SUPPLEMENTARY INFORMATION:

I. Background

On August 6, 2026, the President issued Proclamation 11052 (91 FR 51975), “Adjusting Imports of Polysilicon and Its Derivatives Into the United States,” finding that imports of polysilicon and polysilicon derivatives threatened to impair the national security of the United States. Based on that finding, the President imposed minimum import prices (MIP) and tariffs on imports of Polysilicon Products pursuant to Section 232 of the Trade Expansion Act of 1962, as amended, 19 U.S.C. 1862 (Section 232). These import adjustments take effect on December 4, 2026.

In Proclamation 11052, pursuant to Section 232, which authorizes the President to adjust imports of an article and its derivatives such that the imported articles will not threaten to impair the national security, the President authorized the Secretary to take action, in coordination with CBP, to restrict imports of Polysilicon Products from companies that are stockpiling those products in advance of December 4, 2026. Consistent with Proclamation 11052, this TFR establishes restrictions on all existing importers of record (IOR) importing Polysilicon Products prior to December 4, 2026. It also provides criteria specifically applicable to new IORs, registered after the signing date of Proclamation 11052, August 6, 2026, to be eligible to import Polysilicon Products prior to December 4, 2026 (including the application process, documentation and certification requirements).

II. Monitoring of Existing Importers of Record

The Department of Commerce (Commerce) is monitoring imports of Polysilicon Products to identify IORs that are stockpiling in advance of December 4, 2026. Commerce will provide CBP written notice of IORs that are importing Polysilicon Products in volumes substantially greater than their historic averages. CBP will notify the IOR of Commerce's decision as well as any customs brokers conducting business on behalf of the IOR. These IORs will be prohibited from making further entries of Polysilicon Products into the United States prior to December 4, 2026. However, IORs subject to this restriction may apply to Commerce to waive this restriction, according to the conditions laid out in Section IV of this preamble. In determining whether an IOR is importing Polysilicon Products in volumes substantially greater than its historic averages, Commerce will make a fact-specific determination based on factors, including—but not limited to:

• The aggregate volume of Polysilicon Products the importer has imported since Proclamation 11052 was issued on August 6, 2026;
• The weekly average volume of Polysilicon Products the importer is importing since August 6, 2026;
• The weekly average volume of Polysilicon Products the importer imported between January 1, 2026 and August 6, 2026;
• The weekly average volume of Polysilicon Products the importer imported in 2025; and
• The use of affiliates that do not customarily import Polysilicon Products, or the use of new IORs to import Polysilicon Products.

III. Prohibition of Polysilicon Imports by Newly Established Importers of Record

Absent approval from Commerce according to the process detailed in Section IV of this preamble, new IORs that registered with CBP on or after August 6, 2026, are prohibited from importing Polysilicon Products prior to December 4, 2026, in weekly volumes greater than the following quantities for each of the following Harmonized Tariff Schedule of the United States (HTSUS) Subheadings:

• HTSUS 2804.61.00: 12 kg
• HTSUS 3818.00.0020, 3818.00.0040, 3818.00.0045, 3818.00.0050, and 3818.00.0091: 7 kg
• HTSUS 8541.42.00: 2,000 No.
• HTSUS 8541.43.00: 55 No.

These quantities are based on historic import data and are designed to ensure that new IORs can import Polysilicon ( printed page 60506) Products at or below the typical volumes brought in by existing importers of those products. Commerce may adjust these volumes in the future if it determines such an adjustment is necessary to address stockpiling. Commerce and CBP shall coordinate to take action against importers and customs brokers that establish, use, or facilitate multiple importers of record or other arrangements for the purpose of circumventing the requirements of this program.

New IORs that import Polysilicon Products in weekly volumes that exceed these quantities, absent approval from Commerce, will be prohibited from making further entries of Polysilicon Products into the United States prior to December 4, 2026. Commerce will provide CBP written notice of new IORs that exceed these quantities. CBP will notify the new IOR of Commerce's decision as well as any customs brokers conducting business on behalf of the IOR. Customs brokers that enter Polysilicon Products and/or act as the importer of record between September 22, 2026, and December 4, 2026, are reminded of their affirmative obligation to avoid facilitating violations of this Section III. In determining whether a new IOR may be attempting to use a customs broker's services to violate supplement no.1 to part 705, a customs broker should at least consider the following factors:

• Status: Whether an IOR is a new IOR that was established on or after August 6, 2026.
• Import Behavior: 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.
• Ownership: 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 provided for in supplement no. 1 to part 705 (also specified in Section III of this preamble).
• Disposition of the Merchandise: 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 supplement no. 1 to part 705.

