Requirements for Applications Requesting a Waiver to the Import Prohibition for Polysilicon and Polysilicon Derivatives

On August 6, 2026, the President issued Proclamation 11052, “Adjusting Imports of Polysilicon and Its Derivatives Into the United States,” finding that imports of polysilicon and polysilicon derivatives (Polysilicon Products) threatened to impair the national security of the United States. In Proclamation 11052, pursuant to section 232 of the Trade Expansion Act of 1962, as amended (19 U.S.C. 1862), the President authorized the Secretary of Commerce (Secretary) to take action, in coordination with U.S. Customs and Border Protection (CBP), to restrict imports of Polysilicon Products from companies that are stockpiling those products in advance of December 4, 2026. Consistent with Proclamation 11052, the Department of Commerce (Commerce) establishes restrictions on all existing importers of record (IORs) importing Polysilicon Products prior to December 4, 2026, as well as provides criteria for existing IORs, and new IORs registered with CBP on or after August 6, 2026, to be eligible to import Polysilicon Products prior to December 4, 2026. Commerce is actively monitoring imports of Polysilicon Products to identify IORs who are stockpiling in advance of December 4, 2026. Commerce will inform CBP of IORs that are importing Polysilicon Products in volumes substantially greater than their historic averages and new IORs that registered with CBP on or after August 6, 2026 that are importing Polysilicon Products prior to December 4, 2026, in weekly volumes greater than the quantities specified in paragraph (h). These IORs will be prohibited from making further entries of Polysilicon Products into the United States prior to December 4, 2026, except as described in paragraph (g) of this supplement. However, IORs subject to this restriction may apply to Commerce to lift this restriction, according to the conditions laid out in this supplement. (a) Scope. This supplement specifies the requirements and process for how directly affected parties located in the Unites States may submit applications for a waiver from the importation prohibition of Polysilicon Products implemented by the President. This supplement also identifies the time periods for such submissions, the methods of submission, and the information that must be included in such submissions. This supplement also identifies the process for analysis of the applications and the action taken upon the final determinations by the Secretary or designee. (b) Applications for an import prohibition waiver. Who may submit an application? (1) Importers of Polysilicon Products into the United States. (2) [Reserved] (c) Timeframe for submitting an application. The Bureau of Industry and Security (BIS) will open a submissions window to receive applications for import prohibition waivers between September 22, 2026, and December 3, 2026. (d) Application requirements. For the request to be considered a valid application, the applicant must adhere to the following general requirements and complete the application found on www.bis.gov/232, providing the following information: (1) Submission through the import prohibition waiver inbox at Polysilicon232@bis.doc.gov; (2) Requests must be submitted in PDF format; (3) Limited to 30 pages inclusive of all attachments; (4) Any business confidential submissions must also include a non-confidential public version; (5) Clear identification of the applicant ( e.g., the individual or company); (6) A precise description of the Polysilicon Products; (7) The weekly average volume of Polysilicon Products imported in 2025; (8) The weekly average volume of Polysilicon Products imported between January 1, 2026 and August 6, 2026; (9) The weekly average volume of Polysilicon Products imported into the United States since August 6, 2026; (10) The aggregate volume of Polysilicon Products imported into the United States since August 6, 2026; (11) The eight-digit or ten-digit Harmonized Tariff Schedule of the Unites States (HTSUS) classification for the determination; (12) Information about the products it manufactures and where such manufacturing takes place; (13) An explanation of how the company intends to use the imported Polysilicon Products to include whether the imported Polysilicon Products support existing manufacturing operations in the United States or support investment projects for manufacturing in the Unites States. Applicants should provide annual production volume and capacity rates for each facility receiving the imported Polysilicon Products and any applicable allocation for each facility; (14) The use of affiliates that do not customarily import Polysilicon Products, or the use of new IORs to import Polysilicon Products; (15) An estimate of the type of Polysilicon Products, and, for each type of Polysilicon Product, an estimate of the anticipated volume of imports into the United States prior to December 4, 2026, if a waiver is granted; (16) An explanation of the business considerations