Section 232 Polysilicon Proclamation Puts a 15% Duty and Minimum Import Prices on Solar Cells and Modules From December 4, 2026 — Imports Below $0.38 per Watt Pay the Difference
Proclamation 11052, signed August 6, 2026 and published in the Federal Register on August 11, adds two Section 232 measures on polysilicon and its derivatives for goods entered on or after 12:01 a.m. ET on December 4, 2026. First, a minimum import price (MIP) program: $21/kg for polysilicon, $100/kg for ingots and wafers, $0.22 per watt for solar cells and $0.38 per watt for solar modules. Importers must certify at entry that the first arm's-length US sale will be at or above the MIP (or is under a fixed-term contract signed before August 6); if the entered value is below the MIP they pay a specific tariff equal to the gap, and with no documentation they pay a specific tariff equal to the full MIP. Second, ingots and polysilicon derivatives listed in the annexes carry an additional 15% ad valorem duty on top of all other duties. For Amazon sellers this matters mainly to anyone importing solar panels or cells, which law-firm summaries place under HTS 8541.42 and 8541.43.
Real-World Impact
Take a 100-watt solar module from a standard-rate country. Its MIP is 100 × $0.38 = $38.00. If it is entered at $30.00 with the required certification, it owes a $8.00 specific tariff (the $38.00 − $30.00 gap) plus the 15% ad valorem duty of $4.50, or $12.50 in new Section 232 charges per module before any other duties. If no documentation is filed, the specific tariff is the full $38.00, so the new charges come to $42.50 on a $30.00 module.
Key Points
- Proclamation 11052 was signed August 6, 2026 and published in the Federal Register on August 11, 2026 (FR Doc. 2026-16400); both measures apply to goods entered for consumption, or withdrawn from warehouse, on or after 12:01 a.m. ET on December 4, 2026
- Minimum import prices: $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. Commerce may adjust these over time
- Importers must submit documentation at entry certifying that the first arm's-length US sale (or of downstream products made from the import) will be at or above the MIP, or that it follows fixed terms in a contract signed before August 6, 2026. With documentation, merchandise entered below the MIP pays a specific tariff equal to the gap; without documentation, the specific tariff equals the full MIP
- Separately, polysilicon ingots and the polysilicon derivatives listed in Annexes I and II pay an additional 15% ad valorem duty. For products of Japan, Korea, Taiwan, Switzerland, Liechtenstein and EU member states, the Section 232 duty plus the normal Column 1 rate totals 15%; UK products pay 10%
- Both measures apply in addition to any other duties, taxes and fees. Wiley's summary lists the covered solar lines as HTS 8541.42.0010/.0080 (cells) and 8541.43.0010/.0080 (modules), implemented through new Chapter 99 subheadings 9903.45.30–9903.45.36
- If CBP finds an importer's documentation materially inaccurate, that importer and its affiliates are permanently barred from importing polysilicon and polysilicon derivatives. Commerce is also directed to restrict imports from companies it finds stockpiling before December 4
- Covered goods admitted to a foreign trade zone on or after December 4 must enter under privileged foreign status unless eligible for domestic status
What You Should Do Now
- 1Pull every SKU you import under HTS 8541.42 or 8541.43 and calculate its per-watt entered value against the $0.22 (cells) and $0.38 (modules) floors
- 2For solar products entering on or after December 4, 2026, budget for both the MIP gap and the 15% ad valorem duty. They stack with each other and with any existing duties
- 3Ask your customs broker how the entry certification will be filed and what records support it. Missing documentation triggers the full MIP as a specific tariff, and materially inaccurate documentation can mean a permanent import bar
- 4If you have a supplier contract with fixed terms signed before August 6, 2026, gather it now, since it is the only documented alternative to certifying an at-or-above-MIP US sale
- 5Have a broker confirm classification for products that incorporate solar cells but are not sold as panels before assuming they fall outside the annexes