Actions by customs brokers to evade the prohibition on stockpiling Polysilicon Products may result in CBP enforcement actions. These enforcement actions could potentially include but are not limited to: proceedings to revoke or suspend the customs broker's license under 19 CFR 111.53 or issuance of a broker penalty or penalties under 19 U.S.C. 1641. As per 19 CFR 111.32, a customs broker 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 are further reminded that they must not give, solicit, or procure the giving of information that the customs broker knows or should know to be false or misleading in any matter pending before the Department of Homeland Security (DHS) or any DHS representative.

IV. Application Process

Companies that are prohibited or restricted from importing Polysilicon Products into the United States prior to December 4, 2026, may apply to Commerce for a waiver. For existing IORs subject to a prohibition, waivers will allow the company to resume importing Polysilicon Products; for new IORs subject to a quantitative import restriction, waivers will allow the company to import Polysilicon Products in quantities subject to the stockpiling restrictions applicable to existing IORs under paragraphs (a) through (d) in supplement no. 1 to part 705. Applications can be found at www.bis.gov/​232. Applicants must submit the application and associated documentation to Polysilicon232@bis.doc.gov. The complete application should include the following information, with reference, as appropriate, to the relevant application section:

1. Section 1—Organization Information: Full legal name, address, ownership structure and beneficial ownership, including the country where the company's (or companies') headquarters is located. The name, title, and contact information of the authorized representative(s) submitting the application should also be included. The company (or companies) should also provide information about the products it manufactures and where such manufacturing takes place.

2. Section 2—Projected Type, Volume, and Use of Imports: Explanation detailing how the company intends to use the imported Polysilicon Product(s) including whether the imports support the company's own manufacturing, and if so how; or whether the company plans to transfer the imported merchandise to third parties, and an estimate of the anticipated volume of imports the company intends to enter into the United States prior to December 4, 2026, if a waiver is granted.

3. Section 3—Legitimate Business Purpose: An explanation of the business considerations associated with the company's Polysilicon Product import volumes.

For IORs subject to a prohibition imposed pursuant to supplement no. 1 to part 705, companies should explain why the volume of imports they were entering into the United States from August 6, 2026, until the effective date of the prohibition were grounded in legitimate commercial considerations unrelated to the implementation of Proclamation 11052.

For new IORs seeking a waiver, companies should detail why they have established themselves as a new IOR, whether they have pre-existing customers or business relationships in the United States for Polysilicon Products that predate the August 6, 2026, signature date of Proclamation 11052, the foreign manufacturers whose Polysilicon Products they seek to enter into the United States, and any other factor the company deems relevant.

4. Section 4—Certification: Company applications should be signed by a senior official in the company. Applications shall include a certification, such as a sworn statement, from a senior officer of the company confirming that the submission is true, accurate, and complete to the best of the company's knowledge, under penalty of perjury, and confirming that the company has conducted reasonable diligence to verify the accuracy of the assertions and facts contained in its submissions.

5. Section 5—Representations and Acknowledgments to Be Included in the Application: A commitment to not stockpile Polysilicon Products prior to December 4, 2026.

6. Section 6—Additional Information: Any other information the applicant believes is necessary to facilitate Commerce's decision-making. If companies believe that any of the identified requirements are not appropriate for their particular situation, they should provide a detailed explanation of why the requirements detailed in supplement no.1 to part 705 (d) are inappropriate or inapplicable to their particular situation.

A. Review and Approval Process

Commerce may request supplemental documentation in addition to the information listed in paragraph (d) to supplement no. 1 to part 705 (and also detailed in section IV of this preamble), or clarification of any documentation submitted. Commerce will make an individual, fact-specific, company-specific decision for each applicant. ( printed page 60507) Commerce may respond to individual applications with questions, revisions, conditional approval pending an applicant's acceptance of proposed modifications to the proposal, or approval of the proposal as submitted. Approved applicants will be notified in writing of Commerce's decision. Commerce intends to respond to applications within 14 days of the date of receipt. Relevant information from the application may be transmitted by Commerce to CBP. CBP will administer the import adjustment prospectively after receiving a notice of approval from Commerce.

B. Confidentiality

Commerce will protect the confidentiality of all information submitted by companies pursuing a waiver.

