BY THE PRESIDENT OF THE UNITED STATES OF AMERICA
A PROCLAMATION
1.
Polysilicon is a critical material for America’s semiconductor and solar power supply chains, playing a fundamental role in national security. However, the country has seen its producers weakened by foreign interventions for years, compromising economic and national security. Today, I am implementing measures to halt these practices and rejuvenate the U.S. polysilicon industry.
2.
This initiative is based on insights and information provided by the Secretary of Commerce, documented in a report submitted to me within the last 90 days. This report, under section 232 of the Trade Expansion Act of 1962, as amended (19 U.S.C. 1862), examined the impact of polysilicon imports on U.S. national security. The Secretary concluded that the current volume and conditions of these imports pose a threat to national security.
3.
The Secretary highlighted that polysilicon is crucial for both national security and the economy, serving as the foundational material for semiconductors. These semiconductors are indispensable for digital products and services, underpinning nearly every modern economic sector, including defense. Essential for U.S. defense systems, semiconductors are used in radar, communication, electronic warfare, cybersecurity, and guidance systems. Without a stable and reliable domestic supply of polysilicon, the U.S. cannot effectively produce or expand its semiconductor manufacturing, a necessity established in Proclamation 11002 of January 14, 2026.
4.
Additionally, polysilicon is vital for manufacturing solar products. Solar-grade polysilicon and its derivatives are integral to supporting U.S. defense programs and AI advancements.
5.
Over the years, foreign governments have recognized the strategic importance of polysilicon and designed policies to boost their own production, often undermining U.S. industries. These strategies have led to a global surplus in polysilicon and its derivatives. Since 2020, global production of polysilicon surged by over 270%, with inventories reaching an unprecedented 400,000 tons by the close of 2024.
6.
The Secretary discovered that imports of polysilicon and its derivatives have diminished the U.S. industry’s capacity to produce these materials. The U.S. share of global polysilicon production capacity plummeted from 50% in 2005 to under 2% in 2024. Concurrently, the U.S. share of global semiconductor wafer fabrication capacity dropped from 37% in 1990 to 10% in 2024. In the solar sector, the U.S. relies almost entirely on imported solar ingots, wafers, and cells.
7.
The lack of downstream solar-related polysilicon derivative production in the U.S. is a significant concern for the long-term viability of the polysilicon sector. Although semiconductor-grade polysilicon was once the industry’s main product, it now accounts for just 2.4% of global production. The high demand for solar-grade polysilicon over semiconductor-grade polysilicon has led to a dependency on the production of lower purity solar-grade polysilicon to maintain cost efficiency for all polysilicon types. Without a robust market for U.S. solar-grade polysilicon, domestic producers cannot succeed nor meet economic and national security needs.
8.
In response to these findings, the Secretary recommended several actions to adjust polysilicon imports to protect U.S. national security. This includes establishing minimum import prices (MIP) and imposing a 15% ad valorem duty on downstream polysilicon derivatives. The Secretary also suggested an onshoring program to encourage the development of new U.S. facilities for polysilicon, ingot, wafer, and cell production.
9.
After reviewing the Secretary’s report and related factors, I agree with the finding that polysilicon imports threaten U.S. national security. I believe it is necessary to adjust these imports as detailed below to prevent such threats.
10.
Initially, I find it essential to establish a MIP program for polysilicon and its derivatives. This will foster a conducive economic environment for increasing domestic production of these goods. If foreign partners adopt similar import adjustments aligned with our MIP, I authorize the Secretary and the U.S. Trade Representative to negotiate adjustments to the MIP and tariffs for those partners.
11.
Furthermore, imposing a 15% ad valorem duty on polysilicon derivative imports is necessary. This, along with the MIP program, aims to boost U.S. production by ensuring a viable market. This tariff will replace the prior safeguard on solar cells and modules, which expired in February 2026.
12.
Additionally, offering incentives for companies investing in U.S. polysilicon production is crucial. The Secretary should negotiate specific deals to encourage these investments and strengthen the polysilicon supply chain.
13.
This plan of action, based on the current situation and future needs, is vital to address the national security threat posed by polysilicon imports. It will help ensure the commercial viability of domestic polysilicon production necessary for economic and national security, while also enhancing employment and investment opportunities in the sector.
14.
Section 232 allows the President to adjust imports that threaten national security, ensuring they do not impair it.
15.
Section 604 of the Trade Act of 1974, as amended, authorizes the President to incorporate statutes affecting import treatment into the Harmonized Tariff Schedule, including imposing or modifying duties or restrictions.
