3, 2026. Separately, it removes the former aluminum and steel inclusions process from supplement no. 1 to part 705, consistent with Proclamation 11021.

Why it matters to importers

For these products, the IOR’s registration date sets which rule applies, and the IOR’s ownership and the ultimate consignee are what the broker is directed to examine. A restriction attaches to the IOR, not to the goods. The Importer of Record page covers what that role carries.

Questions about the IOR role can go to ship@iorusa.com or through the contact page.

Related

Sources

This post summarizes publicly available federal actions for general information. It is not legal advice. Requirements are subject to rulemaking and change. Verify current requirements against the Federal Register and CBP guidance.

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