U.S. Commerce Limits Polysilicon Stockpiling Ahead of 4 December
Safeguard
The Commerce Department on 22 September,
2026 issued rules limiting the amount of polysilicon and derivatives companies
can stockpile in advance of new import safeguards.
In a Federal Register notice, Commerce’s
Bureau of Industry and Security laid out 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.
The temporary final rule also
establishes the process for 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 Customs and Border Protection
on or after August 6.
The rule took effect yesterday and
continues through December 3. The safeguard takes effect on December 4.
The rule establishes restrictions on all
existing importers of record importing polysilicon products prior to December 4
and provides criteria specifically applicable to new IORs, registered after the
signing of the Presidential proclamation announcing the import safeguard.
Commerce said it is monitoring imports
of polysilicon products to identify IORs that are stockpiling in advance of
December 4 and 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. However, IORs subject to this restriction may apply to
Commerce to waive this restriction.
To determine 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:
·
The
aggregate volume of polysilicon products the importer has imported since
Proclamation 11052 was issued on August 6;
·
The
weekly average volume of polysilicon products the importer is importing since
August 6;
·
The
weekly average volume of polysilicon products the importer imported between
January 1, and August 6;
·
The
weekly average volume of polysilicon products the importer imported in 2025;
and
·
The
use of affiliates that do not customarily import polysilicon products, or the
use of new IORs to import polysilicon products.