BIS stockpiling rule: four weeks left before Dec 4

What the rule does

The Bureau of Industry and Security's temporary final rule (91 FR 60505), effective September 22 through December 3, 2026, implements the anti-stockpiling instruction in Proclamation 11052 ahead of the Section 232 minimum import prices and tariffs that take effect on December 4. It works on two groups of importers of record (IORs):

• Existing importers. Commerce monitors entries and tells CBP which IORs are importing "in volumes substantially greater than their historic averages". Those IORs are "prohibited from making further entries" of polysilicon products before December 4. The factors include volumes since August 6, 2026, weekly averages from January 1 to August 6, 2026 and in 2025, and the use of affiliates or new IORs that do not customarily import these products.
• New importers. IORs that registered with CBP on or after August 6, 2026 are capped per week unless Commerce approves more. The table in the rule sets 55 units ("No.") a week under HTSUS 8541.43.00 and 2,000 units a week under 8541.42.00, the two subheadings the ITC lists for solar cells and modules.

Customs brokers are told to check whether an IOR is new, what it has already entered that week, who owns it, and who the goods end up with. Evasion can lead to CBP action, including proceedings under 19 CFR 111.53 to suspend or revoke a broker's license, or penalties under 19 U.S.C. 1641.

The waiver: open until December 3

An importer that is blocked or capped can apply to Commerce for a waiver. The window runs from September 22 to December 3, 2026. The rule requires a PDF of no more than 30 pages, weekly import volumes for 2025, for January 1 to August 6, 2026 and since August 6, the HTSUS codes, the intended use of the imports, a certification signed by a senior official, and "a commitment to not stockpile". Commerce "intends to respond to applications within fourteen (14) days of the date of receipt". At its discretion, an incomplete filing can get a 48-hour window to resubmit.

On our arithmetic, an application received after November 19 could still be pending on December 3 if Commerce takes the full 14 days.

New this week

BIS has filed a Paperwork Reduction Act notice (FR Doc. 2026-22726, 91 FR 70046, published November 6, 2026). It opens 60 days of public comment on the waiver application, which OMB approved on an emergency basis under control number 0694-0149. BIS estimates 165 respondents at two hours each, 330 hours in total, and calls responding "voluntary". The notice does not change the rule's dates.

What it means if you are buying modules

• Ask who the importer of record is, and when it registered. A new IOR can enter only 55 units a week under 8541.43.00 before December 4 without a waiver, so a large pre-December delivery through a new importer may not clear in time.
• Ask whether the IOR has received a CBP notice. A blocked existing importer cannot make further entries until December 4 unless Commerce grants a waiver. A delivery that slips past December 3 enters under the Section 232 regime; see our note on the December 4 price floor.
• Put entry dates in the contract. Say who carries the cost if an entry is delayed into December, and whether the price includes Section 232 duties.
• Landed stock is a different question. The rule restricts new entries. Modules already entered and sitting in a U.S. warehouse are not a new entry.

AD/CVD cases on cells and modules from India, Indonesia and Laos are moving at the same time; see our ITC note. For origin and tax-credit questions, see domestic vs. imported solar panels.