In a proclamation published August 6, 2026, President Trump addressed the findings of the Secretary of State in an investigation under Section 232 of the Trade Expansion Act of 1962 that the imports of polysilicon and derivative products pose a threat to national security and economy of the United States. Specifically, polysilicon and derivative products are essential to the manufacture of semiconductors and solar products, whichar are crucial to the defense programs and AI systems.

The proclamation establishes measures to be taken under Sections 232 and 301.

Impact of Polysilicon Tariffs

The proclamation establishes a minimum import prices (MIP) program for polysilicon and polysilicon derivatives to create a protected domestic market that allows United States producers to compete free from global distortions, as well as a 15 percent ad valorem rate of duty on downstream polysilicon derivatives.

The applicable MIP for imported polysilicon and polysilicon derivatives shall be:

• $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.

Effective with respect to goods entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01 a.m. eastern time on December 4, 2026, imports of polysilicon and polysilicon derivatives specified in Annexes I and II to the proclamation shall be subject to the MIP program, as detailed in this clause.

Effective with respect to goods entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01 a.m. eastern time on December 4, 2026, imports of polysilicon ingots and polysilicon derivatives specified in Annexes I and II of this proclamation shall be subject to an additional 15 percent ad valorem rate of duty, except as otherwise specified in this proclamation.

For products of Japan, Korea, Taiwan, Switzerland, Liechtenstein, or a member nation of the European Union subject to tariffs under this proclamation, the sum of the additional section 232 tariff imposed pursuant to clause (4) of this proclamation and the applicable rate of duty under Column 1 of the HTSUS (Column 1 Duty Rate) shall be equal to 15 percent.

For further details see the proclamation and the accompanying fact sheet.

For further information about this and other Customs matters, contact George Tuttle III at geo@tuttlelaw.com or 415-986-8780.

The information in this article is general in nature and is not intended to constitute legal advice or to create an attorney-client relationship with respect to any event or occurrence and may not be considered as such.

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