On August 6, 2026, President Trump issued a Presidential Proclamation, Adjusting Imports of Polysilicon and Its Derivatives Into the United States (Aug. 6, 2026) under Section 232 of the Trade Expansion Act of 1962 imposing a 15 percent ad valorem tariff on polysilicon derivatives and a minimum import price program covering polysilicon, ingots, wafers, solar cells, and solar modules. The measures apply to goods entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01 a.m. eastern time on December 4, 2026.
The rates have been widely reported. The compliance mechanism has drawn less attention, and it is the more consequential development. To avoid a specific duty equal to the entire minimum import price, an importer must certify at entry that a future domestic sale will occur at or above a government-set price floor. The proclamation's stated consequence for a materially inaccurate certification is a permanent prohibition on importing polysilicon and polysilicon derivatives, extending to the importer's affiliates, along with penalties.
The minimum import price program
The proclamation sets tariffs across four different commodities:
Polysilicon (HTSUS 2804.61.0000): $21 per kilogram
Polysilicon ingots and wafers (HTSUS 3818.00 subheadings): $100 per kilogram
Solar cells (HTSUS 8541.42): $0.22 per watt
Solar modules (HTSUS 8541.43): $0.38 per watt
The duty consequence depends on what the importer files:
If no documentation is submitted, the merchandise is subject to a specific tariff equal to the full applicable minimum import price. Not the shortfall — the entire floor.
If documentation is submitted and the entered value falls below the floor, the specific tariff equals the difference between the entered value on the entry summary and the minimum import price.
If documentation is submitted and the entered value is at or above the floor, no minimum import price duty applies.
The certification has two available bases. The importer must establish or certify either that any first arm's-length sale of the imported merchandise — or, where applicable, of downstream products made from that merchandise — in the United States will occur at or above the applicable minimum import price, or that the sale is pursuant to fixed terms in a contract entered into before the date the proclamation was signed. The Secretary of Commerce has authority to adjust the price floors over time.
The 15 percent ad valorem layer
Raw polysilicon is subject to the minimum import price mechanism only. The derivative articles — ingots and wafers, solar cells, and solar modules — carry an additional 15 percent ad valorem duty, with rates varying by origin:
For products of Japan, Korea, Taiwan, Switzerland, Liechtenstein, and European Union member states, the sum of the Section 232 tariff and the applicable Column 1 rate equals 15 percent. A 5 percent Column 1 rate therefore leaves a 10 percent Section 232 increment.
For products of the United Kingdom, the rate is 10 percent.
For all other origins, including China, the full 15 percent applies.
The duties apply in addition to other duties, taxes, fees, exactions, and charges except as otherwise specified. They stack on Section 301 duties and on antidumping and countervailing duties. For Chinese-origin solar derivatives, combined exposure can exceed 65 percent. Consistent with other Section 232 actions, there is no exemption for USMCA-originating goods. Annex II implements the measures through new Chapter 99 provisions at 9903.45.30 through 9903.45.36, and Annex I identifies the covered subheadings. The annexes control, and the Secretary may issue technical corrections by Federal Register notice.
Consequence of the Minimum Import Price (MIP) Certification
Customs programs ordinarily require the importer to describe facts that exist at the time of entry (e.g., classification, import value, and origin). This minimum import price (MIP) certification is different. It requires the importer to certify as to the price of the first domestic sale, and instructs Customs to audit the certifications.
This article is for general informational purposes and is not legal advice. It is based on the text of the proclamation as published; the annexes and any subsequent Federal Register notices and CBP guidance control.