The U.S. Department of Commerce today published a notice establishing enforcement mechanisms for the anti-stockpiling provisions of the August 2026 Section 232 Proclamation covering U.S. imports of polysilicon and derivative products. The notice outlines new monitoring procedures and limitations for existing importers of record, restrictions on newly created importers of record, and a process for requesting waivers. U.S. Customs and Border Protection has also issued guidance regarding the administration of these requirements. As provided in the notices, stockpiling will now result in a temporary or permanent import prohibition and potential penalties for customs brokers that process such entries.
Monitoring of Existing Importers of Record
The U.S. Department of Commerce (Commerce) will actively monitor imports of polysilicon and derivatives (wafers, cells, and modules) by existing importers of record registered as of August 5. The agency will collect import data from U.S. Customs and Border Protection (CBP) on a weekly basis as follows:
- The aggregate volume of these products imported since August 6, 2026;
- The weekly average volume of these products imported since August 6, 2026;
- The weekly average volume of these products imported from January 1, 2026 through August 5, 2026; and
- The weekly average volume of these products imported in 2025.
Based on these data, Commerce will make case-by-case decisions concerning whether specific importers imported products covered by the Proclamation in “substantially greater” volumes than “historic averages.” If Commerce determines that the importer is “stockpiling,” it will instruct CBP to restrict future imports.
Commerce has not defined what it considers to be “substantially greater,” nor exactly how it will make its assessments. That said, as provided below, if Commerce determines an importer made “substantially greater” imports, the importer faces an import prohibition that can only be addressed thereafter by obtaining a waiver from Commerce.
Importers should immediately monitor imports of covered products over the coming months as compared to historical shipments to assess how Commerce could view import activity.
Prohibition on Volumes of Imports by New Importers of Record
Separately, Commerce is prohibiting new importers of record registered on or after August 6, 2026, from importing in a week volumes greater than historical weekly averages of polysilicon (12 kg), wafers (7 kg), cells (2,000 in number), and modules (55 in number) imported by existing importers of these products. This is intended to avoid loopholes created by the former limitation on historical import volumes for existing importers. As these volume levels are exceedingly small, new importers need to take care in configuration of shipments.
Waivers
In the event Commerce determines the volume thresholds are exceeded, the agency will consider applications for waivers to import in greater quantities. Commerce will require the following information with waiver applications:
- Organizational information, including company address, legal structure, and beneficial ownership;
- A detailed explanation of importation activities, including how the imports will be used — including substantiation of any volume forecasts;
- An explanation of the legitimate business purpose associated with the imports; and
- A certification of accuracy, plus any other pertinent information that the importer believes Commerce should consider.
Waiver applications can be submitted via email, and Commerce currently intends to respond to each application within 14 days.
It is not clear that Commerce will provide advance waivers, meaning an importer may need to apply for a waiver only after Commerce finds that an importer already exceeded the limits provided in the rule.
Special Warning to Brokers
CBP plans to monitor the import activities of customs brokers that file the entries subject to today’s rulemaking. The notice also outlines potential penalties for a broker that is found to be helping evade the import restrictions, up to and including suspension or revocation of their broker license. We expect that brokers may require importers to provide historical shipment data to establish the bona fide nature of imports prior to processing entries.
More to Come?
Interested companies may wish to note that additional rulemaking around the Polysilicon Section 232 Proclamation is expected in the months ahead, including likely new rules concerning tariff waiver applications for onshoring activities and potential rulemaking to enforce the minimum import pricing mechanism on downstream sales into U.S. commerce.
How We Can Help
Cassidy Levy Kent’s attorneys, licensed customs brokers, and trade professionals regularly advise manufacturers, importers, and developers participating in the solar supply chain. We assist clients in assessing compliance risks, responding to government inquiries, developing import compliance strategies, and navigating the rapidly evolving Section 232 landscape.