NOW, THEREFORE, I, DONALD J. TRUMP, President of the United States of America, by the authority vested in me by the Constitution and the laws of the United States, including section 232; section 604; and section 301 of title 3, United States Code, do hereby proclaim as follows:
(1)(a) The applicable minimum import prices for imported polysilicon and polysilicon derivatives shall be:
(i) $21 per kilogram for polysilicon;
(ii) $100 per kilogram for polysilicon ingots and wafers;
(iii) $0.22 per watt for solar cells; and
(iv) $0.38 per watt for solar modules.
(b) The Secretary is authorized to adjust these minimum import prices to reflect market conditions or other factors affecting the fair market value under free-market conditions.
(2) Effective with respect to goods entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01 a.m. eastern time on December 4, 2026, imports of polysilicon and polysilicon derivatives specified in Annexes I and II shall be subject to the MIP program, as detailed in this clause.
(a) To implement the MIP program, U.S. Customs and Border Protection (CBP) shall allow importers to submit documentation certifying that the first arm’s-length sale of the imported merchandise in the United States will occur at or above the applicable MIP, or is pursuant to fixed contract terms set before the proclamation’s signing.
(b) If importers fail to provide the required documentation, the merchandise will be subject to a specific tariff equal to the applicable MIP.
(c) For compliant importers, if the entered value is less than the MIP, the merchandise will incur a tariff equal to the difference between the entered value and the MIP.
(3) CBP will monitor and enforce the accuracy of importer documentation. Non-compliance may result in permanent prohibition from importing polysilicon and its derivatives into the U.S. and penalties consistent with applicable law.
(4) Effective with respect to goods entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01 a.m. eastern time on December 4, 2026, imports of polysilicon ingots and derivatives will incur an additional 15% ad valorem duty, except as specified otherwise.
(5)(a) These duties will remain in effect unless reduced, modified, or terminated and will apply in addition to any other applicable charges, except as specified otherwise.
(b) For products from Japan, Korea, Taiwan, Switzerland, Liechtenstein, or EU member nations, the combined additional section 232 tariff and Column 1 Duty Rate will equal 15%.
(c) For products from the United Kingdom, the applicable duty rate will be 10% under clause (4).
(6) The Secretary is authorized to establish a program to encourage investment in U.S. production of raw polysilicon, ingots, wafers, and cells (Covered Products).
(a) The Secretary may solicit and accept onshoring plans from companies. Approved plans must include commitments to build, refurbish, or expand U.S. facilities and begin construction by January 20, 2029, along with any other relevant information.
(b) In approving onshoring plans, the Secretary will consider relevant factors, including construction timelines, production projections, and cost assessments, ensuring consistency with national security needs.
(c) Approved companies may import necessary equipment and products without paying section 232 duties, contingent on sufficient progress under their plans and whether they use U.S. polysilicon.
(d) The Secretary is authorized to implement this program, including issuing regulations and guidance. Approved plans will be subject to monitoring and enforcement, with the requirement for regular reporting and potential audits. Failure to meet commitments may lead to rescission of benefits, with retroactive penalties in cases of fraud or deception.
(7) Products subject to duties under this proclamation, except those eligible for “domestic status,” may only be admitted under “privileged foreign status” in U.S. foreign trade zones, with duties applied upon entry for consumption.
(8) Manufacturing drawback claims will be available for articles meeting specific conditions, including not being subject to antidumping or countervailing duty orders, being products of Trade Agreement Partners, and containing polysilicon from such partners.
(9) The Secretary, in consultation with other senior officials, may determine and implement necessary modifications to the HTSUS to effectuate or implement this proclamation, including technical corrections.
(10) The Secretary will monitor trading partner actions on minimum import prices for polysilicon and may adjust MIP and tariffs for compliant partners.
(11) The Secretary will continue monitoring polysilicon imports, coordinating with CBP to restrict imports by companies stockpiling before the specified dates. The Secretary will periodically review import status concerning national security and advise the President on necessary actions.
(12) The Secretary and Homeland Security are directed to implement this proclamation, employing all powers granted to the President under section 232 and other relevant laws, with agency heads authorized to take necessary measures.
(13) The Secretary, in consultation with senior officials, may issue rules and guidance to prevent circumvention and evasion, including through related-party transactions or foreign subsidies.
(14) CBP may take measures to administer the tariffs and MIPs imposed by this proclamation.
(15) Any inconsistent provisions in previous proclamations and Executive Orders are superseded by this proclamation to the extent of the inconsistency.
(16) If any provision of this proclamation is invalidated, the remainder of the proclamation remains unaffected. If any fee, duty, or program is invalidated by a court, the rest will continue in effect.
IN WITNESS WHEREOF, I have hereunto set my hand this sixth day of August, in the year of our Lord two thousand twenty-six, and of the Independence of the United States of America the two hundred and fifty-first.
ANNEX I
ANNEX II
DONALD J. TRUMP
