[Federal Register Volume 91, Number 153 (Tuesday, August 11, 2026)]
[Presidential Documents]
[Pages 51975-51987]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-16400]
[[Page 51973]]
Vol. 91
Tuesday,
No. 153
August 11, 2026
Part V
The President
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Proclamation 11052--Adjusting Imports of Polysilicon and Its
Derivatives Into the United States
Proclamation 11053--National Purple Heart Day, 2026
Executive Order 14418--Continuing To Protect the Meaning and Value of
American Citizenship
Executive Order 14419--Ending Birth Tourism
Presidential Documents
Federal Register / Vol. 91 , No. 153 / Tuesday, August 11, 2026 /
Presidential Documents
___________________________________________________________________
Title 3--
The President
[[Page 51975]]
Proclamation 11052 of August 6, 2026
Adjusting Imports of Polysilicon and Its
Derivatives Into the United States
By the President of the United States of America
A Proclamation
1. Polysilicon is the base material underpinning the
security of America's semiconductor and solar-power
supply chains. Yet for decades, America has allowed
foreign countries to weaken United States producers in
the polysilicon sector--eroding our economic and
national security. Today, I am taking action to put a
stop to these practices and revitalize the United
States polysilicon sector.
2. These actions are based on advice and information I
received from the Secretary of Commerce (Secretary) in
a report transmitted to me within the past 90 days
detailing the findings of his investigation under
section 232 of the Trade Expansion Act of 1962, as
amended, 19 U.S.C. 1862 (section 232), into the effects
of imports of polysilicon and its derivative products
on the national security of the United States. After
evaluating the facts considered in that investigation,
and taking into account the close relation of the
economic welfare of the Nation to our national
security, the Secretary found and advised me of his
opinion that polysilicon and its derivative products
are being imported into the United States in such
quantities and under such circumstances as to threaten
to impair the national security of the United States.
3. Among other things, the Secretary found that
polysilicon is 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 virtually every
sector of the modern economy, including the defense
industrial base. For example, semiconductors are
critical inputs for United States defense systems, such
as radar and communication systems, electronic warfare
and cybersecurity systems, and guidance and control
systems for missiles and drones. Without a secure and
reliable domestic supply of polysilicon, the United
States cannot sufficiently produce semiconductors. Nor
can the United States sufficiently scale up its
domestic production of semiconductors, as I determined
was necessary in Proclamation 11002 of January 14, 2026
(Adjusting Imports of Semiconductors, Semiconductor
Manufacturing Equipment, and Their Derivative Products
Into the United States).
4. The Secretary also found that polysilicon is
essential for the production of solar products. Solar-
grade polysilicon and its derivative solar products are
used to support various United States defense programs
and artificial intelligence (AI) innovations.
5. For decades, foreign governments--recognizing the
strategic importance of polysilicon and polysilicon
derivatives--designed policies to increase the
production of these products in their countries, which
have come at the expense of the United States industry.
These policies contributed to global oversupply in
polysilicon and polysilicon derivative sectors. As the
Secretary found, since 2020 alone, global production of
polysilicon has grown by more than 270 percent and
inventories reached a record high of 400,000 tons by
the end of 2024.
[[Page 51976]]
6. The Secretary found that imports of polysilicon and
polysilicon derivatives have eroded the capacity of
United States industry to produce polysilicon and
polysilicon derivatives. The United States' share of
global polysilicon production capacity has fallen from
50 percent in 2005 to less than 2 percent in 2024.
Meanwhile, the United States' share of global
semiconductor wafer fabrication capacity has decreased
from 37 percent in 1990 to 10 percent in 2024; and in
the solar sector, the United States is virtually
entirely dependent on imports of solar ingots, wafers,
and cells.
7. The relative lack of United States downstream solar-
related polysilicon derivative production is
particularly concerning for the long-term commercial
viability of the United States polysilicon sector. The
Secretary found that, while semiconductor-grade
polysilicon was once the primary output of the
polysilicon industry, global semiconductor-grade
polysilicon now accounts for only 2.4 percent of global
polysilicon production. The overwhelming demand for
solar-grade polysilicon relative to semiconductor-grade
polysilicon means that polysilicon manufacturers are
increasingly dependent on the production of lower
purity, solar-grade polysilicon to achieve the
production volumes necessary to sustain viable unit
costs of production for all polysilicon, including
semiconductor-grade polysilicon. Without a financially
viable market for United States solar-grade
polysilicon, United States polysilicon producers cannot
thrive and ensure domestic manufacturing of solar- and
semiconductor-grade polysilicon and their derivatives
that meets United States economic and national security
requirements.
