Trump Administration Targets Polysilicon with New Section 232 Tariffs

On August 6, 2026, U.S. President Trump announced new tariffs on imports of polysilicon and its derivatives. Polysilicon is a base material for semiconductors and is essential for the production of solar products. The new tariffs will start at 15% on December 4, 2026. Additional tariffs will apply when the products don’t meet established minimum import prices (MIP) or when they meet or exceed the MIP but don’t meet resale or downstream product pricing. Tariff reductions apply to certain trade partners, including Japan, Taiwan, Korea, EU member nations, Liechtenstein, Switzerland, and the UK.

Key Details

Start Date

Effective with respect to goods specified on Annex I and II, entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01 a.m. eastern time on December 4, 2026. Products that have an entered value that is less than the set MIP (Annex I), or if it meets or exceeds the MIP, but doesn’t meet the below conditions, will be subject to addition extra tariffs under 9903.45.33-9903.45.36.

Conditions when the entered value meets or exceeds the set MIP:

1. the product will not be resold in the United States and any downstream product made from the product will be sold at or above the specific rate of duty provided in headings 9903.45.33–9903.45.36 for that downstream product;
2. the product will be resold in the United States at a price at or above the specific rate of duty provided in headings 9903.45.33–9903.45.36 for that product; or
3. the product will be resold in the United States pursuant to fixed terms in a time limited contract entered into prior to August 6, 2026.

HTS Subject to 232 Polysilicon Tariffs

3818.00.0020

3818.00.0040

3818.00.0045

3818.00.0050

3818.00.0091

8541.42.00

8541.43.00

Additional Duty Rate

All Countries

9903.45.30, [15% Additional Duty]: Except as provided for in headings 9903.45.31 and 9903.45.3232, polysilicon ingots and wafers (provided for in statistical reporting numbers 3818.00.0020, 3818.00.0040, 3818.00.0045, 3818.00.0050 and 3818.00.0091), solar cells (provided for in subheading 8541.42.00), and solar modules (provided for in subheading 8541.43.00), as provided for in subdivisions (a)–(b) of U.S. note 42 to this subchapter…

Liechtenstein, Japan, South Korea, Switzerland, Taiwan or of a member nation of the European Union

9903.45.31, [15% Total Tariff (Sum of Section 232 + Column 1 Duty)]: Polysilicon ingots and wafers (provided for in statistical reporting numbers 3818.00.0020, 3818.00.0040, 3818.00.0045, 3818.00.0050 and 3818.00.0091), solar cells (provided for in subheading 8541.42.00), and solar modules (provided for in subheading 8541.43.00), that are the product of Liechtenstein, Japan, South Korea, Switzerland, Taiwan or of a member nation of the European Union, as provided for in subdivisions (a)–(b) and (d) of U.S. note 42 to this subchapter …

United Kingdom

9903.45.32, [10% Additional Duty]: Polysilicon ingots and wafers (provided for in statistical reporting numbers 3818.00.0020, 3818.00.0040, 3818.00.0045, 3818.00.0050 and 3818.00.0091), solar cells (provided for in subheading 8541.42.00), and solar modules (provided for in subheading 8541.43.00) that are the product of the United Kingdom, as provided for in subdivisions (a)–(b) of U.S. note 42 to this subchapter …

Minimum Import Prices (MIP)

The applicable minimum import prices for imported polysilicon and polysilicon derivatives shall be:

(i)    $21 per kilogram for polysilicon [2804.61.0000];

(ii)   $100 per kilogram for polysilicon ingots and wafers [3818.00.0020, 3818.00.0040, 3818.00.0045, 3818.00.0050, 3818.00.0091];

(iii)  $0.22 per watt for solar cells [8541.42.0010, 8541.42.0080] ; and

(iv)   $0.38 per watt for solar modules [8541.43.0010, 8541.43.0080].

(a)  To implement the MIP program, U.S. Customs and Border Protection (CBP) shall permit importers of polysilicon and polysilicon derivatives to submit documentation at entry establishing or certifying either that any first arm’s-length sale of the imported merchandise (or, if applicable, downstream products made from that merchandise) in the United States will occur at or above the applicable MIP, or that any first arm’s-length sale of the imported merchandise is pursuant to fixed terms in a contract entered into prior to the date of the signing of this proclamation.

(b)  If an importer fails to submit the documentation referenced in subclause (a) of this clause, the imported merchandise shall be subject to a specific tariff equal to the applicable MIP.

(c)  For importers that submit the documentation referenced in subclause (a) of this clause, in the event that the entered value on the entry summary of the imported merchandise is less than the MIP, the imported merchandise shall be subject to a specific tariff equal to the difference between the entered value on the entry summary and the MIP.

If CBP determines that an importer’s documentation was materially inaccurate or that an importer has materially failed to comply with its certification, that importer and its affiliates shall permanently be prohibited from importing polysilicon and polysilicon derivatives into the United States. CBP may also impose penalties on the noncompliant importer to the extent consistent with applicable law.

Extra Additional Duty When Product Does Not Meet Conditions

9903.45.33 [Additional $21/kg]: Polysilicon provided for in statistical reporting number 2804.61.0000 and in subdivisions (a)–(b) of U.S. note 42 to this subchapter …

9903.45.34 [Additional $100/kg]: Polysilicon ingots and wafers provided for in statistical reporting numbers 3818.00.0020, 3818.00.0040, 3818.00.0045, 3818.00.0050, and 3818.00.0091 and in subdivisions (a)–(b) of U.S. note 42 to this subchapter …

9903.45.35 [Additional $0.22/watt]: Polysilicon solar cells provided for in subheading 8541.42.00 and in subdivisions (a)–(b) of U.S. note 42 to this subchapter …

9903.45.36 [Additional $0.38/watt]: Polysilicon solar modules provided for in subheading 8541.43.00 and in subdivisions (a)–(b) of U.S. note 42 to this subchapter …

FTZ

Any product subject to duties pursuant to this proclamation, except those eligible for admission under “domestic status” as described in 19 C.F.R. 146.43, that is admitted into a United States foreign trade zone on or after the effective date of this proclamation may be admitted only under “privileged foreign status” as described in 19 C.F.R. 146.41, and any product admitted in “privileged foreign status” prior to the effective date of this proclamation will be subject upon entry for consumption to any duties related to the classification under the applicable HTSUS subheading.

Drawback

Manufacturing drawback claims made in accordance with subsections (a) and (b) of section 313 of the Tariff Act of 1930, as amended, 19 U.S.C. 1313(a)-(b), shall be available with respect to the duties imposed pursuant to this proclamation on articles that meet the following conditions:

(a)  the article is not of a type of merchandise subject to an antidumping or countervailing duty order, without regard to whether the article is from the country or countries listed in the order or orders;

(b)  the article is a product of Trade Agreement Partners, composed of the United Kingdom, the European Union, Japan, the Republic of Korea, Switzerland, Liechtenstein, Mexico, Canada, and any trading partner with which the United States concludes a trade and security agreement; and

(c)  the polysilicon content of the article is composed entirely of polysilicon from a Trade Agreement Partner country.

Additional Information

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