Companies considering increased imports of polysilicon and certain solar-related products before new Section 232 tariffs and minimum import prices take effect on December 4 should carefully evaluate a recently issued Department of Commerce rule addressing potential stockpiling.

On September 22, the Department of Commerce’s Bureau of Industry and Security issued a temporary final rule implementing President Trump’s directive in Proclamation 11052.  The rule establishes a framework through which Commerce and U.S. Customs and Border Protection (CBP) may restrict certain imports that Commerce determines constitute stockpiling in advance of the December 4 implementation date.

The rule applies to both existing and newly established importers of record (IORs).  It also outlines compliance considerations for customs brokers involved in entries of covered merchandise.

Review of Increased Imports by Existing IORs

Commerce is monitoring imports of covered polysilicon and solar-related products and may determine that an existing IOR is engaged in stockpiling if its import volumes significantly exceed historical levels.

In evaluating an importer’s activity, Commerce may consider:

• Total imports since August 6;
• Average weekly imports since August 6;
• Average weekly imports from January 1 through August 6;
• Average weekly imports during 2025; and
• Whether the importer is using newly established IORs or affiliated entities that do not ordinarily import covered products.

If Commerce determines that an IOR has engaged in stockpiling, it may direct CBP to prohibit that importer from making additional entries of covered products before December 4, unless Commerce grants a waiver.

CBP has clarified that an importer subject to such a restriction may continue to move covered merchandise into a bonded warehouse.  The merchandise, however, may not be entered for consumption before December 4.

Weekly Limits for Newly Established IORs

The rule also establishes weekly import limits for IORs registered with CBP on or after August 6.

Unless Commerce grants prior approval, these IORs are subject to the following limits:

A newly established IOR that exceeds the applicable weekly limit without Commerce approval may be prohibited from making further entries of covered merchandise before December 4.

Commerce states that these limits are based on historical import patterns.  According to Commerce, the limits are intended to allow legitimate new market participants to continue importing while reducing the possibility that newly established entities will be used to circumvent the stockpiling restrictions.

Compliance Considerations for Customs Brokers

The rule also addresses the potential use of multiple IORs, affiliated entities, or related parties to avoid applicable import restrictions.

Commerce and CBP have indicated that customs brokers may face enforcement consequences if they facilitate circumvention arrangements.  Brokers handling entries of covered merchandise therefore may need to consider:

• Whether the IOR was established on or after August 6;
• The volume of covered merchandise entered by the IOR during the same week;
• The IOR’s direct and indirect beneficial ownership;
• Whether related owners have established other new IORs importing covered products; and
• Whether the ultimate consignee or end user is associated with an importer already subject to restrictions.

CBP has indicated that brokers involved in circumvention schemes may be subject to enforcement measures, including monetary penalties and the potential suspension or revocation of broker licenses.

The rule therefore may require brokers to conduct additional diligence concerning ownership, affiliation, and end-user relationships when processing entries involving covered products.

Waiver Process

The rule establishes a waiver process for both existing and newly established IORs.

• An existing IOR that has been prohibited from making additional entries may request authorization to resume importing covered products.
• A new IOR may request approval to exceed the otherwise applicable weekly limit.

Commerce states that it intends to respond to waiver requests within 14 days.  The waiver process includes specified submission, certification, and information requirements.  Companies that anticipate seeking a waiver should review those requirements and allow sufficient time to prepare the necessary supporting information.