Presidential Polysilicon Import Poker Faces China
Published Date: 8/11/2026
Presidential Document
Summary
No summary available.
Analyzed Economic Effects
6 provisions identified: 2 benefits, 4 costs, 0 mixed.
Minimum Import Prices Set for Polysilicon
The proclamation establishes minimum import prices (MIPs) for covered products: $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. The MIP program takes effect for goods entered on or after 12:01 a.m. Eastern on December 4, 2026 and lets Customs apply a specific tariff equal to the MIP or the gap between declared value and the MIP if import documentation is not submitted or declared value is below the MIP.
15% Ad Valorem Duty on Derivative Imports
Beginning for goods entered on or after 12:01 a.m. Eastern on December 4, 2026, imports of polysilicon ingots and polysilicon derivatives specified in the proclamation are subject to an additional 15 percent ad valorem duty. For products of Japan, Korea, Taiwan, Switzerland, Liechtenstein, or a member of the European Union, the sum of the additional section 232 tariff and the Column 1 HTSUS duty rate will equal 15 percent; for products of the United Kingdom the applicable rate will be 10 percent.
Onshoring Incentives for U.S. Production
The Secretary of Commerce is authorized to solicit, approve, and monitor company-specific onshoring plans to build, refurbish, or expand U.S. facilities producing polysilicon, ingots, wafers, and cells. Approved plans must commit to start construction by January 20, 2029 and can allow importation of necessary production equipment and Covered Products in volumes the Secretary deems commensurate without paying applicable section 232 duties while tied to the construction period and progress.
CBP Enforcement and Penalties for Violations
U.S. Customs and Border Protection (CBP) will monitor importer documentation for the MIP program; if CBP finds documentation materially inaccurate or an importer materially noncompliant, that importer and its affiliates may be permanently prohibited from importing polysilicon and polysilicon derivatives, and CBP may impose penalties consistent with law. CBP may also collect additional tariffs if onshoring benefits are rescinded retroactively for fraud.
Manufacturing Drawback Availability for Trade Partners
Manufacturing drawback claims under 19 U.S.C. 1313(a)-(b) are available for duties imposed by this proclamation for articles that meet three conditions: (a) the article is not subject to an antidumping or countervailing duty order; (b) the article is a product of specified Trade Agreement Partners (including the United Kingdom, the European Union, Japan, the Republic of Korea, Switzerland, Liechtenstein, Mexico, and Canada, and any trading partner with a trade and security agreement); and (c) the polysilicon content is composed entirely of polysilicon from a Trade Agreement Partner country.
Foreign-Trade Zone Admission and Duty Treatment
Any product subject to duties under the proclamation that is admitted into a U.S. foreign-trade zone on or after the effective date may be admitted only under 'privileged foreign status' (19 CFR 146.41); products admitted under privileged foreign status prior to the effective date will be subject upon entry for consumption to any duties related to their HTSUS classification. These rules affect the duty treatment of goods moving through U.S. foreign-trade zones after December 4, 2026.
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