8. In light of these findings and the other findings in
the Secretary's report, the Secretary recommended a
range of actions to adjust imports of polysilicon and
polysilicon derivatives so that such imports will not
threaten to impair the national security of the United
States. The Secretary recommended the establishment of
minimum import prices (MIP) for polysilicon and
polysilicon derivatives to create a protected domestic
market that allows United States producers to compete
free from global distortions. The Secretary also
recommended that I impose a 15 percent ad valorem rate
of duty on downstream polysilicon derivatives. The
Secretary recommended that these two remedies be
accompanied by an onshoring program to encourage
companies to build new United States polysilicon,
ingot, wafer, and cell production facilities.
9. After considering the Secretary's report, the
factors in section 232(d) (19 U.S.C. 1862(d)), and
other relevant factors and information, I concur with
the Secretary's finding that polysilicon and its
derivative products are being imported into the United
States in such quantities and under such circumstances
as to threaten to impair the national security of the
United States. In my judgment, and in light of the
Secretary's report, the factors in section 232(d) (19
U.S.C. 1862(d)), and other relevant factors and
information, I determine that it is necessary and
appropriate to adjust imports of these articles and
their derivatives, as detailed below, so that such
imports will not threaten to impair the national
security of the United States.
10. First, I determine that it is necessary and
appropriate to establish a MIP program to adjust
imports of polysilicon and its derivatives. This will
create an economic environment conducive to increasing
United States production of the full range of these
goods by ensuring a commercially viable market for
them. If foreign trading partners that have entered
into trade deals with my Administration adopt
substantially equivalent import-adjusting action
modeled after our MIP, I also authorize the Secretary
and the United States Trade Representative (Trade
Representative) to enter into arrangements that would
alter the applicability of the MIP and the tariffs
established in this proclamation to imported
polysilicon and derivatives from these trading
partners.
11. Second, I determine that it is necessary and
appropriate to impose a 15 percent ad valorem rate of
duty on imports of polysilicon derivatives so that such
imports will not threaten to impair the national
security of
[[Page 51977]]
the United States. These tariffs--combined with the MIP
program--will promote United States production of
polysilicon derivatives by ensuring a commercially
viable market for them. They will also replace a
similar but narrower safeguard tariff on solar cells
and modules that I imposed in my first term, and which
expired in February 2026.
12. Third, I determine that it is necessary and
appropriate to offer incentives for companies investing
in United States production of polysilicon and
polysilicon derivatives. The Secretary should have the
authority to enter into company-specific deals with
producers to incentivize such investments and the
strengthening of the United States polysilicon supply
chain.
13. In my judgment, based on current circumstances as
well as the future needs of the United States, the plan
of action detailed in this proclamation is necessary
and appropriate to address the threatened impairment of
the national security posed by imports of polysilicon
and its derivative products. The plan of action in this
proclamation will, among other things, help ensure the
commercial viability of United States production of
polysilicon and its derivatives that is necessary to
meet United States economic and national security
requirements. It will also enhance employment
opportunities and related human resources and promote
investment in the United States polysilicon industry.
14. Section 232 authorizes the President to take action
to adjust the imports of an article and its derivatives
that are being imported into the United States in such
quantities or under such circumstances as to threaten
to impair the national security so that such imports
will not threaten to impair the national security.
15. Section 604 of the Trade Act of 1974, as amended
(19 U.S.C. 2483) (section 604), authorizes the
President to embody in the Harmonized Tariff Schedule
of the United States (HTSUS) the substance of statutes
affecting import treatment, and actions thereunder,
including the removal, modification, continuance, or
imposition of any rate of duty or other import
restriction.
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 from
time to time to reflect market conditions or other factors affecting the
fair market value of covered products under non-distorted, 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
to the proclamation 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 permit importers of polysilicon and polysilicon derivatives to submit
documentation at entry establishing or certifying either that any first
arm's-length sale of the imported merchandise (or, if applicable,
downstream products made from that merchandise) in the United States will
occur at or above the applicable MIP, or that any first arm's-length sale
of the imported merchandise is pursuant to fixed terms in a contract
entered into prior to the date of the signing of this proclamation.
[[Page 51978]]
(b) If an importer fails to submit the documentation referenced in
subclause (a) of this clause, the imported merchandise shall be subject to
a specific tariff equal to the applicable MIP.