V. Regulatory Changes

This TFR makes the following revisions to supplement no. 1 to part 705:

• The supplement title is revised to read Requirements for Applications Requesting a Waiver to the Import Prohibition for Polysilicon and Polysilicon Derivatives;
• An introductory paragraph is created explaining the background of the prohibition on the importation of Polysilicon Products into the United States and the establishment of an application waiver to the prohibition;
• Paragraph (a) explains the scope of the application waiver process;
• Paragraph (b) provides information on who may submit an application;
• Paragraph (c) provides the timeframe for submitting applications;
• Paragraph (d) provides the information on where to submit an application, the general requirements for submitting an application, and the information required in the application;
• Paragraph (e) provides the information on the review process of received applications, the process for correcting invalid applications, and the process for Commerce to request additional information for an application;
• Paragraph (f) details the procedures Commerce takes with determinations made regarding applications.
• Paragraph (g) details the obligations for customs brokers that enter Polysilicon Products into the United States;
• Paragraph (h) details the exception to the import prohibition for new IORs importing certain Polysilicon Products of permitted quantities; and
• Table 1 details the specific Polysilicon Product HTSUS codes and weekly quantities permitted under paragraph (h).

Additionally, Consistent with Proclamation 11021 of April 2, 2026, “Strengthening Actions Taken to Adjust Imports of Aluminum, Steel, and Copper into the United States” (Proclamation 11021) (91 FR 18201), this TFR also removes the aluminum and steel inclusions process. Prior to this TFR, supplement no. 1 to part 705 established the regulatory framework for the inclusions process for aluminum and steel duties implemented by the President. Proclamation 11021 terminated the aluminum, steel, and copper derivatives inclusions process established in Proclamations 10895 and 10896 on February 10, 2025, and Proclamation 10962 on July 30, 2025.

VI. Rulemaking Requirements

1. Executive Orders 13563 and 12866 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits. Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This temporary final rule has been determined to be a “significant regulatory action” under section 3(f) of Executive Order 12866, although not economically significant under section 3(f)(1). This temporary final rule is exempt from E.O. 14192 because it is being issued with respect to a national security function of the United States, per section 5(a) of E.O. 14192.

2. This rule does not contain policies with Federalism implications as that term is defined in Executive Order 13132.

3. The provisions of the Administrative Procedure Act (5 U.S.C. 553) requiring notice of proposed rulemaking, the opportunity for public comment, and a delay in effective date are inapplicable because this regulation involves a military or foreign affairs function of the United States. ( See5 U.S.C. 553(a)(1)). As explained in the report submitted by the Secretary to the President, Polysilicon Products are essential to the national security and economy of the United States. Polysilicon is the base material for semiconductors, which enable all digital products and services and provide the technical foundation for the functioning of the defense industrial base, necessary to the function of the United States military. For example, semiconductors are critical inputs for U.S. defense systems, such as radar and communication systems, electronic warfare and cybersecurity systems, and guidance and control systems for missiles and drones. Polysilicon is also essential for the production of solar products, which are used to support various U.S. defense programs. The President found that Polysilicon Products are being imported into the United States in such quantities or under such circumstances as to threaten to impair the national security of the United States, and is therefore implementing actions, including MIPs and a tariff regime, to protect U.S. national security. The President directed the Secretary to monitor imports of Polysilicon Products and to restrict imports by any company and its affiliates if the Secretary determines that a company is stockpiling Polysilicon Products before the actions implemented in Proclamation 11052 take effect on December 4, 2026.

Commerce also finds that there is good cause under 5 U.S.C. 553(b)(B) to waive the provisions of the Administrative Procedure Act requiring prior notice and the opportunity for public comment, and that there is good cause under 5 U.S.C. 553(d)(3) to waive the delay in effective date, because such delays would be impracticable or contrary to the public interest. Commerce is aware of trade data from the week after publication of Proclamation 11052 showing dramatic increases in polysilicon imports from some IORs compared to their historic weekly average import volumes. This information suggests that importers are already stockpiling polysilicon and polysilicon derivatives and that time is of the essence in addressing this issue. Providing time for notice and comment or a 30-day delay before this rule takes effect would allow importers to continue stockpiling Polysilicon Products, which undermines the actions taken in Proclamation 11052 to adjust imports of such products to rebuild the capacity of domestic industry to produce Polysilicon Products and address the national security threat.

In addition, to fulfill the direction to the Secretary in Proclamation 11052 to restrict imports by any company and its affiliates that stockpile Polysilicon Products before December 4, 2026, the Secretary must expeditiously establish criteria to determine when importers are stockpiling Polysilicon Products and implement a process to restrict such imports. The MIPs and tariff regime implemented in Proclamation 11052 take effect on December 4, 2026—in approximately three months—and the President directed the Secretary to restrict stockpiling of Polysilicon Products in the interim. Allowing time ( printed page 60508) for notice and consideration of public comments on this rule would significantly reduce the period during which this rule would be in effect. Given that this rule is only temporarily effective, providing for public comments would impair the Secretary's ability to identify and minimize stockpiling during these three months, allowing stockpiling in the interim that worsens the national security threat posed by the imports of polysilicon and polysilicon derivatives identified by the President. A 30-day delay in effective date would similarly undermine the effectiveness of Proclamation 11052 and the purpose of this rule because every additional day provides time for importers to stockpile products that will be subject to the upcoming MIPs and tariff regime.