associated with the applicant's Polysilicon Product import volumes; (i) For IORs registered with CBP prior to August 6, 2026, and identified by Commerce as subject to a prohibition from importing Polysilicon Products into the United States prior to December 4, 2026, applicants should explain why the volume of imports prior to receiving an import prohibition were for legitimate commercial considerations unrelated to the implementation of Proclamation 11052; (ii) For IORs that register with CBP on or after August 6, 2026, applicants should detail why they have established themselves as a new IOR, whether they have pre-existing customers or business relationships in the Unites States for Polysilicon Products that predate August 6, 2026, the foreign manufacturers whose Polysilicon Products they seek to import into the United States, and any other factor the company deems relevant to this portion of their application; (17) Applications should be signed by a senior official in the company certifying the accuracy of the assertions and facts contained in its application; (18) A commitment to not stockpile Polysilicon Products prior to December 4, 2026; (19) Any other information the applicant believes is necessary to facilitate Commerce's decision-making. Additionally, if a company believes that any of the requirements listed under paragraph (d) of this supplement are not appropriate for their particular situation, they should provide a detailed explanation of why the requirements are inappropriate or inapplicable. (e) Review of applications. Commerce will review the received applications between September 22, 2026, and December 3, 2026, to validate the received applications contain all the required elements and do not exceed the page limitation. In the instance where the applicant did not include all the required elements or improperly filed the submission, at the discretion of the Under Secretary for Industry and Security, the applicant may be granted a 48-hour widow to resubmit a proper application. Commerce may request supplemental information in additional to the information listed in paragraph (d) of this supplement. If Commerce does request such information, Commerce will provide a timeframe during which the supplemental information must be provided. Commerce may respond to individual applications with questions, revisions, conditional approval pending applicant's acceptance of proposed modifications to the proposal. (f) Import prohibition waiver decisions. Commerce will make an individual, fact-specific, company-specific decision for each applicant. Commerce intends to respond to applications within fourteen (14) days of the date of receipt. Approved applicants will be notified in writing of Commerce's decision. (g) Obligations of customs brokers. Customs brokers that enter Polysilicon Products must not file or procure or assist in the filing of any claim, or of any document, affidavit, or other papers, known by such customs broker to be false. Additionally, customs brokers must not give, or solicit or procure the giving of, any information or testimony that the broker knew or should have known was false or misleading in any matter pending before the Department of Homeland Security (DHS) or to any DHS representative. Actions by customs brokers to evade the requirements in paragraph (g) of this supplement may result in CBP enforcement actions. In determining whether a new IOR may be attempting to use a broker's services to violate supplement no. 1 to part 705, a customs broker should consider the following factors: (1) Whether an IOR is a new IOR that was established on or after August 6, 2026; (2) For new IORs, whether the new IOR has made other entries of Polysilicon Products during the current week, and, if so, the precise volume of Polysilicon Products that the new IOR has entered; (3) For new IORs, the direct and indirect beneficial owners of the new IOR, whether such owners have created other new IORs to import Polysilicon Products, and whether those other new IORs have met or exceeded the quantities specified in table 1 to this supplement; and (4) For new IORs, the ultimate consignee and delivery user, and whether the goods will be transferred to or used for the benefit of an IOR subject to a prohibition under this supplement. (h) Exception to the import prohibition. New IORs that register with CPB on or after August 6, 2026, are prohibited from importing Polysilicon Products except, as specified in table 1 to this supplement, the Polysilicon Products identified by Harmonized Tariff Schedule of the United States (HTSUS) code in weekly volumes no greater than the quantities listed. Table 1—Polysilicon Products and Quantities HTSUS Quantity (no greater than per week) 2804.61.00 12 kg. 3818.00.0020, 3818.00.0040, 3818.00.0045, 3818.00.0050, and 3818.00.0091 7 kg. 8541.42.00 2,000 No. 8541.43.00 55 No. [91 FR 60508, Sept. 24, 2026] Effective Date Note: At 91 FR 60508, Sept. 24, 2026, Supplement no. 1 to part 705 was revised, effective Sept. 22, 2026, through Dec. 3, 2026.