(c) For importers that submit the documentation referenced in subclause (a)
of this clause, in the event that the entered value on the entry summary of
the imported merchandise is less than the MIP, the imported merchandise
shall be subject to a specific tariff equal to the difference between the
entered value on the entry summary and the MIP.
(3) CBP shall monitor and enforce the accuracy of
importer documentation submitted pursuant to clause (2)
of this proclamation. If CBP determines that an
importer's documentation was materially inaccurate or
that an importer has materially failed to comply with
its certification, that importer and its affiliates
shall permanently be prohibited from importing
polysilicon and polysilicon derivatives into the United
States. CBP may also impose penalties on the
noncompliant importer to the extent 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
polysilicon derivatives specified in Annexes I and II
of this proclamation shall be subject to an additional
15 percent ad valorem rate of duty, except as otherwise
specified in this proclamation.
(5)(a) The duties imposed pursuant to clauses (2)
and (4) of this proclamation shall continue in effect
unless they are expressly reduced, modified, or
terminated. These duties shall apply in addition to any
other duties, taxes, fees, exactions, and charges
applicable to such products, except as otherwise
specified in this proclamation.
(b) For products of Japan, Korea, Taiwan, Switzerland, Liechtenstein, or a
member nation of the European Union subject to tariffs under this
proclamation, the sum of the additional section 232 tariff imposed pursuant
to clause (4) of this proclamation and the applicable rate of duty under
Column 1 of the HTSUS (Column 1 Duty Rate) shall be equal to 15 percent.
(c) For products of the United Kingdom subject to tariffs under this
proclamation, the applicable rate of duty under clause (4) of this
proclamation shall be 10 percent.
(6) The Secretary is authorized to establish a
program to incentivize investment in United States
production of raw polysilicon, as well as ingots,
wafers, and cells (Covered Products).
(a) The Secretary is authorized to solicit and accept onshoring plans from
companies. Any onshoring plan shall include: a commitment, if the plan is
approved, to build, refurbish, or expand a facility in the United States
that will produce Covered Products; a commitment that construction will
start by January 20, 2029; and any other relevant information and analysis,
including requirements set by the Secretary.
(b) The Secretary is authorized to approve onshoring plans described in
subclause (a) of this clause. In determining whether an onshoring plan
qualifies for approval, the Secretary, in consultation with any senior
executive branch officials the Secretary deems appropriate, shall consider
all relevant factors he deems appropriate, such as the anticipated start
date of construction, whether the proposed plan's project timeline is
commercially reasonable, whether the proposed plan's project milestones are
commercially reasonable, the anticipated annual production of Covered
Products from the onshoring project, whether the proposed plan's
anticipated costs and Covered Product production projections are
reasonable, and how the benefits of the reduced tariff rate will be
allocated between the applicants of the onshoring plan. When approving
onshoring plans, the Secretary shall act in a manner consistent with the
need to address the national security threat found in this proclamation.
[[Page 51979]]
(c) If the Secretary approves a company's onshoring plan, the Secretary
shall allow the company to import necessary production equipment and
Covered Products, in volumes the Secretary deems commensurate with the
company's newly committed investment, without paying applicable section 232
duties. These benefits shall be tied to the facility's construction period,
shall be contingent on the company making sufficient progress under its
approved onshoring plan, and may vary depending on whether the imports use
United States polysilicon.
(d) The Secretary is authorized to take all actions that he deems
appropriate to implement and effectuate this program, including, consistent
with applicable law, the issuance of regulations, rules, guidance, and
procedures. All approved onshoring plans shall be subject to monitoring and
enforcement by the Secretary. The Secretary may require that companies with
approved onshoring plans submit reports to the Department of Commerce to
ensure compliance with domestic manufacturing commitments, and he may
require that such reports be audited by external auditing firms. Should the
Secretary determine that a company is substantially failing to meet its
agreed-upon commitments that are the basis for granting tariff offsets or
other tariff incentives, the Secretary is authorized to cease and rescind
those benefits. In cases where the executive branch assesses that a company
engaged in fraud or deliberately misled the United States Government with
respect to onshoring commitments, the rescission of tariff benefits can be
retroactive to the extent permitted by law, and the Commissioner of CBP may
collect the additional tariffs owed because of the retroactive rescission
of the tariff benefits and impose any appropriate fines and penalties to
the extent consistent with applicable law.