The measures described in this rule are being issued on a temporary basis. This temporary final rule will be in effect through December 3, 2026.

4. Because a notice of proposed rulemaking and an opportunity for public comment are not required for this rule by 5 U.S.C. 553, or by any other law, the analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq., are not applicable. Accordingly, no regulatory flexibility analysis is required and none has been prepared.

5. The Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) provides that an agency generally cannot conduct or sponsor a collection of information, and no person is required to respond to nor be subject to a penalty for failure to comply with a collection of information, unless that collection has obtained Office of Management and Budget (OMB) approval and displays a currently valid OMB Control Number.

On August 6, 2026, the President issued Proclamation 11052 of August 6, 2026, “Adjusting Imports of Polysilicon and Its Derivatives Into the United States,” finding that imports of polysilicon and polysilicon derivatives threatened to impair the national security of the United States. In Proclamation 11052, the President authorized the Secretary to take action, in coordination with CBP, to restrict imports of Polysilicon Products from companies that are stockpiling those products in advance of December 4, 2026. Consistent with Proclamation 11052, this TFR establishes restrictions on all existing IORs importing Polysilicon Products prior to December 4, 2026, as well as provides criteria for new IORs to be eligible to import Polysilicon Products prior to December 4, 2026 (including the application process, documentation, and certification requirements). Because the Proclamation requires timely implementation of the import prohibition waivers, BIS cannot reasonably comply with the normal clearance procedures and thus is invoking the “Emergency Processing” procedures at 5 CFR 1320.13. Delaying this collection would impede the ability of companies to enter into import prohibition waivers and compromise the effectiveness of the Proclamation's implementation. Commerce has determined the following conditions have been met:

a. The collection of information is needed prior to the expiration of time periods normally associated with a routine submission for review under the provisions of the Paperwork Reduction Act in view of Proclamation 11052, www.federalregister.gov/​documents/​2026/​08/​11/​2026-16400/​adjusting-imports-of-polysilicon-and-its-derivatives-into-the-united-states.

b. The collection of information is essential to the mission of Commerce, in particular to allow companies seeking to obtain import prohibition waivers by submitting applications for import prohibition waivers, to effectuate the terms outlined by Proclamation 11052. These collection requirements include detailed volumes of Polysilicon Products imported ( e.g., aggregate volume since Proclamation 11052 was issued, weekly average volume, weekly average volume between January 1, 2026, and August 6, 2026, weekly average volume imported in 2025, or estimated imports prior to December 4, 2026), organizational information, the intended use of the imported Polysilicon Products, certifications and attestations, and any additional information required to substantiate the application for the import prohibition waiver. The import prohibition waivers, as described in this TFR, must be submitted in electronic form via email to the BIS Section 232 import prohibition waiver inbox ( Polysilicon232@bis.doc.gov). Applications can be found at www.bis.gov/​232. Applications for an import prohibition waiver may be submitted after September 22, 2026, and all submissions are entirely voluntary on the part of the requesting companies.

c. Public harm is reasonably likely to result if BIS were to follow the normal clearance procedures before issuing this information collection. This information collection allows companies to apply for an import prohibition waiver to increase domestic manufacturing of Polysilicon Products, which will increase the stability of the industry. A delay in Commerce's ability to begin immediate information collection from companies seeking an import prohibition waiver could lead to companies delaying decisions to increase domestic manufacturing of Polysilicon Products, which would further import dependence that the Presidential Proclamation is seeking to reduce. Additionally, a delay would impede the publication of this temporary final rule notifying IORs of the prohibition from making further entries of Polysilicon Products into the United States prior to December 4, 2026, which would allow IORs to stockpile Polysilicon Products contrary to the national security objectives set by the President.

For the reasons stated above, BIS has requested, and OMB has granted, a new information collection for this rule under OMB control number 0694-0149 with the title Process to Waive the Import Prohibition Measures to Restrict Stockpiling of Polysilicon and Polysilicon Derivative. All materials for the currently approved collection can be accessed at www.reginfo.gov.

For the reasons stated in the preamble, BIS amends 15 CFR part 705 as follows: