US Slaps Stockpiling Limits on Solar Chip Material Polysilicon
Published Date: 9/24/2026
Rule
Summary
Starting September 22, 2026, the U.S. is cracking down on companies hoarding polysilicon and its derivatives before new import rules kick in on December 4, 2026. If a company is caught stockpiling, they could face import bans unless they get a special waiver. New importers registering after August 6, 2026, will also face limits to keep things fair and steady.
Analyzed Economic Effects
4 provisions identified: 1 benefits, 3 costs, 0 mixed.
Existing importers monitored and banned
If you are an importer of record (IOR) that imported polysilicon or its derivatives, Commerce will watch your shipments and compare them to your historic averages. If Commerce finds you are importing volumes substantially greater than your historic averages (using factors such as aggregate volume since August 6, 2026, weekly averages since August 6, 2026, weekly averages for Jan 1–Aug 6, 2026, and weekly averages in 2025), Commerce will tell U.S. Customs and Border Protection (CBP) and you will be prohibited from making further entries of those products into the United States prior to December 4, 2026; you may apply for a waiver to lift that prohibition.
Weekly import caps for new importers
If you became an importer of record (IOR) on or after August 6, 2026, you are limited to small weekly quantities of certain Harmonized Tariff Schedule (HTSUS) items before December 4, 2026: HTSUS 2804.61.00 — 12 kg per week; HTSUS 3818.00.0020, 3818.00.0040, 3818.00.0045, 3818.00.0050, and 3818.00.0091 — 7 kg per week; HTSUS 8541.42.00 — 2,000 units per week; HTSUS 8541.43.00 — 55 units per week. If you exceed these weekly limits without Commerce approval, CBP will be notified and you will be prohibited from further entries prior to December 4, 2026.
Waiver application window and requirements
If you are prohibited or limited from importing polysilicon products, you may apply for a waiver from September 22, 2026 through December 3, 2026 by submitting a PDF application to the BIS waiver inbox at [email protected]. Applications must be up to 30 pages, include organization information, HTS codes, weekly and aggregate import volumes (including weekly averages for 2025 and for Jan 1–Aug 6, 2026, and volume since August 6, 2026), a senior official's certification, and a commitment not to stockpile; Commerce intends to respond within 14 days.
Customs brokers face enforcement risk
If you are a customs broker entering polysilicon products between September 22, 2026 and December 4, 2026, you must not file or assist with filings you know are false and must consider factors (such as whether an IOR was established on or after August 6, 2026) to avoid facilitating stockpiling. Brokers who facilitate evasion may face CBP enforcement, including possible license suspension or revocation under 19 CFR 111.53 or penalties under 19 U.S.C. 1641.
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Key Dates
Department and Agencies
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