(7) Any product subject to duties pursuant to this
proclamation, except those eligible for admission under
``domestic status'' as described in 19 CFR 146.43, that
is admitted into a United States foreign trade zone on
or after the effective date of this proclamation may be
admitted only under ``privileged foreign status'' as
described in 19 CFR 146.41, and any product admitted in
``privileged foreign status'' prior to the effective
date of this proclamation will be subject upon entry
for consumption to any duties related to the
classification under the applicable HTSUS subheading.
(8) Manufacturing drawback claims made in
accordance with subsections (a) and (b) of section 313
of the Tariff Act of 1930, as amended, 19 U.S.C.
1313(a)-(b), shall be available with respect to the
duties imposed pursuant to this proclamation on
articles that meet the following conditions:
(a) the article is not of a type of merchandise subject to an antidumping
or countervailing duty order, without regard to whether the article is from
the country or countries listed in the order or orders;
(b) the article is a product of Trade Agreement Partners, composed of the
United Kingdom, the European Union, Japan, the Republic of Korea,
Switzerland, Liechtenstein, Mexico, Canada, and any trading partner with
which the United States concludes a trade and security agreement; and
(c) the polysilicon content of the article is composed entirely of
polysilicon from a Trade Agreement Partner country.
(9) The Secretary, in consultation with the
Secretary of Homeland Security, the Trade
Representative, the Chairman of the United States
International Trade Commission, and any other senior
executive branch official the Secretary deems
appropriate, shall determine whether any modifications
to the HTSUS are necessary to effectuate or implement
this proclamation or any actions taken pursuant to this
proclamation, and shall make such modifications through
notice in the Federal Register, including any technical
correction to Annex I or Annex II to this proclamation.
(10) The Secretary shall monitor actions taken by
our trading partners to establish minimum import prices
for polysilicon and polysilicon derivatives. Should the
Secretary, in consultation with the Trade
Representative and the Senior Counselor for Trade and
Manufacturing, determine that a trading partner has
established a substantially equivalent minimum import
[[Page 51980]]
price, then the Secretary may alter the applicability
of the MIP and the tariffs established in this
proclamation to polysilicon and polysilicon derivatives
from that trading partner.
(11) The Secretary shall continue to monitor
imports of polysilicon and polysilicon derivatives. If
the Secretary determines that a company is stockpiling
polysilicon or polysilicon derivatives before the date
in clauses (2) and (4) of this proclamation, the
Secretary shall take action in coordination with CBP to
restrict imports by the company and its affiliates. The
Secretary also shall, from time to time, in
consultation with any senior executive branch officials
the Secretary deems appropriate, review the status of
such imports with respect to the national security. The
Secretary shall inform the President of any
circumstances that, in the Secretary's opinion, might
indicate the need for further action by the President
under section 232. The Secretary shall also inform the
President of any circumstance that, in the Secretary's
opinion, might indicate that the remedies provided for
in this proclamation are no longer necessary.
(12) The Secretary and the Secretary of Homeland
Security are directed and authorized to take all
actions to implement and effectuate this proclamation--
including, consistent with applicable law, through
temporary suspension or amendment of regulations or
through notices in the Federal Register and by adopting
rules, regulations, or guidance--and to employ all
powers granted to the President, including by section
232, as may be necessary to implement this
proclamation. The head of each executive department and
agency (agency) is authorized to and shall take all
appropriate measures within the agency's authority to
implement this proclamation. The head of each agency
may, consistent with applicable law, including 3 U.S.C.
301, redelegate the authority to take such appropriate
measures within the agency.
(13) The Secretary, in consultation with any senior
executive branch officials he deems appropriate, may
issue rules, regulations, and guidance consistent with
this proclamation, including to address operational
necessity and prevent circumvention and evasion,
including through manipulation of related-party
transactions or transfers of foreign subsidies.
(14) CBP may take any appropriate measures,
consistent with applicable law, to administer the
tariffs and MIPs imposed by this proclamation.
(15) Any provision of previous proclamations and
Executive Orders that is inconsistent with this
proclamation is superseded to the extent of such
inconsistency.
(16) If any provision of this proclamation or the
application of any provision of this proclamation to
any individual or circumstance is held to be invalid,
the remainder of this proclamation and the application
of its provisions to any other individual or
circumstance shall not be affected. If any fee, duty,
tariff, or program described in this proclamation is
held to be invalid by a court of competent
jurisdiction, the remainder shall continue in effect.
[[Page 51981]]
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.
(Presidential Sig.)
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[FR Doc. 2026-16400
Filed 8-10-26; 11:15 am]
Billing code 7020-02-C